Defence Force Regulations (Amendment) (Cth)
REGULATION UNDER THE DEFENCE
ACT 1903
I, THE GOVERNOR-GENERAL of the Commonwealth
of Australia, acting with the advice of the Federal Executive Council, hereby
make the following Regulation under the
Dated this first day of May 1980.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
J. E. MCLEAY
Minister of State for Administrative Services
for and on behalf of the Minister of State for Defence
_______________
AMENDMENT OF THE DEFENCE FORCE REGULATIONS
The Defence Force Regulations are amended by adding at the end thereof the following Part:
Disposal of unclaimed property held in the custody or control of the Commonwealth
“41. (1) Where—
(a) any personal property has been held in the custody or control of the Commonwealth in a Defence Force store or otherwise in a Defence Force establishment for over 6 months;
(b) there is no record of the ownership of that property; and
(c) a notice in accordance with the requirements specified in sub-regulation (4) has been published both in the
Gazette and in a major metropolitan daily newspaper in the State or Territory where the property is located,that property may be sold or—
(d) if the property is incapable of being sold;
(e) if the expenses of the sale of the property would exceed the sale price; or
(f) if in the opinion of a person authorized by a chief of staff it would not be appropriate to sell the property,
destroyed, by a person authorized by a chief of staff, after the expiration of the period of 3 months after the publication of that notice.
“(2) Where—
(a) any personal property of a person who is or has been a member of the Defence Force has been held in the custody or control of the Commonwealth in a Defence Force store, or otherwise in a Defence Force establishment, for over 6 months;
(b) a reasonable effort has been made to trace the owner of that property; and
(c) a notice in accordance with the requirements specified in sub-regulation (4) has been published in both the
Gazette and in a newspaper circulating in the locality last known to be the owner’s whereabouts,that property may be sold or—
(d) if the property is incapable of being sold;
(e) if the expenses of the sale of the property would exceed the sale price; or
(f) if in the opinion of a person authorized by a chief of staff it would not be appropriate to sell the property,
destroyed, by a person authorized by the chief of staff, after the expiration of the period of 3 months after the publication of that notice.
“(3) Where—
(a) any personal property of a person who is or has been a member of the Defence Force is held in the custody or control of the Commonwealth in a Defence Force store or otherwise in a Defence Force establishment;
(b) the owner of the property and his current address are known; and
(c) a notice has been sent by certified mail to that address informing the owner—
(i) of the location of the property;
(ii) of the name of the person from whom the property can be collected;
(iii) of the times at which the property can be collected; and
(iv) that failure by the owner to collect the property or to supply an address to which the property can be forwarded would result in the property being sold or—
(A) if the property is incapable of being sold;
(B) the expenses of the sale of the property would exceed the sale price; or
(C) in the opinion of a person authorized by a chief of staff it would not be appropriate to sell the property,
destroyed, after the expiration of 30 days after the sending of that notice,
that property may be sold or—
(d) if the property is incapable of being sold;
(e) the expenses of the sale of the property would exceed the sale price; or
(f) in the opinion of a person authorized by a chief of staff it would not be appropriate to sell the property,
destroyed, by a person authorized by a chief of staff, after the expiration of 30 days after the sending of that notice.
“(4) A notice that is published in the
Gazette or a newspaper for the purposes of this regulation shall contain the following particulars—
(a) the location of the property to which it relates;
(b) a description sufficient to identify the property;
(c) where a claim for the property can be lodged;
(d) from whom the property can be recovered; and
(e) a statement to the effect that, should the property remain unclaimed, it would be sold or—
(i) if the property is incapable of being sold;
(ii) if the expenses of the sale of the property would exceed the sale price; or
(iii) if in the opinion of a person authorized by a chief of staff it would not be appropriate to sell the property,
destroyed, after the expiration of 3 months after the publication of that notice.
Proceeds of sale to be pa id into Trust Fund “42. The proceeds of a sale of unclaimed property under regulation 41, less the expenses incurred in connection with the sale, shall be paid into the Trust Fund kept under section 60 of the
Audit Act 1901.
Owner may apply for proceeds of sale “43. (1) A person may, within the period of 6 years after a sale under regulation 41, apply to the Minister for the proceeds of that sale.
“(2) Where the Minister is satisfied that an applicant under sub-regulation (1) for the proceeds of a sale was the owner of the property disposed of at that sale, or is the person who would be entitled to the property had it not been disposed of at that sale, the Minister may authorize payment from the Trust Fund to that applicant of an amount equal to the amount paid into the Trust Fund in respect of the sale of that property.”.
1. Notified in the
Commonwealth of Australia Gazette on 9 May 1980.2. Statutory Rules 1952 No. 29 as amended by Statutory Rules 1953 Nos. 61 and 62; 1958 No. 38; 1963 No. 133; 1968 No. 14; 1976 Nos. 52 and 106.
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