Police Act Amendment Act 1985 (No. 2) (Qld)

1112 (t ueen slirnl ANNO TRICESIMO QUARTO ELIZABETHAE SECUNDAE REGINAE No. 72 of 1985 An Act to amend the Police Act 1937-1985 in certain particulars [ASSENTED TO 23RD O CTOBER, 1985]

Police Act Amendment Act (No. 2) 1985, No. 72 1113 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title and citation . (1) This Act may be cited as the Police Act Amendment Act 1985 (No. 2). (2) In this Act the Police Act 1937-1985 is referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Police Act 1937-1985. 2. Repeal of and new s . 67. The Principal Act is amended by repealing section 67 and substituting the following section:- "67. Unclaimed property ; disposal thereof . (1) A vehicle that comes into the possession of a member of the Police Force, not being his property, shall thereby become and be the property of the Crown, if the member of the Police Force is on duty when the vehicle comes into his possession, and shall be disposed of in accordance with this section: Provided that if before the vehicle is disposed of a person lawfully entitled to the vehicle other than the member of the Police Force referred to claims it the property in the vehicle shall divest from the Crown and vest in that person. In this section the term "vehicle" means a conveyance of any kind designed for use in, on, under or over land or water, whether or not it is self-propelled and whether or not, at the material time, it is capable of being used as a conveyance or operated in the manner for which it is designed. (2) Anything whether animate or inanimate that lawfully comes into the possession of a member of the Police Force and that is unclaimed within four months after it comes into that possession shall be disposed of as follows:- (a) if the Commissioner is satisfied that the thing should not be offered for public sale, the thing shall be disposed of as the Minister directs; (b) if the Minister is satisfied- (i) that the value of the thing does not exceed $2 000 or such other figure as is prescribed at the material time by Order in Council: and (ii) that the thing would be of benefit to a department of government of the State, the thing may be disposed of as the Minister directs; (c) if the superintendent or inspector for the time being responsible for the police establishment in question considers that the value of the thing- being a vehicle, is less than $200; or

1114 Police Act Amendment Act (No. 2) 1985, No. 72 3 being any other thing, is less than $20, the thing may be disposed of as the Commissioner directs; (d) if the thing is food or the superintendent or inspector for the time being responsible for the police establishment in question considers that the thing is perishable or unsaleable, the thing may be disposed of as that superintendent or inspector directs to the person in charge of a benevolent institution for the benefit of its inmates or, if there is no benevolent institution to which the thing may be readily disposed of, the thing may be disposed of to a charitable purpose as that superintendent or inspector directs; (e) if the superintendent or inspector for the time being responsible for the police establishment in question considers that the thing is, for any reason, in such a state or condition as to be dangerous or unfit for use, either for the purpose for which it was intended or for any other purpose for which a thing of the same description might profitably be used the thing may be destroyed as that superintendent or inspector directs; (f) where the thing has not been disposed of pursuant to paragraph (a), (b), (c), (d) or (e), it shall, at the direction of the Commissioner, be sold by public auction. In this subsection the expression "police establishment in question" means the police establishment at which the member of the Police Force into whose possession the thing in question has come was stationed at the time the thing came into his possession. (3) A sale by auction pursuant to paragraph (f) of subsection (2) shall be subject to the following provisions:- (a) before the sale a notice of the sale shall be published in a newspaper circulating in the district in which the sale is to be held; (b) if the sale is to be held at a place where there is no person readily available who is the holder of an auctioneer's licence under the Auctioneers and AgentsAct 1971-1985 the auction may be conducted by a person- who is not the holder of such a licence; and who is appointed by the Commissioner for the purpose,

Police Act Amendment Act ( N o . 2 ) 1985, No. 72 1 1 15 and that person may charge reasonable fees for conducting the auction; (c) the sale shall confer on the purchaser a title good against all other persons; (d) if in connexion with a sale any stamp duty or other duty becomes payable the liability to pay that duty shall be, as between the seller (or his agent) and the purchaser, the liability of the purchaser; (e) the proceeds of the sale shall be applied to The Police Fund, unless they are claimed within 12 months after the sale by a person lawfully entitled thereto, whereupon they shall be paid to him.