Western Australian Current Acts Western Australian Current Acts (1) The park operator
is not liable for loss caused in respect of the removal, destruction or
disposal of abandoned goods under section 48(2).
(2) Also, the park
operator is not liable, in respect of the removal, destruction, storage, sale
or disposal of abandoned goods to which section 48(2) does not apply, except
—
(a) for
intentional or negligent damage to the goods; or
(b) to a
person who had an interest in the abandoned goods if the park operator —
(i)
had actual knowledge the person had the interest in the
goods; and
(ii)
failed to take all reasonable steps to notify the person
of the whereabouts of the goods; and
(iii)
failed to afford the person an opportunity to reclaim the
goods.
(3) If the park
operator is found liable to the long-stay tenant for abandoned goods that were
destroyed or otherwise disposed of, but the park operator establishes that the
goods were dealt with in reliance on a statement of the Commissioner to the
effect that, in the Commissioner’s opinion, there are reasonable grounds
for believing that section 48(2) applies to the goods, then the park operator
is entitled to be paid an amount equal to the amount of the liability out of
the Rental Accommodation Account.
[Section 51 amended: No. 60 of 2011 s. 108; No. 28
of 2020 s. 50.]