Records held by receiver
28 Records held by receiver
(1) Within 7 days after disposing of uncollected goods under Part 2, the receiver must prepare a record of the following particulars:
a description of the goods;
if the goods were disposed of under Part 2, Division 2:
(i) the date and means of giving notice of intention to dispose of the goods; and
the name and address of any person to whom the notice was given;
if the goods were disposed of under Part 2, Division 3:
the date of the Court order that authorised the disposal; and
(ii) the name and address of any person to whom a copy of an application under section 21 was given;
the date of disposal;
the manner of disposal;
if the goods were sold:
the name and address of the purchaser;
the sale price;
(iii) the amount retained by the receiver to cover the relevant charge payable to the receiver for the goods; and
the amount retained by the receiver to cover the disposal costs;
(g) if the goods were sold by public auction – the name and address of the principal place of business of the auctioneer who sold the goods;
(h) if applicable, the amount of the balance of the proceeds of sale paid to the Accountable Officer and the date of payment.
Maximum penalty: If the offender is a natural person – 100 penalty units.
If the offender is a body corporate – 500 penalty units.
The receiver must:
retain the record for 3 years from the date of disposal; and
make the record available on request by any of the following:
the provider;
the owner;
any other person claiming to have an interest in the goods;
the Commissioner of Police;
(v) an authorized officer within the meaning of the Consumer Affairs and Fair Trading Act 1990;
the Registrar of Motor Vehicles;
the Accountable Officer.
Maximum penalty: If the offender is a natural person – 100 penalty units.
If the offender is a body corporate – 500 penalty units.
This Act’s bill:Second reading speech
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