Disposal of Uncollected Goods Act 1967 (Qld)

Disposal of Uncollected Goods Act 1967

An Act to authorise the disposal of goods accepted in the course of a business for inspection, custody, storage, repair or other treatment but not re-delivered and for purposes connected therewith

Part 1 Preliminary

1 Short title This Act may be cited as the Disposal of Uncollected Goods Act 1967.

2 [Repealed]

3 Interpretation (1) In this Act— hire-purchase agreement means a hire-purchase agreement within the meaning of the Hire-purchase Act 1959 or the Credit (Rural Finance) Act 1996. Magistrates Court district or district means a district for the purposes of Magistrates Courts appointed under the Justices Act 1886. motor vehicle means a motor car, motor carriage, motor cycle, tractor or other vehicle propelled, or designed to be propelled, wholly or partly by a volatile spirit, steam, gas, oil or electricity or by any means other than human or animal power. (2) For the purposes of this Act goods shall be deemed to be ready for re-delivery— (a) in relation to goods accepted for inspection—when the inspection has been carried out; and (b) in relation to goods accepted for custody—when the period of arranged custody has expired or, where there is no period of arranged custody, upon the expiration of 7 days from such acceptance; and (c) in relation to goods accepted for storage—when the period of arranged storage has expired or, where there is no period of arranged storage, upon the expiration of 7 days from such acceptance; and (d) in relation to goods accepted for repair or other treatment—when the repair or other treatment has been carried out. (2A) The terms inspection, custody, storage, repair or other treatment shall include, where applicable, the transport or towing of any goods to the premises used or appropriated by the bailee for acceptance for any such inspection, custody, storage, repair or other treatment as the case may be. (2B) The term inspection shall include, where applicable, the acceptance of goods for the purpose of submitting a quotation of the charges of the bailee for the repair or other treatment of such goods. (3) References in this Act to goods accepted by a bailee, in the course of a business, for inspection, custody, storage, repair or other treatment shall, in relation to goods of any class, be construed as references to goods of that class accepted by the bailee for inspection, custody, storage, repair or other treatment in the course of a business consisting of or comprising the acceptance by the bailee of goods of that class for inspection, custody, storage, repair or other treatment (whether or not the inspection, custody, storage, repair or other treatment is effected by the bailee) wholly or mainly from persons who deliver to the bailee, otherwise than in the course of a business, goods of that class for inspection, custody, storage, repair or other treatment. (4) References in this Act to the charges of the bailee in relation to any goods shall— (a) where an order authorising the sale of the goods is obtained under part 3—be construed as a reference to the amount specified in the order authorising the sale in accordance with section 11(3)(a) and, in addition thereto, the amount (if any) specified in section 11(3)(b) and, in a case where the goods have been sold by virtue of the order, the subsidiary charges which the person authorised to sell the goods is entitled to make under subsection (5); (b) in any case not provided for in paragraph (a) and subject to the provisions of section 7(3) and to the provisions of any agreement between the bailor and the bailee, be construed as references to the amount agreed between them as the charge for the inspection, custody, storage, repair or other treatment of the goods or, if no amount has been so agreed, a reasonable charge therefor and, in a case where the goods have been sold the following additional amounts— (i) a reasonable charge for storing the goods during the period beginning with the date of the giving of the notice that the goods are ready for re-delivery or, where there has been a dispute between the bailor and the bailee, the date on which the dispute was determined, and ending with the date of the sale; (ii) any costs of or in connection with the sale; (iii) the cost (if any) of insuring the goods. (5) Where the goods are sold by virtue of an order under part 3 authorising the sale of the goods, the subsidiary charges which a person authorised to sell the goods is entitled to make are— (a) a reasonable charge for storing the goods during the period beginning with the date of the order authorising the sale of the goods and ending with the date of the sale, not exceeding a charge at a rate (if any) specified in the order in accordance with section 11(3)(c) of this Act; and (b) any costs of or in connection with the sale not exceeding the costs (if any) specified in the order, in accordance with section 11(3)(c); and (c) the costs (if any) of insuring the goods.