Public Trustee and Guardian Act 1985

Where—

the public trustee and guardian is satisfied that a person is the owner of or beneficially entitled to property of which the public trustee and guardian is manager under this part; and

the whereabouts of the person are known to the public trustee and guardian;

describing the property; and

specifying the location of the property; and

informing the person that the public trustee and guardian is acting as manager of the property; and

requesting that the person, within such period as is specified in the notice, being a period of not less than 2 months after the date of the notice, take delivery of, or make arrangements, satisfactory to the public trustee and guardian, for taking delivery of, the property; and

informing the person of the action that may be taken by the public trustee and guardian under this section in connection with the property in the event of the request referred to in paragraph (f) not being complied with.

Where—

a notice relating to property is given to a person under subsection (1); and

the person—

does not comply with the request contained in the notice; or

having complied with the request by making arrangements for taking delivery of the property—does not give effect to those arrangements;

requiring the person, within such period as is specified in the notice, being a period of not less than 3 months after the date of the notice, to take delivery of, or make arrangements, satisfactory to the public trustee and guardian, for taking delivery of, the property; and

informing the person of the relevant action that may be taken by the public trustee and guardian in connection with the property under subsection (3) if the requirement referred to in paragraph (c) is not complied with; and

where appropriate, informing the person that the proceeds of sale of the property will be paid to the Territory.

Where—

a notice relating to property is given to a person under subsection (2); and

the person—

does not comply with the requirement contained in the notice; or

having complied with the requirement by making arrangements for taking delivery of the property—does not give effect to those arrangements;

if the property is not money—

where the gross value of the property exceeds $5 000—may apply to the court for an order to sell the property and the court may make an order accordingly; or

where the gross value of the property does not exceed $5 000—may sell the property; or

if the property is money—shall, after deduction of all costs and charges lawfully due to the public trustee and guardian or any other person in connection with the property, pay it to the Territory.

Where, on an application made to it by a person, the court is satisfied that—

the applicant or another person is the owner of or beneficially entitled to property of which the public trustee and guardian is manager under this part; and

the whereabouts of the applicant or that other person are known;

Where—

the public trustee and guardian has continued to act as manager of property for a period of not less than 7 years; and

the owner of or person beneficially entitled to the property has not been ascertained or, if ascertained, has not been located; and

the gross value of the property does not exceed $5 000;

if the property is not money—may sell or otherwise dispose of the property in such manner as the public trustee and guardian thinks fit; or

if the property is money—shall, after deduction of all costs and charges lawfully due to the public trustee and guardian or any other person in connection with the property, pay it to the Territory.

Where, on an application made to it by the public trustee and guardian, the court is satisfied that—

the public trustee and guardian has continued to act as manager of property for a period of not less than 7 years; and

the owner of or person beneficially entitled to the property has not been ascertained or, if ascertained, has not been located;

if the property is not money—that the property be sold or otherwise disposed of in such manner as it thinks fit; or

if the property is money—that, after deduction of all costs and charges lawfully due to the public trustee and guardian or any other person in connection with the property, it be paid to the Territory.

Before selling or otherwise disposing of property under subsection (5), the public trustee and guardian must—

give public notice of the proposed sale or disposal; and

if the last-known place of residence of the person lawfully entitled to the property is in another State or Territory—give notice of the proposed sale or disposal in a newspaper circulating in that State or Territory.

Before determining an application under subsection (6), the court may direct—

that notice of the application be served on such person as it thinks fit; and

that notice of the application be published in such manner as it thinks fit.