1Short title
This Act may be cited as the Uncollected Goods Act 2004.
Bills and explanatory statements from legislation.nt.gov.au; second reading speeches from the NT Parliamentary Record (Territory Stories). Links open the official source in a new tab.
Bill homepage (legislation.nt.gov.au)This Act may be cited as the Uncollected Goods Act 2004.
This Act comes into operation on the date fixed by the Administrator by notice in the Gazette.
The object of this Act is to provide for the disposal of goods under bailment that remain uncollected if the parties to the bailment have not entered into an agreement for their disposal.
In this Act, unless the contrary intention appears:
Accountable Officer means the Accountable Officer, within the meaning of the Financial Management Act 1995, of the Agency administering this Act.
bailment includes bailment for reward, bailment in the course of business, gratuitous bailment, involuntary bailment and any sub‑bailment.
Court means the Local Court.
disposal costs means the costs incurred by the receiver for the disposal of goods under Part 2.
high value, for goods, means the goods are of a value more than or equal to $1 000 and less than $7 000 or, if another value is prescribed by the Regulations, that other value.
low value, for goods, means the goods are of a value less than $200 or, if another value is prescribed by the Regulations, that other value.
medium value, for goods, means the goods are of a value more than or equal to $200 and less than $1 000 or, if another value is prescribed by the Regulations, that other value.
motor vehicle means a motor vehicle as defined in the regulations made under the PPS Act.
PPS Act means the Personal Property Securities Act
2009 (Cth).
PPS Register means the Personal Property Securities
Register established under section 147 of the PPS Act.
provider means the person who gives possession of goods under a bailment (whether or not the person is the owner of the goods).
receiver means the person who takes possession of goods under a bailment.
relevant charge has the meaning in section 6.
uncollected goods has the meaning in section 5.
Goods under bailment are uncollected goods if:
(a) the goods are ready for delivery to the provider in accordance with the terms of the bailment, but the provider has not taken delivery of the goods and not given directions as to their delivery;
(b) the receiver is required to give notice to the provider when the goods are ready for delivery but cannot locate or communicate with the provider;
(c) the receiver can reasonably expect to be relieved of any duty to safeguard the goods on giving notice to the provider but cannot locate or communicate with the provider; or
(d) the provider has not paid the relevant charge payable to the receiver in relation to the goods within a reasonable time after being informed by the receiver that the goods are ready for delivery.
(2) However, subsection (1)(a) does not apply if the provider's failure to take delivery arises from:
the receiver refusing to make delivery; or
the receiver preventing the provider from taking delivery.
(1) The relevant charge is the amount payable by the provider to the receiver for goods under bailment and payment of which entitles the provider to take delivery of the goods.
(2) Unless determined otherwise by a Court order, the amount payable to the receiver is the sum of the following:
(a) for any carriage or storage of the goods or for any repairs, cleaning, treatment or other work done in connection with the goods:
(i) the amount agreed to by the provider and receiver as the charge payable to the receiver; or
in the absence of an agreement, an amount that is reasonable;
(b) the amount of costs for any storage, maintenance or insurance of the goods incurred by the receiver from:
(i) the giving of a notice under Part 2 of the receiver's intention to dispose of the goods until the disposal of the goods; or
(ii) the making of an application for a Court order under Part 3 until the disposal of the goods.
This Act binds the Crown in right of the Territory and, to the extent the legislative power of the Legislative Assembly permits, the Crown in all its other capacities.
This Act applies to the possession of goods under a bailment regardless of when possession is taken.
This Act does not apply to:
(a) goods over which an accommodation provider has a lien under section 9 of the Accommodation Providers Act 1981;
(b) unsolicited goods to which section 41 of the Australian Consumer Law (NT) applies or goods the subject of a contract with a pawnbroker to which Part 14, Division 3 of the Consumer Affairs and Fair Trading Act 1990 applies;
(c) goods to which section 130B of the Local Court (Criminal Procedure) Act 1928 applies;
(d) goods to which section 166 of the Police Administration Act 1978 applies;
(e) abandoned goods to which section 109 of the Residential Tenancies Act 1999 or section 27 of the Retirement Villages Act 1995 applies;
(f) abandoned vehicles to which the Traffic Act 1987 applies; or
(g) the bailment, possession or custody of goods under another law of the Territory prescribed by the Regulations.
(2) This Act is in addition to and does not limit the disposal of goods that may be disposed of under the Warehousemen's Liens Act 1969.
In this section:
Australian Consumer Law (NT) means the provisions applying as a law of the Territory because of Part 4 of the Consumer Affairs and Fair Trading Act 1990.
The common law relating to the bailment of goods remains in force to the extent to which it is not affected by this Act.
This Act applies to the disposal of uncollected goods if there is no agreement between the provider and the receiver about their disposal.
If there is an agreement about the disposal of uncollected goods, this Act applies only to matters not dealt with by the agreement.
This Act does not affect the right of a provider and receiver to make an agreement about the disposal of uncollected goods.
(1) Subject to subsection (2), a receiver may dispose of uncollected goods under this Part.
A receiver must not dispose of uncollected goods if:
(a) a dispute exists between the provider and receiver regarding the relevant charge; and
an application has been made to the Court under section 22.
(3) However, subsection (2) does not prevent the receiver from giving notice under Division 2 of the receiver's intention to dispose of the uncollected goods.
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