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Defence Force Regulations (Amendment)

Authoritative Version
  • - F1996B01702
  • No longer in force
SR 1980 No. 95 Regulations as made
These Regulations amend the Defence Force Regulations.
Administered by: Defence
General Comments: This instrument was backcaptured in accordance with Section 36 of the Legislative Instruments Act 2003
Registered 01 Jan 2005
Tabling HistoryDate
Tabled HR13-May-1980
Tabled Senate13-May-1980
Gazetted 09 May 1980
Date of repeal 19 Mar 2014
Repealed by Defence (Spent and Redundant Instruments) Repeal Regulation 2014

 

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.