Impounded articles register
Under the NSW Impounding Act 1993 No. 31, an impounding authority must keep a record of each impounded item received at a pound that it operates. The record for each item must describe the item, show when it was received and contain details of its release or disposal.
The attached register is provided for this purpose.
Impounded Articles Register (XLSX 25KB)
Who can impound and what can be impounded
Impounding officers are persons appointed as impounding officers by impounding authorities. Impounding officers can impound certain articles, as provided by this Act.
An impounding officer may impound an article found in the officer’s area of operations if the officer believes on reasonable grounds that the article has been abandoned or left unattended.
Note: The Local Government Act 1993 gives a council power to order the removal of an object or matter that is causing or likely to cause an obstruction.
Impounded article to be delivered to pound
An impounding officer must have an impounded article delivered to a pound as soon as practicable after it is impounded. The pound to be used is the nearest convenient pound (if it is impounded by a police officer) or (if it is impounded by an impounding officer of an impounding authority) the nearest pound operated or used by the authority.
However, an impounded article need not be delivered to a pound if the size, quantity or nature of the article concerned makes its delivery to or storage at a pound impracticable, unreasonably costly or more costly than the value of the article. In such a case, the impounded article may be left where it is impounded.
Impounded item to be sold if not claimed
An impounding authority must cause an impounded item to be offered for sale if the item is not released before the deadline for release. The sale is to be by public auction or public tender.
The item may be disposed of otherwise than by sale if the impounding authority believes on reasonable grounds that the item has no monetary value or that the proceeds of sale would be unlikely to exceed the costs of sale.
If an impounded item offered for sale is not sold, the impounding authority may dispose of the item otherwise than by sale.
The deadline for release for an impounded item is:
- in the case of an impounded article: 28 days from the day on which notice was given to the owner of the item under section 20 or, if reasonable inquiries have failed to reveal the name and address of the owner, 28 days from the day on which those inquiries were completed or the date on which the article was impounded (whichever is the later).
Owner can obtain release of impounded item
Application may be made to an impounding authority for the release of an impounded item held by it or impounded by one of its impounding officers. The application may be made at any time before the item is sold or disposed of.
The impounding authority must release the item to the applicant if:
- The authority is satisfied on reasonable grounds that the applicant is the owner of the item, is authorised to claim the item on the owner’s behalf or is otherwise entitled to lawful possession of the item, and
- All fees and charges payable in respect of the impounding, holding and disposing of the item are paid to the impounding authority, and
- The authority is satisfied that all penalties imposed in connection with the event that gave rise to the impounding have been paid, and
- The applicant signs a receipt for the release of the item.