Western Australian Current Acts

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RESIDENTIAL PARKS (LONG-STAY TENANTS) ACT 2006 - SECT 48

48 .         Disposing of goods abandoned by long-stay tenant

        (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.]



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