Proceeds of sale
8 Proceeds of sale
The proceeds of the sale of goods under this Act will be dealt with as follows:
the recipient may retain from those proceeds—
the reasonable costs of the sale and of proceeding under this Act;
the reasonable costs after the date on which the goods became unclaimed under this Act of storing and maintaining the goods prior to sale;
the amount agreed by the provider and recipient (or, in the absence of such an agreement, such amount as is reasonable) as the charges due to the recipient for any inspection, carriage, storage and maintenance of the goods or for any repair or other treatment or work done in connection with the goods; and
the balance will be paid to the Treasurer.
If goods are sold under this Act (whether under an order of the Court or otherwise), the costs and charges of the recipient in relation to the goods (being costs and charges of a kind specified in subsection (1)(a))—
are declared to be statutory interests to which section 73(2) of the Personal
Property Securities Act 2009 of the Commonwealth applies; and
have priority over all security interests in relation to the goods.
A person making a payment to the Treasurer under subsection (1)(b) must provide, in the manner and form approved by the Treasurer, such information as the Treasurer may require in relation to the payment.
Money paid to the Treasurer under subsection (1)(b) must be credited to the Consolidated Account.
If the Treasurer receives money under this section, the person who paid the money is discharged from any further liability in respect of the money.
The
Treasurer may publish information relating to any money paid to the
Treasurer under subsection (1)(b) in such manner as the
Treasurer thinks fit.
In this section—
security interest has the meaning given by section 12 of the Personal
Property Securities Act 2009 of the Commonwealth.
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