South Australian Current Regulations South Australian Current Regulations (1) A passenger who
finds property on a public passenger vehicle must deliver it to the driver.
(2) The driver of a
public passenger vehicle must at the conclusion of each shift carefully
examine the vehicle for property that may have been left in the vehicle.
(3) The driver of a
public passenger vehicle in which lost property is found must—
(a) in
the case of property found in a vehicle that is participating in a centralised
booking service—
(i)
immediately notify the centralised booking service that
the property has been found; and
(ii)
as soon as is reasonably practicable (and in any event
within 48 hours), deliver the property to the operator of the centralised
booking service or to an approved collection agent;
(b) in
any other case—as soon as is reasonably practicable (and in any event
within 48 hours), deliver the property to the operator of the service, or
to an approved collection agent.
(4) A driver must
ensure that property delivered under subregulation (3) is accompanied by
a written notice, in a form determined by the Minister, signed by the driver,
setting out—
(a) the
licence or registration number of the vehicle on which the property was found;
and
(b) the
day on which, and the time at which, the property was found; and
(c) the
driver's name and identification number; and
(d)
other details determined by the Minister (if any).
(5) If the property is
delivered to an operator under subregulation (3), the operator
must—
(a) make
a record of the delivery of the property; and
(b)
immediately, in a manner and form determined by the Minister, notify the
Minister of the delivery of the property; and
(c)
unless the operator has in turn delivered the property to an approved
collection agent—
(i)
ensure that reasonable steps are taken to locate the
owner of the property, and to return it to him or her; and
(ii)
deliver the property to a person who provides reasonable
proof of an entitlement to the property, or otherwise satisfies the person
that he or she is entitled to the property; and
(iii)
ensure that the property is kept in a secure place until
the property is claimed, or able to be disposed of under this regulation; and
(iv)
make a record when or if it is disposed of under this
regulation; and
(v)
until the property is disposed of, provide, in a manner
and form determined by the Minister, a weekly report to the Minister.
(6) An operator to
whom property is delivered under subregulation (3) must retain possession
of the property for 2 days (unless the property is returned to its owner
in the meantime), and may then, at the operator's discretion, deliver it to an
approved collection agent.
(7) An
approved collection agent must, in relation to property delivered to it under
this regulation—
(a) make
a record of the delivery of the property; and
(b)
immediately, in a manner and form determined by the Minister, notify the
Minister of the delivery of the property; and
(c)
ensure that reasonable steps are taken to locate the owner of the property,
and to return it to him or her; and
(d)
deliver the property to a person who provides reasonable proof of an
entitlement to the property, or otherwise satisfies the approved collection
agent that he or she is entitled to the property; and
(e)
ensure that the property is kept in a secure place until the property is
claimed, or able to be disposed of under this regulation; and
(f) make
a record when or if it is disposed of under this regulation; and
(g) as
required by the Minister, provide reports to the Minister in relation to the
property.
(8) If an operator or
approved collection agent still has custody of lost property after
2 months, he or she may—
(a)
return it to the driver of the relevant vehicle; or
(b) sell
it by public auction, or otherwise sell or dispose of it in a manner approved
by the Minister; or
(c) with
the approval of the Minister—retain it for his or her own use.
(9) An operator who
sells property under subregulation (8) is entitled to retain the proceeds
of sale.
(10) The proceeds from
the sale of property by an approved collection agent will be dealt with in a
manner determined by agreement between the Minister and the
approved collection agent.
(11) If a person
informs the operator of a passenger transport service that the person has lost
an item of property on a vehicle used for the purposes of that service, the
operator must take reasonable steps to locate the property and to return it to
the person.
(12) If a person
informs the operator of a centralised booking service that the person has lost
an item of property on a vehicle participating in the service, and the
operator does not have possession of the property under
subregulation (3), and has not delivered the property to an approved
collection agent under subregulation (6), the operator must—
(a)
inquire via the network whether the property has been found; and
(b) if
the property is not located within 24 hours—make a further inquiry via
the network.
(13) An administration
fee, of an amount determined by the Minister, may be charged before lost
property is returned to its owner under this regulation.
(14) In this
regulation—
"approved collection agent" means a person appointed by the Minister to
establish and maintain a central repository for the collection, storage and
handling of lost property;
"owner" of property includes a person lawfully entitled to possession of the
property.
(15) This regulation
does not apply in relation to property lost on a
regular passenger service vehicle.
Note—
Division 2 Subdivision 2 contains provisions relating to property left on
regular passenger service vehicles.