Uncollected Goods Act 1995 (NSW)

Uncollected Goods Act 1995 No 68

An Act to provide for the disposal of uncollected goods; and to repeal the Disposal of Uncollected Goods Act 1966.

Part 1 Preliminary

1 Name of Act This Act is the Uncollected Goods Act 1995.

2 Commencement This Act commences on a day to be appointed by proclamation.

3 Definitions In this Act— bailed goods means goods subject to bailment, and includes goods held by the Sheriff following their seizure under a writ of execution. bailment includes bailment for reward, bailment in the course of business, gratuitous bailment, involuntary bailment or any sub-bailment, but does not include anything excluded from this definition by the regulations. depositor means the person who gives possession of goods (whether or not the person is the owner of the goods), and includes a bailor. dispose of includes sell or destroy. goods means all chattels personal, other than things excluded from this definition by the regulations. publicly registered interest, in relation to goods, means— (a) in the case of a motor vehicle or a boat or vessel—a security interest in the motor vehicle or the boat or vessel recorded in the Personal Property Securities Register under the Personal Property Securities Act 2009 of the Commonwealth, or (b) in the case of any other goods—an interest in the goods recorded in a register (whether of the Commonwealth or the State) that is prescribed by the regulations. receiver means the person who takes possession of goods, and includes a bailee. relevant charges—see section 28. Tribunal means the Civil and Administrative Tribunal. uncollected goods means goods that are uncollected as referred to in section 5.

4 (Repealed)

5 When goods uncollected for purposes of Act (1) Bailed goods are uncollected for the purposes of this Act if— (a) the goods are ready for delivery to the depositor in accordance with the terms of the bailment, but the depositor has failed to take delivery of the goods or, if those terms so provide, to give directions as to their delivery, or (b) the receiver is required to give notice to the depositor before the goods are so ready for delivery, but is unable to trace or communicate with the depositor, or (c) the receiver can reasonably expect to be relieved of any duty to safeguard the goods on giving notice to the depositor, but is unable to trace or communicate with the depositor. (2) Goods are also uncollected goods if— (a) a park owner reasonably believes the goods have been abandoned or left by the occupant on the site when an occupation agreement is terminated (within the meaning of the Holiday Parks (Long-term Casual Occupation) Act 2002), or (b) an operator reasonably believes the goods have been abandoned or left behind on residential premises when an agreement is terminated or on common property in the community (within the meaning of the Residential (Land Lease) Communities Act 2013), or (c) a landlord reasonably believes the goods have been abandoned or left behind by the tenant or an occupant of the premises after vacant possession of the premises is obtained or the premises are abandoned (within the meaning of the Residential Tenancies Act 2010), or (d) an operator reasonably believes the goods have been abandoned or left behind on residential premises when a residence contract is terminated or on common property within the retirement village (within the meaning of the Retirement Villages Act 1999), or (e) an owners corporation reasonably believes the goods have been abandoned or left behind on common property of a strata scheme (within the meaning of the Strata Schemes Management Act 2015), or (f) the goods are of a kind prescribed by the regulations.