Uncollected Goods Act 1995

This Act is the Uncollected Goods Act 1995.

This Act commences on a day to be appointed by proclamation.

In this Act—

bailed goods means goods subject to bailment, and includes goods held by the Sheriff following their seizure under a writ of execution.

bailment includes bailment for reward, bailment in the course of business, gratuitous bailment, involuntary bailment or any sub-bailment, but does not include anything excluded from this definition by the regulations.

depositor means the person who gives possession of goods (whether or not the person is the owner of the goods), and includes a bailor.

dispose of includes sell or destroy.

goods means all chattels personal, other than things excluded from this definition by the regulations.

publicly registered interest, in relation to goods, means—

in the case of a motor vehicle or a boat or vessel—a security interest in the motor vehicle or the boat or vessel recorded in the Personal Property Securities Register under the Personal Property Securities Act 2009 of the Commonwealth, or

in the case of any other goods—an interest in the goods recorded in a register (whether of the Commonwealth or the State) that is prescribed by the regulations.

receiver means the person who takes possession of goods, and includes a bailee.

relevant charges—see section 28.

Tribunal means the Civil and Administrative Tribunal.

uncollected goods means goods that are uncollected as referred to in section 5.

Bailed goods are uncollected for the purposes of this Act if—

the goods are ready for delivery to the depositor in accordance with the terms of the bailment, but the depositor has failed to take delivery of the goods or, if those terms so provide, to give directions as to their delivery, or

the receiver is required to give notice to the depositor before the goods are so ready for delivery, but is unable to trace or communicate with the depositor, or

the receiver can reasonably expect to be relieved of any duty to safeguard the goods on giving notice to the depositor, but is unable to trace or communicate with the depositor.

Goods are also uncollected goods if—

a park owner reasonably believes the goods have been abandoned or left by the occupant on the site when an occupation agreement is terminated (within the meaning of the Holiday Parks (Long-term Casual Occupation) Act 2002), or

an operator reasonably believes the goods have been abandoned or left behind on residential premises when an agreement is terminated or on common property in the community (within the meaning of the Residential (Land Lease) Communities Act 2013), or

a landlord reasonably believes the goods have been abandoned or left behind by the tenant or an occupant of the premises after vacant possession of the premises is obtained or the premises are abandoned (within the meaning of the Residential Tenancies Act 2010), or

an operator reasonably believes the goods have been abandoned or left behind on residential premises when a residence contract is terminated or on common property within the retirement village (within the meaning of the Retirement Villages Act 1999), or

an owners corporation reasonably believes the goods have been abandoned or left behind on common property of a strata scheme (within the meaning of the Strata Schemes Management Act 2015), or

an owners corporation reasonably believes the goods have been abandoned or left behind on the lot of an owner in a strata scheme, within the meaning of the Strata Schemes Management Act 2015 and acts with the consent of the owner, or

the goods are of a kind prescribed by the regulations.

This Act is available for the disposal of uncollected goods where there is no agreement between the parties on the means of their disposal. If there is such an agreement, this Act applies to any aspect of the disposal of those goods that is not dealt with in the agreement.

This Act is also available as an alternative to other statutory means of disposal of particular uncollected goods. However, it is not available as an alternative to the following—

the Passenger Transport Act 1990,

the Passenger Transport Act 2014,

the Pawnbrokers and Second-hand Dealers Act 1996,

the Storage Liens Act 1935,

the Transport Administration Act 1988,

the Unclaimed Money Act 1995,

any other Act or instrument prescribed by the regulations.

(Repealed)

A person does not incur any liability in respect of the disposal of uncollected goods in accordance with this Act or in accordance with an order of the Tribunal.

This Part applies to uncollected goods, other than bailed goods in respect of which a dispute exists between the depositor and the receiver as to—

the amount of any charge made by the receiver for the carriage or storage of the goods or for repairs or other work done in connection with the goods, or

the condition of the goods or the nature or quality of any repairs or other work done in connection with the goods.

This section applies to uncollected goods with a value of less than $1,000 (low value uncollected goods).

A receiver may dispose of low value uncollected goods in an appropriate manner if the depositor—

has been given oral or written notice of the receiver’s intention to dispose of the goods, and

has been given at least 14 days, from the date when notice was given, within which to collect the goods.

The receiver may move or store low value uncollected goods in an appropriate manner.

This section applies to uncollected goods with a value equal to or more than $1,000 but less than $20,000 (medium value uncollected goods).

A receiver may dispose of medium value uncollected goods by way of public auction or by private sale for a fair value if the depositor—

has been given written notice of the receiver’s intention to dispose of the goods, and

has been given at least 28 days, from the date when notice was given, within which to collect the goods.

The receiver may move or store medium value uncollected goods in an appropriate manner.

This section applies to uncollected goods with a value of at least $20,000 (high value uncollected goods).

A receiver must not dispose of high value uncollected goods otherwise than in accordance with an order of the Tribunal.

Maximum penalty—200 penalty units.

A receiver may apply to the Tribunal for an order specifying the way in which the uncollected goods are to be disposed of.

The receiver may move or store high value uncollected goods in an appropriate manner.

This section applies to personal documents that are uncollected goods.

A receiver may dispose of personal documents if the depositor—

has been given written notice of the receiver’s intention to dispose of the documents, and

has been given at least 28 days, from the date when notice was given, within which to collect the documents.

Personal documents must be disposed of by way of a secure destruction method or by returning the documents to their author.

In this section—

personal document means—

a birth certificate, passport or other identity document, or

bank books or other financial statements or documents, or

photographs and other personal memorabilia, or

licences or other documents conferring authorities, rights or qualifications, or

any other record, or class of record, prescribed by the regulations for the purposes of this definition.