Transport Infrastructure (Rail) Regulation 2017

This section applies if—

the moving entity’s moving expenses are not paid within 2 months after a notice is given under section 21 for the property; or

if the moving entity decides not to give a notice under section 21(3) for the property—

at least 2 months have passed since the decision; and

the moving entity reasonably considers the property has been abandoned.

The moving entity may dispose of the property—

by selling it; or

if the proceeds of its sale are not likely to cover the entity’s moving expenses and the reasonable expenses that would be incurred by the entity in selling it—in the way the entity believes appropriate.

If the property is sold, the proceeds of the sale must be applied in making payments in the following order—

the expenses reasonably incurred by the moving entity in selling the property (the sale expenses);

the moving expenses;

if there is an amount owing to an entity under a security interest registered for the property under the Personal Property Securities Act 2009 (Cwlth)—in payment of the amount owing under the security interest;

the balance (if any) to the owner.

If the proceeds of the sale are less than the combined sale expenses and moving expenses, the difference between the combined expenses and the proceeds—

is a debt payable to the moving entity by the person who is liable for the moving expenses; and

may be recovered as a debt by action against the person in a court of competent jurisdiction.

If the property is not sold, the moving expenses and the expenses reasonably incurred by the moving entity in disposing of the property—

are a debt payable to the moving entity by the person who is liable for the moving expenses; and

may be recovered as a debt by action against the person in a court of competent jurisdiction.