Uncollected Goods Act 1996

This Act is the Uncollected Goods Act 1996.

The dictionary at the end of this Act is part of this Act.

Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.

For example, the signpost definition ‘uncollected goods—see section 5.’ means that the term ‘uncollected goods’ is defined in that section.

Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this Act is explanatory and is not part of this Act.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Other legislation applies in relation to offences against this Act.

Note 1 Criminal Code

The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

Note 2 Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

Subject to subsection (2), this Act applies to goods in the possession of a person whether the goods came into the person’s possession before, on or after the commencement of this section.

This Act does not apply to—

unclaimed prizes under the Lotteries Act 1964; or

unclaimed moneys under the Unclaimed Money Act 1950; or

cheques, IOUs or other writings for securing the payment of money, goods or other property; or

animals under the Domestic Animals Act 2000 or the Stock Act 2005; or

firearms, firearm parts or ammunition under the Firearms Act 1996; or

prohibited weapons or prohibited articles under the Prohibited Weapons Act 1996.

Goods shall be deemed to be uncollected goods for this Act—

where the possessor received or holds the goods in pursuance of an agreement under which—

the owner was to collect the goods at a certain time or within a certain period and has failed to do so; or

the possessor was to deliver the goods to the owner and, after making a reasonable attempt, the possessor is unable to do so in accordance with the agreement; and

where the possessor has a lien on the goods under the Mercantile Law Act 1962 and a notice of intention to sell the goods has been given in accordance with section 22 (2) of that Act, but the charges stated in the notice have not been paid by the day specified in the notice; and

where the goods are received or held by the possessor in the absence of any agreement regarding collection of the goods—

in the case of perishable goods or goods of no value—immediately the goods are received or held by the possessor; or

in the case of any other goods—the owner has refused or failed to comply with a request made in accordance with section 7 to collect the goods; and

where the goods were lost or abandoned at a pool facility––

in the case of perishable goods or goods of no value––immediately the operator of the pool facility or employee of the operator takes possession of the goods; or

in the case of any other goods—if the goods have not been given to a person entitled to their possession within the period specified in section 12; and

where the goods were lost or abandoned on public or unleased land—

in the case of perishable goods or goods of no value—immediately the goods are found by an authorised officer; or

in the case of any other goods—

immediately the goods are moved to a retention area under section 14 (1) (a) (i); or

if the goods have not been collected by the owner in accordance with a notice affixed to the goods under section 14 (1) (a) (ii).

However, subsection (1) (e) does not apply if—

the goods are a vehicle; and

an authorised officer has reasonable grounds for believing that the vehicle has been abandoned.

This division applies to goods received or held in the absence of an agreement for their collection.

A possessor may request the owner of goods to collect the goods within 7 days of the date of the request.

A request under subsection (1) must—

be in writing; and

contain—

a brief description of the goods; and

the address at which the goods are available for collection; and

a statement of the times at which, or the hours between which, the goods will be available for collection at that address; and

a statement that the goods may be disposed of in accordance with part 3 if they are not collected within 7 days of the date of the request; and

a statement of any costs that must be met by the owner before the goods will be released by the possessor.

A request must—

be sent to the owner’s last-known address; or

if the possessor does not have an address for the owner and has not been able to find an address through reasonable inquiry—be given by public notice.

Note Public notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act, dict, pt 1).

Where an owner refuses or fails to comply with a request made in accordance with section 7, the goods shall be deemed to be uncollected goods and may be disposed of in accordance with part 3.

Where goods that a reasonable person would believe have been lost or abandoned are found at a pool facility––

by an operator of the pool facility or employee of the operator—the operator or employee must take possession of the goods; or

by any other person––the person must immediately place the goods in the possession of the operator of the pool facility or an employee of the operator.

An operator of a pool facility or employee of the operator must, on taking possession of goods, other than perishable goods, under section 9, enter in a register, to be known as the lost property register—

a description of the goods; and

any other particulars relating to the goods.

This section applies if a person claims possession of goods entered in the lost property register at a pool facility under section 10.

A person may be given possession of the goods if the person––

satisfies the operator of the pool facility or employee of the operator that the person is entitled to possession of the goods; and

enters the person’s signature and address in the lost property register as evidence of receiving the goods.