Commonwealth Consolidated Regulations

FISHERIES MANAGEMENT REGULATIONS 1992 - REG 19

         (1)   This regulation applies to equipment used for fishing if:

                (a)    an officer finds the equipment in the AFZ; and

               (b)    the identity of the owner of the equipment is unknown.

         (2)   The officer must keep the equipment in safe custody for a period of 30 days after the day on which it was found.

         (3)   If the owner of the equipment has not been identified by the end of the period, AFMA must place a notice in:

                (a)    1 or more newspapers circulating in the Australian port nearest to the place where the equipment was found; or

               (b)    if there is no newspaper circulating in the port -- 1 or more newspapers nominated by the Managing Director.

         (4)   The notice must:

                (a)    describe the equipment; and

               (b)    identify the place, or approximate place, where it was found; and

                (c)    state that unless the owner of the equipment is not identified within 14 days after the date of publication of the newspaper, the equipment will be sold by public auction.

         (5)   AFMA may attempt to sell the equipment by public auction if:

                (a)    the owner of the equipment is not identified at the end of 14 days after the date on which the latest of the notice is published; and

               (b)    the equipment is in saleable condition.

         (6)   For the purposes of the auction:

                (a)    the Commonwealth is taken to be the absolute owner of the equipment; and

               (b)    an officer may conduct it without holding an auctioneer's licence under the law of the State or Territory in which the auction is held; and

                (c)    the proceeds of the sale of the equipment must be paid to AFMA.

         (7)   AFMA may direct how the equipment is to be disposed of if:

                (a)    it is not in saleable condition; or

               (b)    it is offered, but not sold, at the auction.

         (8)   No action lies against the Commonwealth or a person as a result of the sale or disposal of the equipment.