(1A) In this section
—
storage period means the period beginning on the
day on which the long-stay agreement is terminated and ending 60 days after
that day.
(1) Goods that are or
were owned by, or under the control of, a long-stay tenant may be treated as
abandoned goods if they remain on the agreed premises for more than 2 days
after the day on which the long-stay agreement was terminated.
(2) The park operator
may remove and destroy or otherwise dispose of abandoned goods if —
(a) the
goods are perishable foodstuffs; or
(b) the
cost of the removal, storage and sale of the goods is or is likely to be more
than the estimated value of the goods.
(3) If abandoned goods
cannot be dealt with under subsection (2), the park operator must store them
appropriately in a safe place for at least the storage period.
Penalty for this subsection: a fine of $5 000.
(4) The park operator
must —
(a) give
a notice in the approved form to the long-stay tenant or former long-stay
tenant within 7 days after storing the abandoned goods; or
(b) do
both of the following —
(i)
arrange for a notice in the approved form or a summary of
the notice to be made publicly available in the prescribed manner within 7
days after storing the abandoned goods;
(ii)
display the notice in a prominent position at the
residential park that was the subject of the long-stay agreement within 9 days
after storing the abandoned goods.
Penalty for this subsection: a fine of $5 000.
(5) If the abandoned
goods are not reclaimed within 60 days after the day on which they were put
into storage, the park operator must as soon as practicable arrange for the
goods to be sold at public auction.
(6) At the request of
the park operator, the Commissioner may state in writing whether or not in the
Commissioner’s opinion there are reasonable grounds for believing that
subsection (2) applies in respect of particular goods.
[Section 48 amended: No. 28 of 2020 s. 49.]