Uncollected Goods Act 2004

(1) If uncollected goods are sold under Part 2, the receiver is entitled to retain the relevant charge payable to the receiver for the goods and the disposal costs.

(2) If the proceeds of the sale are insufficient to pay the relevant charge and disposal costs, the receiver may recover the deficiency from the provider as a debt in any court of competent jurisdiction.

(3) If the proceeds of sale are more than sufficient to pay the relevant charge and disposal costs, the receiver must within 28 days after the sale of uncollected goods:

(a) pay the balance to the Accountable Officer for payment into the Accountable Officer's Trust Account; and

(b) give the Accountable Officer a copy of the records required under section 28(1).

Maximum penalty: If the offender is a natural person – 100 penalty units or imprisonment for 6 months.

If the offender is a body corporate – 500 penalty units.

(4) If satisfied a person had an interest in the goods before the sale, the Accountable Officer must pay to that person out of the Trust Account:

(b) if the person's interests in the goods expressed as a monetary amount exceeds the balance of the proceeds of sale – the balance of the proceeds of sale.

(5) A person claiming an interest in goods under subsection (4) must apply to the Accountable Officer within 3 years after the sale.

(6) The Accountable Officer is not liable to make any further payment for goods if the balance of the proceeds of sale of the goods has been paid under subsection (4)(b).

(7) Subsection (6) does not prevent a person making a claim against the person to whom the Accountable Officer has paid the balance of the proceeds of sale.

(8) A person must not give to the Accountable Officer a document for the purposes of subsection (4) that to the person's knowledge is false or misleading in a material particular.

Maximum penalty: If the offender is a natural person – 100 penalty units or imprisonment for 6 months.

If the offender is a body corporate – 500 penalty units.

(9) Proceeds from the sale of goods that have remained unclaimed for 3 years must be paid into the Central Holding Authority.