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PORT MANAGEMENT (PORT OF MELBOURNE SAFETY AND PROPERTY) REGULATIONS 2020 (SR NO 108 OF 2020) - REG 24

VPCM may give a direction or notify the owner

    (1)     If the VPCM is able to ascertain the identity of the owner of an abandoned thing, the VPCM—

        (a)     may give a direction in writing to the owner to move the thing from the port; and

        (b)     if the thing is moved under section 88Q(1) or (2) of the Act, must serve a written notice of the removal and storage of the thing on the owner as soon as reasonably practicable after the thing is moved.

    (2)     A direction under subregulation (1)(a)—

        (a)     must state the owner's name; and

        (b)     must include a description of the thing; and

        (c)     must state that the thing must be moved within five business days; and

        (d)     takes effect immediately on being sent to the owner of the thing.

    (3)     A person who has been given a direction under subregulation (1)(a) must comply with that direction, unless the person has a reasonable excuse for not complying.

Penalty: 10 penalty units.

    (4)     A notice issued under subregulation (1)(b) must state the following—

        (a)     the owner's name;

        (b)     a description of the thing;

        (c)     the date and time the thing was moved and stored;

        (d)     the process by which the thing may be collected, including—

              (i)     the location of the thing; and

              (ii)     details of how the owner can claim the thing; and

              (iii)     the contact details of the VPCM (or person) who can release the thing; and

              (iv)     the type of evidence required to establish the entitlement of a person seeking to have the thing released that must be produced before the thing will be released;

        (e)     the date on which the VPCM intends to sell or otherwise dispose of the thing;

        (f)     the ability of the VPCM to recover, in the Magistrates' Court, costs incurred by the VPCM associated with moving or storing the thing.



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