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This
Act may be cited as the Unclaimed
Goods Act 1987.
In this Act—
bailment includes bailment for reward, bailment in the course of business, gratuitous bailment, involuntary bailment and sub-bailment;
Court means—
in relation to a question affecting unclaimed goods of which the value does not exceed $100 000—the Magistrates Court;
in relation to a question affecting unclaimed goods of which the value exceeds $100 000—the District Court or the Supreme Court;
personal document means—
a birth certificate; or
a passport; or
any other identity document; or
a document containing personal financial information; or
a document containing personal medical information; or
a legal document pertaining to a person (not being a document that is available to the public); or
a licence; or
any other document conferring an authority, right or qualification; or
a personal photograph; or
any other document prescribed by the regulations for the purposes of this paragraph;
PPS
Register means the Personal Properties Securities Register established under the Personal
Property Securities Act 2009 of the Commonwealth;
provider means a person who gives possession of goods under a bailment (whether or not the person is the owner of the goods);
recipient means a person in possession of goods under a bailment;
relevant person, in relation to unclaimed goods, means each of the following:
the provider of the unclaimed goods;
if the recipient knows the identity of an owner of the unclaimed goods—the owner of the unclaimed goods;
scale
1, in relation to the value of unclaimed goods, means—
in the case of unclaimed goods consisting of, or including, a motor vehicle—a value of $1 000 or less; or
in any other case—a value of $200 or less;
scale
2, in relation to the value of unclaimed goods, means—
in the case of unclaimed goods consisting of, or including, a motor vehicle—a value of more than $1 000 but less than $20 000;
or
in any other case—a value of more than $200 but less than $20 000;
scale
3, in relation to the value of unclaimed goods, means a value of
$20 000 or more;
unclaimed goods—see section 5.
For the purposes of this Act, the scale in which the value of unclaimed goods left in the possession of a recipient lie is to be determined by reference to the cumulative value of the goods (and not by reference to the individual value of each good).
This
Act does not apply to the disposal of unclaimed goods to the extent that an agreement or understanding between the provider and the recipient deals with the disposal of the goods, and the provider and the recipient act in accordance with that agreement.
This
Act applies to all goods in the possession of a recipient, including goods in the recipient's possession immediately before the commencement of this Act or any amendment to this Act.
This
Act binds the Crown.
Where a person is in possession of goods belonging to another, those goods are unclaimed goods for the purposes of this Act—
if the recipient received the goods in pursuance of an agreement or understanding under which the provider was to collect the goods at a certain time or within a certain period, and the provider has failed to do so; or
if—
the recipient has the goods in pursuance of an agreement or understanding under which the recipient was to deliver the goods to the provider; and
the recipient, after making reasonable attempts to do so, has not been able to deliver the goods in accordance with the agreement or understanding; or
if there is no agreement or understanding governing the collection or delivery of the goods but—
the recipient has contacted the provider or, if the recipient does not know the contact details of the provider, an owner to request that they collect the goods and they have refused to do so or have, at the expiration of 14 days from the date of the request, not done so; or
the recipient has taken reasonable steps to obtain contact details for the provider or an owner of the goods for the purpose of making a request described in subparagraph (i) but has been unable to do so; or
if the goods are rubbish, perishable or likely to cause a risk to the health or safety of a person.
A request for the purposes of subsection (1)(c)—
must state the address at which the goods are available for collection;
and
must contain a brief description of the goods; and
must state the times at which, or the hours between which, the goods will be available for collection at that address.
A request will not be regarded as having been validly made for the purposes of subsection (1)(c) unless it allows the provider or owner (as the case may require) a reasonable opportunity to collect the goods to which it relates.
Despite any other provision of this Act, if unclaimed goods consist of or include a motor vehicle within the meaning of the Personal
Property Securities Act 2009 of the Commonwealth, the motor vehicle will not vest in the recipient and may not be disposed of by the recipient under this Act unless—
the recipient of the goods has searched the PPS Register for data relating to the motor vehicle; and
the recipient of the goods has given each person with a registered interest in the motor vehicle under the PPS Register a notice that complies with subsection (2);
and
at least—
in the case of a motor vehicle the value of which lies within scale 1—14 days; or
in the case of a motor vehicle the value of which lies within scale 2—28 days; or
in the case of a motor vehicle the value of which lies within scale 3—60 days, has elapsed since each person with a registered interest in the motor vehicle under the PPS Register was given such a notice.
A notice to be given for the purposes of subsection (1)(b) must—
identify the motor vehicle; and
specify that the motor vehicle is unclaimed and liable to vest in, or disposed of by, the recipient in accordance with this Act; and
contain any other prescribed information.
Subject to this Act, a recipient of unclaimed goods (other than personal documents) the value of which lies within scale 1 is vested with a good title to those goods if—
each relevant person has, on or after the day on which the goods became unclaimed goods under this Act, been given notice by the recipient in accordance with subsection (2) allowing the person at least 14 days after the day on which the notice was given (the holding period) to collect the goods; and
no relevant person has collected the goods from the recipient during the holding period.
A notice to be given for the purposes of subsection (1)(a) must—
identify the goods and specify that they are unclaimed; and
specify the holding period that applies to the unclaimed goods; and
notify the person that the goods will vest in the recipient if not collected by the end of the holding period; and
contain any other prescribed information.
The recipient's title is free of—
any mortgage, lien or charge in favour of a relevant person; and
any other mortgage, lien or charge affecting the goods at the time of the vesting of which the recipient was then unaware.
To avoid doubt, section 8 does not apply to the sale of goods if the recipient, after being vested with the title of the unclaimed goods, sells the goods.
For the purposes of subsection (1)(a)—
if the recipient does not know the contact details of a relevant person; and
all reasonable steps taken by the recipient (whether for the purposes of section 5 or this section) to obtain their contact details have failed, the recipient will be taken to have given notice as required by subsection (1)(a) on the day on which the goods became unclaimed goods under this Act.
This section applies to unclaimed goods the value of which lies within scale 2 or 3.
Subject to this Act, a recipient of unclaimed goods to which this section applies may not dispose of the goods unless—
each relevant person has, on or after the day on which the goods became unclaimed goods under this Act, been given notice by the recipient, in accordance with subsection (3), allowing the person at least the holding period to collect the goods; and
no relevant person has collected the goods from the recipient during the holding period.
A notice to be given for the purposes of subsection (2)(a) must—
identify the goods and specify that they are unclaimed; and
specify the holding period that applies to the unclaimed goods; and
notify the person that the goods may be disposed of by the recipient if not collected by the end of the holding period; and
contain any other prescribed information.
The following provisions apply in relation to the disposal of unclaimed goods:
unclaimed goods the value of which lies within scale 2—
may be sold by public auction or private sale for a fair value; and
may only be otherwise disposed of by order of the Court under subsection (5);
unclaimed goods the value of which lies within scale 3 may only be disposed of by order of the Court under subsection (5).
The
Court may, on application by the recipient, order that unclaimed goods be disposed of or make any other order that the Court thinks fit in relation to the goods or payments to be made by any person in respect of the goods.
The
Court may, in making an order under subsection (5), give such directions in relation to the disposal of the goods, or any other dealing with the goods, as it thinks fit.
Notice of an application under subsection (5) must be given to—
subject to any order or direction of the Court, each relevant person; and
if the application relates to unclaimed goods the value of which lies within scale 3—the Commissioner of Police.
For the purposes of subsection (2)(a)—
if the recipient does not know the contact details of a relevant person; and
all reasonable steps taken by the recipient (whether for the purposes of section 5 or this section) to obtain their contact details have failed, the recipient will be taken to have given notice as required by subsection (2)(a) on the day on which the goods became unclaimed goods under this Act.
In this section—
holding period, in relation to unclaimed goods specified in a notice under subsection (2)(a), means—
in the case of unclaimed goods the value of which lies within scale 2—28 days after the day on which the notice was given; or
in the case of unclaimed goods the value of which lies within scale 3—60 days after the day on which the notice was given.
A recipient of unclaimed goods that the recipient knows are personal documents—
must not sell the goods and may only otherwise dispose of the goods in a manner that protects the security of the documents and any personal information contained in the documents; and
must not dispose of the goods unless—
each relevant person has, on or after the day on which the goods became unclaimed goods under this Act, been given notice by the recipient, in accordance with subsection (2), allowing the person at least 28 days after the day on which the notice was given (the holding period) to collect the goods; and
no relevant person has collected the goods from the recipient during the holding period.
A notice to be given for the purposes of subsection (1)(b)(i) must—
identify the goods and specify that they are unclaimed; and
specify the holding period that applies to the unclaimed goods; and
notify the person that the goods will be disposed of by the recipient if not collected by the end of the holding period; and
contain any other prescribed information.
For the purposes of subsection (1)(b)(i)—
if the recipient does not know the contact details of a relevant person; and
all reasonable steps taken by the recipient (whether for the purposes of section 5 or this section) to obtain their contact details have failed, the recipient will be taken to have given notice as required by subsection (1)(b)(i) on the day on which the goods became unclaimed goods under this Act.
A recipient of unclaimed goods that are rubbish may dispose of the goods in any manner on or after the day on which goods become unclaimed goods for the purposes of this Act.
A recipient of unclaimed goods that are perishable or likely to cause a risk to the health or safety of a person may, after providing notice to each relevant person that the recipient intends to dispose of the goods, dispose of the goods in any manner after a reasonable period of time (having regard to the nature and condition of the goods).
For the purposes of subsection (2)—
if the recipient does not know the contact details of a relevant person; and
all reasonable steps taken by the recipient to obtain their contact details have failed, the recipient is not required to give the person notice under that subsection.
A notice under subsection (2) need not be given in accordance with the requirements of section 10A and may be given to the person orally or in writing through any available method of communication.
The
Court may, on application by a recipient, order that unclaimed goods vest in, or may be disposed of by, the recipient without compliance with another provision of this Act if the Court is satisfied that compliance with the provision of this Act would be unreasonable in the circumstances.
Subject to subsection (2), if an owner or a provider of unclaimed goods claims the goods before they are vested in the recipient (under section 6 or by order of the Court) or are disposed of in accordance with another provision of this Act—
the recipient must hand the goods over to the owner or provider (regardless of which of them is making the claim); and
the goods will not vest in the recipient, and may not be disposed of by the recipient, except in the circumstances set out in subsection (3) or in accordance with an order of the Court under subsection (5).
The recipient may, before handing over goods under subsection (1), render a written account to the owner or provider making the claim requiring the owner or provider to pay—
the reasonable costs incurred by the recipient in proceeding under this
Act; and
the reasonable costs incurred by the recipient in storing and maintaining the goods after the date on which the goods became unclaimed goods under this Act; and
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 recipient is not required to hand the goods over to the owner or provider in accordance with subsection (1)(a) unless the amounts payable pursuant to the account have been paid or an order of the Court has been made under subsection (5).
Subject to subsection (6), if, at the expiration of 21 days after the recipient has rendered a written account of the amounts claimed under subsection (2), the owner or provider has not paid those amounts, or has paid those amounts but has failed to collect the goods—
in the case of unclaimed goods the value of which lies within scale 1—the recipient is vested with a good title to those goods; or
in any other case—the recipient may proceed to dispose of the goods.
Subject to any order of the Court under subsection (5), an amount payable pursuant to an account rendered under subsection (2) is recoverable by the recipient—
from the proceeds of sale in accordance with section 8(1); or
as a debt payable by the provider of the goods.
The owner or provider may apply to the Court for review of an account rendered under subsection (2) and the Court may, on the review, disallow the recipient's charges in whole or in part and make any other orders as to the vesting of the goods or their disposal.
If the recipient is given notice of an application under subsection (5) before the goods are disposed of by the recipient, the recipient may not dispose of the goods until the Court has determined the application and made appropriate orders under subsection (5).