Defence Force Regulations (Amendment)

Administered by Department of Defence

Legislation au F1996B01702 Regulations Not in force Legislative Instrument

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Statutory Rules

1980 No. 95

REGULATION UNDER THE DEFENCE ACT 19031

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 Defence Act 1903.

 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 REGULATIONS2

  The Defence Force Regulations are amended by adding at the end thereof the following Part:

 

“PART IX—DISPOSAL OF UNCLAIMED PROPERTY

 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 paid 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.”.

 

NOTES

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.

 

Overview

The Statutory Rules 1980 No. 95, titled "Regulation under the Defence Act 1903," was enacted to address the issue of unclaimed property held in Defence Force stores. This regulation, made by the Governor-General acting with the advice of the Federal Executive Council, introduces a framework for the disposal of personal property held in Defence Force custody for over six months, when the ownership cannot be established. The primary objective is to ensure that the Commonwealth does not incur unnecessary costs associated with the storage of such property, and to provide a process for the sale or destruction of such items after reasonable efforts to locate the rightful owner have been exhausted. The proceeds from the sale of such property are to be paid into the Trust Fund under the Audit Act 1901, with provisions for owners to apply for their share of the proceeds within six years of the sale.

Scope and Application

The Defence Force Regulations, amended by Statutory Rules 1980 No. 95, establish procedures for the disposal of unclaimed personal property held by the Commonwealth in Defence Force stores or establishments. This regulation applies to personal property held in custody by the Commonwealth for over six months, with no record of ownership, or property belonging to former or current Defence Force members held for over six months where efforts to locate the owner have been made. The regulation allows for the sale or destruction of such property if specified conditions are met, such as the publication of notices in the Gazette and newspapers, and the expiration of specified waiting periods after notice publication. The disposal of property can be authorised by a person designated by a chief of staff. Proceeds from the sale of unclaimed property are to be deposited into the Trust Fund under the Audit Act 1901, with provisions for owners to apply for the proceeds within six years of the sale. The regulation applies across the Commonwealth, as it is made under the Defence Act 1903, which has a national jurisdiction. No specific exclusions, exemptions, or thresholds are mentioned in the regulation itself, although the applicability of the regulation may be extended or restricted by subordinate instruments or further legislative amendments.

Key Provisions

The main operative sections of the regulation detail the conditions under which personal property held by the Commonwealth in Defence Force stores or establishments may be sold or destroyed. Under regulation 41(1), personal property held for over six months without a record of ownership, and after a notice has been published, can be disposed of. Similarly, under regulation 41(2), personal property of Defence Force members held for over six months, with a reasonable effort made to trace the owner, can be disposed of if a notice is published. For property where the owner and address are known, regulation 41(3) permits disposal if the owner is notified and fails to claim the property. The obligations imposed by the Act primarily involve the Defence Force and the Commonwealth. They must ensure that notices are published in the Gazette and appropriate newspapers, providing details of the property and the disposal process. They must also make reasonable efforts to trace the owners of property and notify them by certified mail, allowing a 30-day period for collection. Failure to comply with these requirements could result in legal repercussions. Offences and penalties are not explicitly stated in this regulation. However, non-compliance with the publication and notification requirements could lead to civil consequences, such as claims for the return of property or compensation for its loss. Additionally, the misuse of funds from the sale of unclaimed property could result in criminal charges under other relevant legislation, with penalties depending on the specific offence and jurisdiction. The regulation emphasises the importance of adhering to the prescribed processes to ensure the lawful and transparent disposal of unclaimed property.

Legal classification tags

Area of Law
Administrative Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Reporting & Disclosure Obligations
Offence Provisions
Proceeds of sale to be paid into Trust Fund
Owner may apply for proceeds of sale

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.