Commonwealth Numbered Acts

AIRPORTS (SURFACE TRAFFIC) AMENDMENT ACT 1976 No. 125 of 1976 - SECT 6

6. Section 9 of the Principal Act is amended-

(a) by omitting from sub-section (2) the words ''Forty dollars'' and
substituting the symbol and figures ''$100''; and

   (b)  by adding at the end thereof the following sub-sections:-

''(4) After the removal of a vehicle in accordance with sub-section (3), the
person who removed the vehicle shall, within 21 days after the removal, give
to the owner of the vehicle a notice stating where the vehicle is located and
setting out the terms of sub-section (6).

''(5) A notice for the purposes of sub-section (4) may be given-

   (a)  by being served on the owner personally or by being posted as a
        registered letter addressed to the owner at the address of the place
        of residence or business of the owner last known to the person who is
        required to give the notice; or

   (b)  if it is not reasonably practicable to give the notice in accordance
        with paragraph (a)-by publication of the notice in a newsaper
        circulating in the State or Territory in which the vehicle is
        situated.

''(6) If the owner of the vehicle does not, within 1 month after the notice is
given-

   (a)  pay to the Secretary an amount equal to the expenses incurred in
        connexion with the removal and storage of the vehicle and the giving
        of the notice; and

   (b)  remove the vehicle from the place where it is located,

the Secretary may-

   (c)  by notice published in a newspaper circulating generally in the State
        or Territory in which the vehicle is situated and in such other
        newspapers (if any) as the Secretary considers appropriate, invite
        tenders, within a time specified in the notice, for the purchase of
        the vehicle; or

   (d)  if, in the opinion of the Secretary, the vehicle has no commercial
        value, cause the vehicle to be disposed of in such manner as he thinks
        fit.

''(7) If no tender is received for the purchase of the vehicle in pursuance of
a notice under sub-section (6) within the time specified in the notice, the
Secretary may cause the vehicle to be disposed of in such manner as he thinks
fit.

''(8) A person who acquires a vehicle that is disposed of in pursuance of this
section becomes the owner of the vehicle free of charges and encumbrances.

''(9) The proceeds of the disposal of a vehicle under this section shall be
paid into the Consolidated Revenue Fund.

''(10) If-

   (a)  the proceeds of the disposal of a vehicle under this section exceed
        the sum of the expenses referred to in sub-section (6) in relation to
        that vehicle and the expenses incurred in connexion with the disposal;
        and

   (b)  a person who satisfies the Secretary that he was the owner of the
        vehicle immediately before it was disposed of applies to the Secretary
        for a payment under this sub-section in respect of the vehicle,

an amount equal to the excess shall be paid to the person out of the
Consolidated Revenue Fund, which is appropriated accordingly.''.