Western Australian Consolidated Regulations Western Australian Consolidated Regulations (1) This regulation
applies only in relation to goods of which the loss, abandonment or failure to
claim is not otherwise provided for by the provisions of any other law or
contract.
(2) If any thing is
left in or on any property of the Commission and the owner of the thing is not
known, the Commission may give notice published in the Government Gazette that
the thing will be sold on a day, being not less than 21 days from the
publication of the notice, unless the owner before that day removes the thing
and pays all charges payable in respect of it.
(3) If the owner of
the thing does not so remove it and so pay those charges, the Commission may
cause it to be sold.
(4) Where the thing so
left is perishable the Commission may cause it to be sold or where the thing
causes offence or creates a nuisance, the Commission may cause it to be
destroyed at the expense of the owner, and may cause either to be done without
notice to the owner.
(5) The Commission
shall apply the proceeds of a sale made pursuant to this
regulation —
(a)
firstly, in paying the costs of and incidental to the sale, including all
charges and expenses incidental to the storage and handling of the thing;
(b)
secondly, in paying the amount of the balance to the person entitled thereto
upon his establishing his claim to that amount within 30 days after the
sale.
(6) Where a claim
referred to in subregulation (5)(b) is not so established the amount of
the balance so referred to shall be paid by the Commission to the credit of
the Western Australian Coastal Shipping Commission Account.
(7) The amount
expended in the exercise of the powers conferred upon the Commission by the
provisions of subregulation (4) to the extent to which it is not
recovered on sale pursuant to those provisions is recoverable by the
Commission in a court of competent jurisdiction as a debt due by the owner of
the thing destroyed or sold under those provisions.