{"id":"qld:act-1967-056","name":"Disposal of Uncollected Goods Act 1967","slug":"disposal-of-uncollected-goods-act-1967","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"56 of 1967","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105597,"registerId":"qld-act-1967-056-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Disposal of Uncollected Goods Act 1967 .\ns 1 amd 28 November 1995 see RA s 37","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Division of Act into parts","content":"### sec.2 Division of Act into parts\n\ns 2 om 28 November 1995 see RA s 36","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Interpretation","content":"### sec.3 Interpretation\n\nIn this Act—\nhire-purchase agreement means a hire-purchase agreement within the meaning of the Hire-purchase Act 1959 or the Credit (Rural Finance) Act 1996 .\ns 3 def hire-purchase agreement amd 2002 No. 52 s 19 sch\nMagistrates Court ...\ns 3 def Magistrates Court om 1995 No. 58 s 4 sch 1\nMagistrates Court district or district means a district for the purposes of Magistrates Courts appointed under the Justices Act 1886 .\ns 3 def Magistrates Court district or district amd 28 November 1995 see RA s 39\nmotor 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.\nFor the purposes of this Act goods shall be deemed to be ready for re-delivery—\nin relation to goods accepted for inspection—when the inspection has been carried out; and\nin 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\nin 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\nin relation to goods accepted for repair or other treatment—when the repair or other treatment has been carried out.\nThe 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.\nThe 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.\nReferences 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.\nReferences in this Act to the charges of the bailee in relation to any goods shall—\nwhere 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) ;\nin 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—\na 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;\nany costs of or in connection with the sale;\nthe cost (if any) of insuring the goods.\nWhere 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—\na 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\nany 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\nthe costs (if any) of insuring the goods.\n(sec.3-ssec.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 . s 3 def hire-purchase agreement amd 2002 No. 52 s 19 sch Magistrates Court ... s 3 def Magistrates Court om 1995 No. 58 s 4 sch 1 Magistrates Court district or district means a district for the purposes of Magistrates Courts appointed under the Justices Act 1886 . s 3 def Magistrates Court district or district amd 28 November 1995 see RA s 39 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.\n(sec.3-ssec.2) For the purposes of this Act goods shall be deemed to be ready for re-delivery— in relation to goods accepted for inspection—when the inspection has been carried out; and 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 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 in relation to goods accepted for repair or other treatment—when the repair or other treatment has been carried out.\n(sec.3-ssec.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.\n(sec.3-ssec.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.\n(sec.3-ssec.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.\n(sec.3-ssec.4) References in this Act to the charges of the bailee in relation to any goods shall— 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) ; 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— 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; any costs of or in connection with the sale; the cost (if any) of insuring the goods.\n(sec.3-ssec.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 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 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 the costs (if any) of insuring the goods.\n- (a) in relation to goods accepted for inspection—when the inspection has been carried out; and\n- (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\n- (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\n- (d) in relation to goods accepted for repair or other treatment—when the repair or other treatment has been carried out.\n- (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) ;\n- (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.\n- (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;\n- (ii) any costs of or in connection with the sale;\n- (iii) the cost (if any) of insuring the goods.\n- (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;\n- (ii) any costs of or in connection with the sale;\n- (iii) the cost (if any) of insuring the goods.\n- (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\n- (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\n- (c) the costs (if any) of insuring the goods.","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":"Application of Act","content":"### sec.4 Application of Act\n\nThis Act shall apply in relation to the bailment of any goods accepted, whether before or after the commencement of this Act, by the bailee, in the course of a business for inspection, custody, storage, repair or other treatment on the terms (express or implied) that they will be re-delivered to the bailor or in accordance with the bailor’s directions when such goods are ready for re-delivery and on payment to the bailee of such charges as may be agreed between the parties or as may be reasonable.\nThis Act shall not apply to or with respect to a bailment of goods (other than motor vehicles) with a storer within the meaning of the Storage Liens Act 1973 , section 2 for storage unless the bailment is in addition to storage of the goods for some other treatment of, or in respect of, the goods of a kind or nature referred to in subsection (1) other than a kind or nature lawful charges or claims for which are covered, pursuant to the Storage Liens Act 1973 , section 4 , by the lien conferred by that Act on the storer in respect of the bailment.\ns 4 amd 1973 No. 18 s 21 (1)\n(sec.4-ssec.1) This Act shall apply in relation to the bailment of any goods accepted, whether before or after the commencement of this Act, by the bailee, in the course of a business for inspection, custody, storage, repair or other treatment on the terms (express or implied) that they will be re-delivered to the bailor or in accordance with the bailor’s directions when such goods are ready for re-delivery and on payment to the bailee of such charges as may be agreed between the parties or as may be reasonable.\n(sec.4-ssec.2) This Act shall not apply to or with respect to a bailment of goods (other than motor vehicles) with a storer within the meaning of the Storage Liens Act 1973 , section 2 for storage unless the bailment is in addition to storage of the goods for some other treatment of, or in respect of, the goods of a kind or nature referred to in subsection (1) other than a kind or nature lawful charges or claims for which are covered, pursuant to the Storage Liens Act 1973 , section 4 , by the lien conferred by that Act on the storer in respect of the bailment.","sortOrder":4},{"sectionNumber":"sec.4A","sectionType":"section","heading":"Bailee’s charges in relation to goods","content":"### sec.4A Bailee’s charges in relation to goods\n\nIf goods are sold under this Act, whether under an order under part 3 or otherwise, the charges of the bailee in relation to the goods—\nare declared to be statutory interests to which section 73 (2) of the Personal Property Securities Act 2009 (Cwlth) applies; and\nhave priority over all security interests in relation to the goods.\nIn this section—\nsecurity interest has the meaning given by the Personal Property Securities Act 2009 (Cwlth) , section 12 .\ns 4A ins 2010 No. 44 s 100\n(sec.4A-ssec.1) If goods are sold under this Act, whether under an order under part 3 or otherwise, the charges of the bailee in relation to the goods— are declared to be statutory interests to which section 73 (2) of the Personal Property Securities Act 2009 (Cwlth) applies; and have priority over all security interests in relation to the goods.\n(sec.4A-ssec.2) In this section—\n(sec.4A-ssec) security interest has the meaning given by the Personal Property Securities Act 2009 (Cwlth) , section 12 .\n- (a) are declared to be statutory interests to which section 73 (2) of the Personal Property Securities Act 2009 (Cwlth) applies; and\n- (b) have priority over all security interests in relation to the goods.","sortOrder":5},{"sectionNumber":"pt.2","sectionType":"part","heading":"Disposal of uncollected goods","content":"# Disposal of uncollected goods","sortOrder":6},{"sectionNumber":"sec.5","sectionType":"section","heading":"Rights of bailees to sell goods accepted for treatment but not re-delivered","content":"### sec.5 Rights of bailees to sell goods accepted for treatment but not re-delivered\n\nWhere goods, accepted pursuant to a bailment in relation to which this Act applies, are ready for re-delivery but the bailor—\nfails to pay or tender to the bailee the bailor’s charges in relation to the goods; or\nhaving paid those charges, fails to take delivery of the goods or, if the terms of the bailment so provide, to give directions as to their delivery;\nthen, subject to any agreement between the bailee and the bailor and to this Act, and if the bailee did not, before carrying out the inspection, custody, storage, repair or other treatment of the goods, have notice that the goods were comprised in a hire-purchase agreement containing a provision prohibiting the creation by the hirer of a lien on the goods, the bailee is, while the failure continues, entitled to sell the goods.\ns 5 amd 1995 No. 58 s 4 sch 1\n- (a) fails to pay or tender to the bailee the bailor’s charges in relation to the goods; or\n- (b) having paid those charges, fails to take delivery of the goods or, if the terms of the bailment so provide, to give directions as to their delivery;","sortOrder":7},{"sectionNumber":"sec.6","sectionType":"section","heading":"Bailee to comply with certain provisions to be entitled to sell goods","content":"### sec.6 Bailee to comply with certain provisions to be entitled to sell goods\n\nThe bailee shall not be entitled by virtue of section 5 to sell goods accepted by the bailee for inspection, custody, storage, repair or other treatment unless the following provisions are complied with—\nwhere the goods are accepted for inspection, custody, storage, repair or other treatment after the commencement of this Act—at all premises used or appropriated by the bailee for accepting for inspection, custody, storage, repair or other treatment goods of the class to which the goods accepted belong, there is, at the time of the acceptance (whether or not goods are accepted at any such premises), conspicuously displayed in the part of the premises so used or appropriated a notice indicating that the acceptance by the bailee of goods of that class for inspection, custody, storage, repair or other treatment is subject to this Act, and that this Act confers on the bailee a right of sale exercisable in certain circumstances after an interval not less than 6 months from the date on which the goods are ready for re-delivery;\nafter the goods are ready for re-delivery, or after the commencement of this Act, whichever is the later, the bailee gives to the bailor a notice that the goods are ready for re-delivery, being a notice complying with the requirements relating to such a notice of subsection (2) and gives such a notice to every other person who, at the time the bailee gives the notice to the bailor, the bailee actually knows has or claims an interest in the goods;\nwhere at the date of the giving to the bailor of the notice under paragraph (b) that the goods are ready for re-delivery or, if more than 1 notice was given, at the date of the giving of the first of the notices, the amount which the bailee claims to be due to the bailee by way of the bailee’s charges in relation to the goods exceeds the sum of $110, the bailee obtains an order under part 3 authorising the bailee to sell the goods;\nsave where an order under part 3 authorising the bailee to sell the goods is obtained—after the expiration of the period of 6 months beginning with the date of the giving of the notice that the goods are ready for re-delivery or, if more than 1 notice was given, beginning with the date of the giving of the later or latest of the notices, and not less than 28 days before the sale of the goods, the bailee—\ngives to the bailor a notice of the bailee’s intention to sell the goods, being a notice complying with the requirements relating to such a notice of subsection (2) ; and\ngives such a notice to every person who, at the time the bailee gives the notice to the bailor, the bailee actually knows has or claims an interest in the goods; and\ncauses such a notice to be published—\nin a newspaper published in Brisbane and circulating throughout the State; and\nin a newspaper (if any) published in the district in which are situated the premises where the goods were accepted for inspection, custody, storage, repair or other treatment; and\nwhere the goods are a motor vehicle—in the gazette;\nthe goods are sold by public auction in a lot in which no other goods are included.\nA notice required or authorised by this section or by section 7 to be given by the bailee to the bailor must contain a sufficient description of the goods to which the notice relates or, where the goods are a motor vehicle, the particulars of that vehicle referred to in section 19 (1) and (1A) and a statement of the sum which the bailee claims to be due to the bailee by way of the bailee’s charges in relation to the goods, together with—\nin the case of a notice that the goods are ready for re-delivery or a notice to treat the dispute as determined—a statement that if the bailor fails within the period of 6 months beginning with the date of the giving of the notice to pay the said sum or, having paid the said sum, to take delivery of the goods or give directions as to their delivery, they are liable to be sold in accordance with this Act; and\nin the case of a notice of the bailee’s intention to sell the goods—a statement of the date of the giving of the notice to the bailor 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 a statement that if the bailor fails, within the period of 28 days beginning with the date of the giving of the notice of the bailee’s intention to sell the goods, to pay the said sum or, having paid the said sum, to take delivery of the goods or give directions as to their delivery they are liable to be sold in accordance with the provisions of this Act.\ns 6 amd 1995 No. 58 s 4 sch 1 ; 2000 No. 20 s 29 sch 3 ; 2000 No. 46 s 3 sch\n(sec.6-ssec.1) The bailee shall not be entitled by virtue of section 5 to sell goods accepted by the bailee for inspection, custody, storage, repair or other treatment unless the following provisions are complied with— where the goods are accepted for inspection, custody, storage, repair or other treatment after the commencement of this Act—at all premises used or appropriated by the bailee for accepting for inspection, custody, storage, repair or other treatment goods of the class to which the goods accepted belong, there is, at the time of the acceptance (whether or not goods are accepted at any such premises), conspicuously displayed in the part of the premises so used or appropriated a notice indicating that the acceptance by the bailee of goods of that class for inspection, custody, storage, repair or other treatment is subject to this Act, and that this Act confers on the bailee a right of sale exercisable in certain circumstances after an interval not less than 6 months from the date on which the goods are ready for re-delivery; after the goods are ready for re-delivery, or after the commencement of this Act, whichever is the later, the bailee gives to the bailor a notice that the goods are ready for re-delivery, being a notice complying with the requirements relating to such a notice of subsection (2) and gives such a notice to every other person who, at the time the bailee gives the notice to the bailor, the bailee actually knows has or claims an interest in the goods; where at the date of the giving to the bailor of the notice under paragraph (b) that the goods are ready for re-delivery or, if more than 1 notice was given, at the date of the giving of the first of the notices, the amount which the bailee claims to be due to the bailee by way of the bailee’s charges in relation to the goods exceeds the sum of $110, the bailee obtains an order under part 3 authorising the bailee to sell the goods; save where an order under part 3 authorising the bailee to sell the goods is obtained—after the expiration of the period of 6 months beginning with the date of the giving of the notice that the goods are ready for re-delivery or, if more than 1 notice was given, beginning with the date of the giving of the later or latest of the notices, and not less than 28 days before the sale of the goods, the bailee— gives to the bailor a notice of the bailee’s intention to sell the goods, being a notice complying with the requirements relating to such a notice of subsection (2) ; and gives such a notice to every person who, at the time the bailee gives the notice to the bailor, the bailee actually knows has or claims an interest in the goods; and causes such a notice to be published— in a newspaper published in Brisbane and circulating throughout the State; and in a newspaper (if any) published in the district in which are situated the premises where the goods were accepted for inspection, custody, storage, repair or other treatment; and where the goods are a motor vehicle—in the gazette; the goods are sold by public auction in a lot in which no other goods are included.\n(sec.6-ssec.2) A notice required or authorised by this section or by section 7 to be given by the bailee to the bailor must contain a sufficient description of the goods to which the notice relates or, where the goods are a motor vehicle, the particulars of that vehicle referred to in section 19 (1) and (1A) and a statement of the sum which the bailee claims to be due to the bailee by way of the bailee’s charges in relation to the goods, together with— in the case of a notice that the goods are ready for re-delivery or a notice to treat the dispute as determined—a statement that if the bailor fails within the period of 6 months beginning with the date of the giving of the notice to pay the said sum or, having paid the said sum, to take delivery of the goods or give directions as to their delivery, they are liable to be sold in accordance with this Act; and in the case of a notice of the bailee’s intention to sell the goods—a statement of the date of the giving of the notice to the bailor 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 a statement that if the bailor fails, within the period of 28 days beginning with the date of the giving of the notice of the bailee’s intention to sell the goods, to pay the said sum or, having paid the said sum, to take delivery of the goods or give directions as to their delivery they are liable to be sold in accordance with the provisions of this Act.\n- (a) where the goods are accepted for inspection, custody, storage, repair or other treatment after the commencement of this Act—at all premises used or appropriated by the bailee for accepting for inspection, custody, storage, repair or other treatment goods of the class to which the goods accepted belong, there is, at the time of the acceptance (whether or not goods are accepted at any such premises), conspicuously displayed in the part of the premises so used or appropriated a notice indicating that the acceptance by the bailee of goods of that class for inspection, custody, storage, repair or other treatment is subject to this Act, and that this Act confers on the bailee a right of sale exercisable in certain circumstances after an interval not less than 6 months from the date on which the goods are ready for re-delivery;\n- (b) after the goods are ready for re-delivery, or after the commencement of this Act, whichever is the later, the bailee gives to the bailor a notice that the goods are ready for re-delivery, being a notice complying with the requirements relating to such a notice of subsection (2) and gives such a notice to every other person who, at the time the bailee gives the notice to the bailor, the bailee actually knows has or claims an interest in the goods;\n- (c) where at the date of the giving to the bailor of the notice under paragraph (b) that the goods are ready for re-delivery or, if more than 1 notice was given, at the date of the giving of the first of the notices, the amount which the bailee claims to be due to the bailee by way of the bailee’s charges in relation to the goods exceeds the sum of $110, the bailee obtains an order under part 3 authorising the bailee to sell the goods;\n- (d) save where an order under part 3 authorising the bailee to sell the goods is obtained—after the expiration of the period of 6 months beginning with the date of the giving of the notice that the goods are ready for re-delivery or, if more than 1 notice was given, beginning with the date of the giving of the later or latest of the notices, and not less than 28 days before the sale of the goods, the bailee— (i) gives to the bailor a notice of the bailee’s intention to sell the goods, being a notice complying with the requirements relating to such a notice of subsection (2) ; and (ii) gives such a notice to every person who, at the time the bailee gives the notice to the bailor, the bailee actually knows has or claims an interest in the goods; and (iii) causes such a notice to be published— (a) in a newspaper published in Brisbane and circulating throughout the State; and (b) in a newspaper (if any) published in the district in which are situated the premises where the goods were accepted for inspection, custody, storage, repair or other treatment; and (c) where the goods are a motor vehicle—in the gazette;\n- (i) gives to the bailor a notice of the bailee’s intention to sell the goods, being a notice complying with the requirements relating to such a notice of subsection (2) ; and\n- (ii) gives such a notice to every person who, at the time the bailee gives the notice to the bailor, the bailee actually knows has or claims an interest in the goods; and\n- (iii) causes such a notice to be published— (a) in a newspaper published in Brisbane and circulating throughout the State; and (b) in a newspaper (if any) published in the district in which are situated the premises where the goods were accepted for inspection, custody, storage, repair or other treatment; and (c) where the goods are a motor vehicle—in the gazette;\n- (a) in a newspaper published in Brisbane and circulating throughout the State; and\n- (b) in a newspaper (if any) published in the district in which are situated the premises where the goods were accepted for inspection, custody, storage, repair or other treatment; and\n- (c) where the goods are a motor vehicle—in the gazette;\n- (e) the goods are sold by public auction in a lot in which no other goods are included.\n- (i) gives to the bailor a notice of the bailee’s intention to sell the goods, being a notice complying with the requirements relating to such a notice of subsection (2) ; and\n- (ii) gives such a notice to every person who, at the time the bailee gives the notice to the bailor, the bailee actually knows has or claims an interest in the goods; and\n- (iii) causes such a notice to be published— (a) in a newspaper published in Brisbane and circulating throughout the State; and (b) in a newspaper (if any) published in the district in which are situated the premises where the goods were accepted for inspection, custody, storage, repair or other treatment; and (c) where the goods are a motor vehicle—in the gazette;\n- (a) in a newspaper published in Brisbane and circulating throughout the State; and\n- (b) in a newspaper (if any) published in the district in which are situated the premises where the goods were accepted for inspection, custody, storage, repair or other treatment; and\n- (c) where the goods are a motor vehicle—in the gazette;\n- (a) in a newspaper published in Brisbane and circulating throughout the State; and\n- (b) in a newspaper (if any) published in the district in which are situated the premises where the goods were accepted for inspection, custody, storage, repair or other treatment; and\n- (c) where the goods are a motor vehicle—in the gazette;\n- (a) in the case of a notice that the goods are ready for re-delivery or a notice to treat the dispute as determined—a statement that if the bailor fails within the period of 6 months beginning with the date of the giving of the notice to pay the said sum or, having paid the said sum, to take delivery of the goods or give directions as to their delivery, they are liable to be sold in accordance with this Act; and\n- (b) in the case of a notice of the bailee’s intention to sell the goods—a statement of the date of the giving of the notice to the bailor 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 a statement that if the bailor fails, within the period of 28 days beginning with the date of the giving of the notice of the bailee’s intention to sell the goods, to pay the said sum or, having paid the said sum, to take delivery of the goods or give directions as to their delivery they are liable to be sold in accordance with the provisions of this Act.","sortOrder":8},{"sectionNumber":"sec.7","sectionType":"section","heading":"Bailee’s rights to sell goods suspended upon dispute arising as to charges etc.","content":"### sec.7 Bailee’s rights to sell goods suspended upon dispute arising as to charges etc.\n\nWhere, at any time before the giving to the bailor of the notice of the bailee’s intention to sell the goods or before the giving to the bailor of the notice of the bailee’s intention to apply to the court under part 3 for an order authorising the bailee to sell the goods, a dispute arises between the bailor and the bailee by reason of the bailor’s refusal to pay the sum which the bailee claims to be due to the bailee by way of the bailee’s charges in relation to the goods, or to take delivery thereof or give directions as to their delivery, on the ground that the charges are excessive or that the bailor is not satisfied that the inspection, custody, storage, repair or other treatment of the goods has been properly carried out, the bailee’s right to sell the goods shall be suspended until the dispute is determined.\nWithout prejudice to any other mode of determining a dispute, it shall be treated for the purposes of this Act as having been determined if the bailee, at any time after the dispute has arisen, gives to the bailor a notice (a notice to treat the dispute as determined )—\nstating that unless, within the period of 1 month beginning with the date of the giving of the notice, the bailor objects thereto, the dispute will be treated for the purposes of this Act as having been determined; and\nin other respects complying with the requirements relating to such a notice of section 6 (2) ;\nand within the said period of 1 month the bailor does not notify the bailee that the bailor objects to the notice.\nWhere the dispute is so treated as having been determined, the date on which it shall be so treated as having been determined shall be the date of the giving of the notice.\nIf the bailor so notifies the bailee that the bailor objects to the notice to treat the dispute as determined, a Magistrates Court held in the district in which are situated the premises where the goods were accepted by the bailee may, on the application of the bailor or bailee—\nmake an order specifying the amount which the court deems reasonable in respect of the bailee’s charges, and upon the making of such an order—\nthe dispute shall be treated for the purposes of this Act as having been determined on the date of the order; and\nthe amount specified in the order shall for all purposes be the amount of the bailor’s liability to the bailee for the bailee’s charges; and\nwhere the bailor has paid to the bailee an amount in respect of the bailee’s charges that is in excess of the amount so specified—the bailor shall be entitled to recover that excess as a debt in any court of competent jurisdiction; or\nrefuse to make such an order.\nThe jurisdiction conferred on a Magistrates Court by subsection (3) shall not be exercised except by a Magistrates Court constituted by a stipendiary magistrate sitting alone.\nWhere a dispute in relation to any goods is determined (whether by virtue of subsection (2) or (3) or otherwise) section 6 (1) shall have effect in relation to those goods as if paragraph (b) were omitted and as if for the reference in paragraph (d) to the date of the giving of the notice that the goods are ready for re-delivery there were substituted a reference to the date on which the dispute is determined.\n(sec.7-ssec.1) Where, at any time before the giving to the bailor of the notice of the bailee’s intention to sell the goods or before the giving to the bailor of the notice of the bailee’s intention to apply to the court under part 3 for an order authorising the bailee to sell the goods, a dispute arises between the bailor and the bailee by reason of the bailor’s refusal to pay the sum which the bailee claims to be due to the bailee by way of the bailee’s charges in relation to the goods, or to take delivery thereof or give directions as to their delivery, on the ground that the charges are excessive or that the bailor is not satisfied that the inspection, custody, storage, repair or other treatment of the goods has been properly carried out, the bailee’s right to sell the goods shall be suspended until the dispute is determined.\n(sec.7-ssec.2) Without prejudice to any other mode of determining a dispute, it shall be treated for the purposes of this Act as having been determined if the bailee, at any time after the dispute has arisen, gives to the bailor a notice (a notice to treat the dispute as determined )— stating that unless, within the period of 1 month beginning with the date of the giving of the notice, the bailor objects thereto, the dispute will be treated for the purposes of this Act as having been determined; and in other respects complying with the requirements relating to such a notice of section 6 (2) ; and within the said period of 1 month the bailor does not notify the bailee that the bailor objects to the notice.\n(sec.7-ssec.2A) Where the dispute is so treated as having been determined, the date on which it shall be so treated as having been determined shall be the date of the giving of the notice.\n(sec.7-ssec.3) If the bailor so notifies the bailee that the bailor objects to the notice to treat the dispute as determined, a Magistrates Court held in the district in which are situated the premises where the goods were accepted by the bailee may, on the application of the bailor or bailee— make an order specifying the amount which the court deems reasonable in respect of the bailee’s charges, and upon the making of such an order— the dispute shall be treated for the purposes of this Act as having been determined on the date of the order; and the amount specified in the order shall for all purposes be the amount of the bailor’s liability to the bailee for the bailee’s charges; and where the bailor has paid to the bailee an amount in respect of the bailee’s charges that is in excess of the amount so specified—the bailor shall be entitled to recover that excess as a debt in any court of competent jurisdiction; or refuse to make such an order.\n(sec.7-ssec.4) The jurisdiction conferred on a Magistrates Court by subsection (3) shall not be exercised except by a Magistrates Court constituted by a stipendiary magistrate sitting alone.\n(sec.7-ssec.5) Where a dispute in relation to any goods is determined (whether by virtue of subsection (2) or (3) or otherwise) section 6 (1) shall have effect in relation to those goods as if paragraph (b) were omitted and as if for the reference in paragraph (d) to the date of the giving of the notice that the goods are ready for re-delivery there were substituted a reference to the date on which the dispute is determined.\n- (a) stating that unless, within the period of 1 month beginning with the date of the giving of the notice, the bailor objects thereto, the dispute will be treated for the purposes of this Act as having been determined; and\n- (b) in other respects complying with the requirements relating to such a notice of section 6 (2) ;\n- (a) make an order specifying the amount which the court deems reasonable in respect of the bailee’s charges, and upon the making of such an order— (i) the dispute shall be treated for the purposes of this Act as having been determined on the date of the order; and (ii) the amount specified in the order shall for all purposes be the amount of the bailor’s liability to the bailee for the bailee’s charges; and (iii) where the bailor has paid to the bailee an amount in respect of the bailee’s charges that is in excess of the amount so specified—the bailor shall be entitled to recover that excess as a debt in any court of competent jurisdiction; or\n- (i) the dispute shall be treated for the purposes of this Act as having been determined on the date of the order; and\n- (ii) the amount specified in the order shall for all purposes be the amount of the bailor’s liability to the bailee for the bailee’s charges; and\n- (iii) where the bailor has paid to the bailee an amount in respect of the bailee’s charges that is in excess of the amount so specified—the bailor shall be entitled to recover that excess as a debt in any court of competent jurisdiction; or\n- (b) refuse to make such an order.\n- (i) the dispute shall be treated for the purposes of this Act as having been determined on the date of the order; and\n- (ii) the amount specified in the order shall for all purposes be the amount of the bailor’s liability to the bailee for the bailee’s charges; and\n- (iii) where the bailor has paid to the bailee an amount in respect of the bailee’s charges that is in excess of the amount so specified—the bailor shall be entitled to recover that excess as a debt in any court of competent jurisdiction; or","sortOrder":9},{"sectionNumber":"sec.8","sectionType":"section","heading":"Special provisions applicable to certain cases of goods accepted before the commencement of this Act","content":"### sec.8 Special provisions applicable to certain cases of goods accepted before the commencement of this Act\n\nWhere the bailee of the goods accepted before the commencement of this Act for inspection, custody, storage, repair or other treatment does not at the commencement of this Act know any address of the bailor, the bailee shall not be disentitled to sell the goods by reason only that section 6 (1) (b) and (d) are not complied with, if the following conditions are complied with—\nwithin the period of 1 month beginning with the commencement of this Act, the bailee causes to be published—\nin a newspaper published in Brisbane and circulating throughout the State; and\nin a newspaper (if any) published in the district in which are situated the premises where the goods were accepted for inspection, custody, storage, repair or other treatment; and\nwhere the goods are a motor vehicle—in the gazette;\na notice complying with the requirements of subsection (3) ;\nat all premises used or appropriated by the bailee after the commencement of this Act for accepting for inspection, custody, storage, repair or other treatment, goods of the class to which the goods so accepted belong, there is, throughout the period of 6 months immediately following the said period of 1 month or throughout that portion of the said period of 6 months during which the premises are so used or appropriated, conspicuously displayed in the part of the premises so used or appropriated a notice indicating that in the case of goods of that class accepted before the commencement of this Act for inspection, custody, storage, repair or other treatment this Act confers on the bailee a right of sale exercisable in certain circumstances after an interval of not less than 7 months from the commencement of this Act;\nthe goods are not sold before the expiration of the period of 7 months beginning with the commencement of this Act.\nWhere goods are sold by virtue of the fact that subsection (1) has been complied with, this Act shall have effect in relation to the goods subject to the following modifications—\nfor any reference in section 9 (3) to a copy of the notice of the bailee’s intention to sell the goods there shall be substituted a reference to a statement—\nof the name and issue of the newspaper in which the notice under subsection (1) (a) (i) was published; and\nof the name and issue of the newspaper in which the notice (if any) under subsection (1) (a) (ii) was published; and\nwhere the notice was also published in the gazette—of the date and number of that gazette;\nfor the reference in section 3 (4) (b) (i) to the giving of the notice that the goods are ready for re-delivery, there shall be substituted a reference to the publication of the notice under subsection (1) (a) or where more than 1 such notice is published the first of such notices.\nA notice under subsection (1) (a) in relation to any goods must contain—\na sufficient description of the class to which the goods belong or, where the goods are a motor vehicle—the particulars of that vehicle referred to in section 19 (1) and (1A) ; and\nthe name under which the bailee carries on the business consisting of or comprising acceptance of goods of that class for inspection, custody, storage, repair or other treatment and the address of the bailee’s principal place of business or, where the bailee is a company, the registered office of the company, and if the name or the address has changed during the 6 months immediately preceding the date of the publication of the notice, the last such name, or, as the case may be, the last such address preceding the change thereof; and\na statement that if the bailor of the goods fails within the period of 7 months beginning with the commencement of this Act to pay the sum which the bailee claims to be due to the bailee by way of the bailee’s charges in relation to the goods or, having paid that sum, to take delivery of the goods or give directions as to their delivery they are liable to be sold under this Act.\nWhere the bailee of goods accepted before the commencement of this Act for inspection, custody, storage, repair or other treatment does not at the commencement of this Act know any address of the bailor and at any time during the period of 7 months beginning with the commencement of this Act a dispute arises between the bailor and the bailee by reason of either or both of the grounds mentioned in section 7 (1) , subsections (1) to (3) shall not apply in relation to the goods, but sections 1 to 7 shall apply in relation thereto as they apply in a case where a dispute arises between the bailor and the bailee before the giving of the notice of the bailee’s intention to sell the goods or to make an application for an order under part 3 to sell the goods.\ns 8 amd 1995 No. 58 s 4 sch 1\n(sec.8-ssec.1) Where the bailee of the goods accepted before the commencement of this Act for inspection, custody, storage, repair or other treatment does not at the commencement of this Act know any address of the bailor, the bailee shall not be disentitled to sell the goods by reason only that section 6 (1) (b) and (d) are not complied with, if the following conditions are complied with— within the period of 1 month beginning with the commencement of this Act, the bailee causes to be published— in a newspaper published in Brisbane and circulating throughout the State; and in a newspaper (if any) published in the district in which are situated the premises where the goods were accepted for inspection, custody, storage, repair or other treatment; and where the goods are a motor vehicle—in the gazette; a notice complying with the requirements of subsection (3) ; at all premises used or appropriated by the bailee after the commencement of this Act for accepting for inspection, custody, storage, repair or other treatment, goods of the class to which the goods so accepted belong, there is, throughout the period of 6 months immediately following the said period of 1 month or throughout that portion of the said period of 6 months during which the premises are so used or appropriated, conspicuously displayed in the part of the premises so used or appropriated a notice indicating that in the case of goods of that class accepted before the commencement of this Act for inspection, custody, storage, repair or other treatment this Act confers on the bailee a right of sale exercisable in certain circumstances after an interval of not less than 7 months from the commencement of this Act; the goods are not sold before the expiration of the period of 7 months beginning with the commencement of this Act.\n(sec.8-ssec.2) Where goods are sold by virtue of the fact that subsection (1) has been complied with, this Act shall have effect in relation to the goods subject to the following modifications— for any reference in section 9 (3) to a copy of the notice of the bailee’s intention to sell the goods there shall be substituted a reference to a statement— of the name and issue of the newspaper in which the notice under subsection (1) (a) (i) was published; and of the name and issue of the newspaper in which the notice (if any) under subsection (1) (a) (ii) was published; and where the notice was also published in the gazette—of the date and number of that gazette; for the reference in section 3 (4) (b) (i) to the giving of the notice that the goods are ready for re-delivery, there shall be substituted a reference to the publication of the notice under subsection (1) (a) or where more than 1 such notice is published the first of such notices.\n(sec.8-ssec.3) A notice under subsection (1) (a) in relation to any goods must contain— a sufficient description of the class to which the goods belong or, where the goods are a motor vehicle—the particulars of that vehicle referred to in section 19 (1) and (1A) ; and the name under which the bailee carries on the business consisting of or comprising acceptance of goods of that class for inspection, custody, storage, repair or other treatment and the address of the bailee’s principal place of business or, where the bailee is a company, the registered office of the company, and if the name or the address has changed during the 6 months immediately preceding the date of the publication of the notice, the last such name, or, as the case may be, the last such address preceding the change thereof; and a statement that if the bailor of the goods fails within the period of 7 months beginning with the commencement of this Act to pay the sum which the bailee claims to be due to the bailee by way of the bailee’s charges in relation to the goods or, having paid that sum, to take delivery of the goods or give directions as to their delivery they are liable to be sold under this Act.\n(sec.8-ssec.4) Where the bailee of goods accepted before the commencement of this Act for inspection, custody, storage, repair or other treatment does not at the commencement of this Act know any address of the bailor and at any time during the period of 7 months beginning with the commencement of this Act a dispute arises between the bailor and the bailee by reason of either or both of the grounds mentioned in section 7 (1) , subsections (1) to (3) shall not apply in relation to the goods, but sections 1 to 7 shall apply in relation thereto as they apply in a case where a dispute arises between the bailor and the bailee before the giving of the notice of the bailee’s intention to sell the goods or to make an application for an order under part 3 to sell the goods.\n- (a) within the period of 1 month beginning with the commencement of this Act, the bailee causes to be published— (i) in a newspaper published in Brisbane and circulating throughout the State; and (ii) in a newspaper (if any) published in the district in which are situated the premises where the goods were accepted for inspection, custody, storage, repair or other treatment; and (iii) where the goods are a motor vehicle—in the gazette; a notice complying with the requirements of subsection (3) ;\n- (i) in a newspaper published in Brisbane and circulating throughout the State; and\n- (ii) in a newspaper (if any) published in the district in which are situated the premises where the goods were accepted for inspection, custody, storage, repair or other treatment; and\n- (iii) where the goods are a motor vehicle—in the gazette;\n- (b) at all premises used or appropriated by the bailee after the commencement of this Act for accepting for inspection, custody, storage, repair or other treatment, goods of the class to which the goods so accepted belong, there is, throughout the period of 6 months immediately following the said period of 1 month or throughout that portion of the said period of 6 months during which the premises are so used or appropriated, conspicuously displayed in the part of the premises so used or appropriated a notice indicating that in the case of goods of that class accepted before the commencement of this Act for inspection, custody, storage, repair or other treatment this Act confers on the bailee a right of sale exercisable in certain circumstances after an interval of not less than 7 months from the commencement of this Act;\n- (c) the goods are not sold before the expiration of the period of 7 months beginning with the commencement of this Act.\n- (i) in a newspaper published in Brisbane and circulating throughout the State; and\n- (ii) in a newspaper (if any) published in the district in which are situated the premises where the goods were accepted for inspection, custody, storage, repair or other treatment; and\n- (iii) where the goods are a motor vehicle—in the gazette;\n- (a) for any reference in section 9 (3) to a copy of the notice of the bailee’s intention to sell the goods there shall be substituted a reference to a statement— (i) of the name and issue of the newspaper in which the notice under subsection (1) (a) (i) was published; and (ii) of the name and issue of the newspaper in which the notice (if any) under subsection (1) (a) (ii) was published; and (iii) where the notice was also published in the gazette—of the date and number of that gazette;\n- (i) of the name and issue of the newspaper in which the notice under subsection (1) (a) (i) was published; and\n- (ii) of the name and issue of the newspaper in which the notice (if any) under subsection (1) (a) (ii) was published; and\n- (iii) where the notice was also published in the gazette—of the date and number of that gazette;\n- (b) for the reference in section 3 (4) (b) (i) to the giving of the notice that the goods are ready for re-delivery, there shall be substituted a reference to the publication of the notice under subsection (1) (a) or where more than 1 such notice is published the first of such notices.\n- (i) of the name and issue of the newspaper in which the notice under subsection (1) (a) (i) was published; and\n- (ii) of the name and issue of the newspaper in which the notice (if any) under subsection (1) (a) (ii) was published; and\n- (iii) where the notice was also published in the gazette—of the date and number of that gazette;\n- (a) a sufficient description of the class to which the goods belong or, where the goods are a motor vehicle—the particulars of that vehicle referred to in section 19 (1) and (1A) ; and\n- (b) the name under which the bailee carries on the business consisting of or comprising acceptance of goods of that class for inspection, custody, storage, repair or other treatment and the address of the bailee’s principal place of business or, where the bailee is a company, the registered office of the company, and if the name or the address has changed during the 6 months immediately preceding the date of the publication of the notice, the last such name, or, as the case may be, the last such address preceding the change thereof; and\n- (c) a statement that if the bailor of the goods fails within the period of 7 months beginning with the commencement of this Act to pay the sum which the bailee claims to be due to the bailee by way of the bailee’s charges in relation to the goods or, having paid that sum, to take delivery of the goods or give directions as to their delivery they are liable to be sold under this Act.","sortOrder":10},{"sectionNumber":"sec.9","sectionType":"section","heading":"Procedure after sale under this Act","content":"### sec.9 Procedure after sale under this Act\n\nWhere goods are sold under this Act, any amount by which the gross proceeds of the sale exceed the charges of the bailee in relation to the goods shall be recoverable by the bailor from the bailee as a debt in any court of competent jurisdiction and any amount by which those charges exceed the gross proceeds of the sale shall be recoverable by the bailee from the bailor in the like manner.\nWhere goods are so sold the bailee shall, before the expiration of the period of 7 days beginning with the date of the sale of the goods, prepare a record in relation to the goods containing the following particulars—\na sufficient description of the goods, or, where the goods are a motor vehicle, the particulars of that vehicle referred to in section 19 (1) ;\nwhere the sale of the goods was authorised by an order under part 3 —a reference to that order;\nthe date and place of the sale and the name and principal place of business of the auctioneer by whom the goods were sold;\nthe amount of the proceeds of the sale;\na statement of each item of the charges of the bailee in relation to the goods and the transaction to which each item relates.\nWhere the goods are sold pursuant to this Act otherwise than by virtue of an order authorising the sale of the goods under part 3 , the bailee shall, during the period of 6 years beginning with the date on which the record is prepared under subsection (2) or during that portion of that period of 6 years during which the bailee continues to carry on the business in the course of which the goods were accepted for inspection, custody, storage, repair or other treatment, keep the record, together with a copy of the notice of the bailee’s intention to sell the goods and shall, at any reasonable time during the said period of 6 years or the said portion of that period, as the case may be, if so requested by or on behalf of the bailor, produce the record and copy for inspection by the bailor, any person nominated by the bailor in that behalf, or any person who, at the time of the sale, had or claims to have had an interest in the goods.\nWhere the goods are sold by virtue of an order authorising the sale of the goods under part 3 , the bailee shall, before the expiration of 14 days beginning with the date of the sale of the goods, lodge a copy of the record prepared under subsection (2) with the clerk of the court in which the order was made for filing with the records of the court relating to the order.\nAny person who had, or claims to have had at the time of the sale of the goods, an interest in the goods, shall be entitled on payment of a fee of 20c to inspect the copy of the record so lodged.\nA person who—\nfails to comply with subsection (2) ; or\nfails to comply with subsection (3) ; or\nfails to comply with subsection (4) ; or\nproduces or furnishes a document kept for the purposes of subsection (3) which is to the person’s knowledge false in a material particular; or\nlodges a document for the purposes of subsection (4) which is to the person’s knowledge false in a material particular;\nis guilty of an offence against this Act.\ns 9 amd 1995 No. 58 s 4 sch 1\n(sec.9-ssec.1) Where goods are sold under this Act, any amount by which the gross proceeds of the sale exceed the charges of the bailee in relation to the goods shall be recoverable by the bailor from the bailee as a debt in any court of competent jurisdiction and any amount by which those charges exceed the gross proceeds of the sale shall be recoverable by the bailee from the bailor in the like manner.\n(sec.9-ssec.2) Where goods are so sold the bailee shall, before the expiration of the period of 7 days beginning with the date of the sale of the goods, prepare a record in relation to the goods containing the following particulars— a sufficient description of the goods, or, where the goods are a motor vehicle, the particulars of that vehicle referred to in section 19 (1) ; where the sale of the goods was authorised by an order under part 3 —a reference to that order; the date and place of the sale and the name and principal place of business of the auctioneer by whom the goods were sold; the amount of the proceeds of the sale; a statement of each item of the charges of the bailee in relation to the goods and the transaction to which each item relates.\n(sec.9-ssec.3) Where the goods are sold pursuant to this Act otherwise than by virtue of an order authorising the sale of the goods under part 3 , the bailee shall, during the period of 6 years beginning with the date on which the record is prepared under subsection (2) or during that portion of that period of 6 years during which the bailee continues to carry on the business in the course of which the goods were accepted for inspection, custody, storage, repair or other treatment, keep the record, together with a copy of the notice of the bailee’s intention to sell the goods and shall, at any reasonable time during the said period of 6 years or the said portion of that period, as the case may be, if so requested by or on behalf of the bailor, produce the record and copy for inspection by the bailor, any person nominated by the bailor in that behalf, or any person who, at the time of the sale, had or claims to have had an interest in the goods.\n(sec.9-ssec.4) Where the goods are sold by virtue of an order authorising the sale of the goods under part 3 , the bailee shall, before the expiration of 14 days beginning with the date of the sale of the goods, lodge a copy of the record prepared under subsection (2) with the clerk of the court in which the order was made for filing with the records of the court relating to the order.\n(sec.9-ssec.5) Any person who had, or claims to have had at the time of the sale of the goods, an interest in the goods, shall be entitled on payment of a fee of 20c to inspect the copy of the record so lodged.\n(sec.9-ssec.6) A person who— fails to comply with subsection (2) ; or fails to comply with subsection (3) ; or fails to comply with subsection (4) ; or produces or furnishes a document kept for the purposes of subsection (3) which is to the person’s knowledge false in a material particular; or lodges a document for the purposes of subsection (4) which is to the person’s knowledge false in a material particular; is guilty of an offence against this Act.\n- (a) a sufficient description of the goods, or, where the goods are a motor vehicle, the particulars of that vehicle referred to in section 19 (1) ;\n- (b) where the sale of the goods was authorised by an order under part 3 —a reference to that order;\n- (c) the date and place of the sale and the name and principal place of business of the auctioneer by whom the goods were sold;\n- (d) the amount of the proceeds of the sale;\n- (e) a statement of each item of the charges of the bailee in relation to the goods and the transaction to which each item relates.\n- (a) fails to comply with subsection (2) ; or\n- (b) fails to comply with subsection (3) ; or\n- (c) fails to comply with subsection (4) ; or\n- (d) produces or furnishes a document kept for the purposes of subsection (3) which is to the person’s knowledge false in a material particular; or\n- (e) lodges a document for the purposes of subsection (4) which is to the person’s knowledge false in a material particular;","sortOrder":11},{"sectionNumber":"pt.3","sectionType":"part","heading":"Orders of court for sale of uncollected goods","content":"# Orders of court for sale of uncollected goods","sortOrder":12},{"sectionNumber":"sec.10","sectionType":"section","heading":"Right of bailee to apply for order to sell goods","content":"### sec.10 Right of bailee to apply for order to sell goods\n\nWhere goods accepted pursuant to a bailment in relation to which this Act applies are ready for re-delivery and the bailor—\nfails to pay or tender to the bailee the bailor’s charges in relation to the goods; or\nhaving paid those charges, fails to take delivery of the goods or, if the terms of the bailment so provide, to give directions for their delivery;\nand the bailee complies—\nwith section 6 (1) (a) (where applicable) and section 6 (1) (b) ; or\nwhere the goods were accepted for inspection, custody, storage, repair or other treatment before the commencement of this Act, and bailee does not, at the commencement of this Act, know any address of the bailor—with section 8 (1) (a) and (b) ;\nthe bailee may, subject to this part, make an application for an order under section 11 to sell the goods.\nAn application for an order under section 11 in respect of goods referred to in subsection (1) may be made whether or not at the date referred to in section 6 (1) (c) the amount which the bailee claims to be due to the bailee by way of the bailee’s charges in relation to the goods exceeds the sum of $100.\nNo application for an order to sell the goods under section 11 shall be made while a dispute to which section 7 (1) relates remains undetermined.\nNo application for an order under section 11 to sell the goods shall be made before the expiration of the period of 6 months beginning with the date of giving of the notice under section 6 (1) (b) that the goods are ready for re-delivery or if more than 1 such notice was given, beginning with the date of the giving of the later or latest of the notices, or unless the bailee, not less than 28 days before the application is made—\ngives to the bailor a notice of the bailee’s intention to apply for an order to sell the goods under section 11 , being a notice complying with the requirements of subsection (7) ; and\ngives such a notice to every other person who, at the time the bailee gives the notice to the bailor, the bailee actually knows has or claims an interest in the goods; and\ncauses such a notice to be published—\nin a newspaper published in Brisbane and circulating throughout the State; and\nin a newspaper (if any) published in the district in which are situated the premises where the goods were accepted for inspection, custody, storage, repair or other treatment; and\nwhere the goods are a motor vehicle—in the gazette.\nWhere the bailee of goods accepted before the commencement of this Act for inspection, custody, storage, repair or other treatment, does not at the commencement of this Act, know any address of the bailor, for any reference in subsections (4) or (7) to the date of giving of the notice that goods are ready for re-delivery, there shall be substituted a reference to the date of the publication of the notice under section 8 (1) (a) or where more than 1 such notice is published, the last of such notices.\nWhere a dispute in relation to any goods is determined (whether by virtue of section 7 (2) or (3) or otherwise), subsection (4) shall have effect in relation to those goods as if for the reference in that subsection to the date of the giving of the notice that the goods are ready for re-delivery there were substituted a reference to the date on which the dispute is determined.\nA notice required or authorised by this section to be given by the bailee to the bailor must contain a sufficient description of the goods to which the notice relates or, where the goods are a motor vehicle, the particulars of that motor vehicle referred to in section 19 (1) and a statement of the sum that the bailee claims to be due to the bailee by way of the bailee’s charges in relation to the goods, together with—\na statement of the date of the giving of the notice to the bailor that the goods are ready for re-delivery or, where there has been a dispute between the bailor and bailee, the date on which the dispute was determined; and\na statement that if the bailor fails, within the period of 28 days beginning with the date of the giving of the notice of the bailee’s intention to make application for an order to sell the goods under section 11 , to pay the said sum or, having paid the said sum, to take delivery of the goods or give directions as to their delivery, application will be made to the court under section 11 for an order authorising the bailee to sell the goods.\ns 10 amd 1995 No. 58 s 4 sch 1\n(sec.10-ssec.1) Where goods accepted pursuant to a bailment in relation to which this Act applies are ready for re-delivery and the bailor— fails to pay or tender to the bailee the bailor’s charges in relation to the goods; or having paid those charges, fails to take delivery of the goods or, if the terms of the bailment so provide, to give directions for their delivery; and the bailee complies— with section 6 (1) (a) (where applicable) and section 6 (1) (b) ; or where the goods were accepted for inspection, custody, storage, repair or other treatment before the commencement of this Act, and bailee does not, at the commencement of this Act, know any address of the bailor—with section 8 (1) (a) and (b) ; the bailee may, subject to this part, make an application for an order under section 11 to sell the goods.\n(sec.10-ssec.2) An application for an order under section 11 in respect of goods referred to in subsection (1) may be made whether or not at the date referred to in section 6 (1) (c) the amount which the bailee claims to be due to the bailee by way of the bailee’s charges in relation to the goods exceeds the sum of $100.\n(sec.10-ssec.3) No application for an order to sell the goods under section 11 shall be made while a dispute to which section 7 (1) relates remains undetermined.\n(sec.10-ssec.4) No application for an order under section 11 to sell the goods shall be made before the expiration of the period of 6 months beginning with the date of giving of the notice under section 6 (1) (b) that the goods are ready for re-delivery or if more than 1 such notice was given, beginning with the date of the giving of the later or latest of the notices, or unless the bailee, not less than 28 days before the application is made— gives to the bailor a notice of the bailee’s intention to apply for an order to sell the goods under section 11 , being a notice complying with the requirements of subsection (7) ; and gives such a notice to every other person who, at the time the bailee gives the notice to the bailor, the bailee actually knows has or claims an interest in the goods; and causes such a notice to be published— in a newspaper published in Brisbane and circulating throughout the State; and in a newspaper (if any) published in the district in which are situated the premises where the goods were accepted for inspection, custody, storage, repair or other treatment; and where the goods are a motor vehicle—in the gazette.\n(sec.10-ssec.5) Where the bailee of goods accepted before the commencement of this Act for inspection, custody, storage, repair or other treatment, does not at the commencement of this Act, know any address of the bailor, for any reference in subsections (4) or (7) to the date of giving of the notice that goods are ready for re-delivery, there shall be substituted a reference to the date of the publication of the notice under section 8 (1) (a) or where more than 1 such notice is published, the last of such notices.\n(sec.10-ssec.6) Where a dispute in relation to any goods is determined (whether by virtue of section 7 (2) or (3) or otherwise), subsection (4) shall have effect in relation to those goods as if for the reference in that subsection to the date of the giving of the notice that the goods are ready for re-delivery there were substituted a reference to the date on which the dispute is determined.\n(sec.10-ssec.7) A notice required or authorised by this section to be given by the bailee to the bailor must contain a sufficient description of the goods to which the notice relates or, where the goods are a motor vehicle, the particulars of that motor vehicle referred to in section 19 (1) and a statement of the sum that the bailee claims to be due to the bailee by way of the bailee’s charges in relation to the goods, together with— a statement of the date of the giving of the notice to the bailor that the goods are ready for re-delivery or, where there has been a dispute between the bailor and bailee, the date on which the dispute was determined; and a statement that if the bailor fails, within the period of 28 days beginning with the date of the giving of the notice of the bailee’s intention to make application for an order to sell the goods under section 11 , to pay the said sum or, having paid the said sum, to take delivery of the goods or give directions as to their delivery, application will be made to the court under section 11 for an order authorising the bailee to sell the goods.\n- (a) fails to pay or tender to the bailee the bailor’s charges in relation to the goods; or\n- (b) having paid those charges, fails to take delivery of the goods or, if the terms of the bailment so provide, to give directions for their delivery;\n- (c) with section 6 (1) (a) (where applicable) and section 6 (1) (b) ; or\n- (d) where the goods were accepted for inspection, custody, storage, repair or other treatment before the commencement of this Act, and bailee does not, at the commencement of this Act, know any address of the bailor—with section 8 (1) (a) and (b) ;\n- (a) gives to the bailor a notice of the bailee’s intention to apply for an order to sell the goods under section 11 , being a notice complying with the requirements of subsection (7) ; and\n- (b) gives such a notice to every other person who, at the time the bailee gives the notice to the bailor, the bailee actually knows has or claims an interest in the goods; and\n- (c) causes such a notice to be published— (i) in a newspaper published in Brisbane and circulating throughout the State; and (ii) in a newspaper (if any) published in the district in which are situated the premises where the goods were accepted for inspection, custody, storage, repair or other treatment; and (iii) where the goods are a motor vehicle—in the gazette.\n- (i) in a newspaper published in Brisbane and circulating throughout the State; and\n- (ii) in a newspaper (if any) published in the district in which are situated the premises where the goods were accepted for inspection, custody, storage, repair or other treatment; and\n- (iii) where the goods are a motor vehicle—in the gazette.\n- (i) in a newspaper published in Brisbane and circulating throughout the State; and\n- (ii) in a newspaper (if any) published in the district in which are situated the premises where the goods were accepted for inspection, custody, storage, repair or other treatment; and\n- (iii) where the goods are a motor vehicle—in the gazette.\n- (a) a statement of the date of the giving of the notice to the bailor that the goods are ready for re-delivery or, where there has been a dispute between the bailor and bailee, the date on which the dispute was determined; and\n- (b) a statement that if the bailor fails, within the period of 28 days beginning with the date of the giving of the notice of the bailee’s intention to make application for an order to sell the goods under section 11 , to pay the said sum or, having paid the said sum, to take delivery of the goods or give directions as to their delivery, application will be made to the court under section 11 for an order authorising the bailee to sell the goods.","sortOrder":13},{"sectionNumber":"sec.11","sectionType":"section","heading":"Orders to sell","content":"### sec.11 Orders to sell\n\nAn application for an order under this section shall be made to a Magistrates Court held in the Magistrates Courts district in which are situated the premises where the goods were accepted by the bailee for inspection, custody, storage, repair or other treatment.\nWhere an application is made to a Magistrates Court in accordance with this part, the court—\nmay make an order authorising the applicant to sell the goods in respect of which the order is made if they remain in the applicant’s possession until the applicant is entitled under subsection (7) to sell them; or\nmay refuse to make such an order.\nAn order under this section—\nwhere the bailor has not paid or tendered to the bailee the bailee’s charges in respect of the goods—shall specify the amount which the court deems reasonable in respect of the bailee’s charges; and\nshall specify the amount (if any) allowed in respect of the costs of obtaining the order; and\nmay specify, for the purposes of section 3 (5) (a) , a rate of storage charges, and for the purposes of section 3 (5) (b) , the amount that may be incurred in respect of the costs of or in connection with the sale; and\nshall prohibit the sale of the goods specified in the order until the expiration of a period of 28 days or such lesser period as may be specified in the order, after the date of the order.\nThe amount specified in accordance with subsection (3) (a) shall, for all purposes, be the amount of the liability of the bailor of the goods for the charges of the applicant for the order.\nThe power of a court to make the order under this section authorising the sale of goods shall be subject to any agreement between the bailor of the goods and the applicant for the order.\nWhere at the date referred to in section 6 (1) (c) the amount which the bailee claims to be due to the bailee by way of the bailee’s charges in relation to the repair of the goods exceeds the sum of $110, the court shall not make an order authorising the applicant to sell the goods unless the bailee has obtained an order in writing for the repair of the goods signed by or on behalf of the bailor or the court is satisfied that it was reasonable in the circumstances that such an order was not obtained.\nAn applicant in whose favour an order is made under this section is entitled, subject to the order and this Act, to sell the goods specified in the order.\nAn order under this section shall not affect the right of any person to recover the goods specified in the order by an action commenced before the sale of the goods by virtue of the order.\nIf any such action is so commenced, the right of the person in whose favour the order is made to sell the goods shall be suspended until that action has been heard and determined and if in that action an order is made for the recovery of the goods from the person in whose favour the order was made, that person’s right to sell the goods shall cease and determine.\nThe jurisdiction conferred on a Magistrates Court by this section shall not be exercised except by a Magistrate Court constituted by a stipendiary magistrate sitting alone.\nThe procedure of a Magistrates Court in relation to an application under this section shall be as prescribed by the Justices Act 1886 or in so far as it is not so prescribed, as the court determines.\ns 11 amd 1995 No. 58 s 4 sch 1 ; 2000 No. 20 s 29 sch 3\n(sec.11-ssec.1) An application for an order under this section shall be made to a Magistrates Court held in the Magistrates Courts district in which are situated the premises where the goods were accepted by the bailee for inspection, custody, storage, repair or other treatment.\n(sec.11-ssec.2) Where an application is made to a Magistrates Court in accordance with this part, the court— may make an order authorising the applicant to sell the goods in respect of which the order is made if they remain in the applicant’s possession until the applicant is entitled under subsection (7) to sell them; or may refuse to make such an order.\n(sec.11-ssec.3) An order under this section— where the bailor has not paid or tendered to the bailee the bailee’s charges in respect of the goods—shall specify the amount which the court deems reasonable in respect of the bailee’s charges; and shall specify the amount (if any) allowed in respect of the costs of obtaining the order; and may specify, for the purposes of section 3 (5) (a) , a rate of storage charges, and for the purposes of section 3 (5) (b) , the amount that may be incurred in respect of the costs of or in connection with the sale; and shall prohibit the sale of the goods specified in the order until the expiration of a period of 28 days or such lesser period as may be specified in the order, after the date of the order.\n(sec.11-ssec.4) The amount specified in accordance with subsection (3) (a) shall, for all purposes, be the amount of the liability of the bailor of the goods for the charges of the applicant for the order.\n(sec.11-ssec.5) The power of a court to make the order under this section authorising the sale of goods shall be subject to any agreement between the bailor of the goods and the applicant for the order.\n(sec.11-ssec.6) Where at the date referred to in section 6 (1) (c) the amount which the bailee claims to be due to the bailee by way of the bailee’s charges in relation to the repair of the goods exceeds the sum of $110, the court shall not make an order authorising the applicant to sell the goods unless the bailee has obtained an order in writing for the repair of the goods signed by or on behalf of the bailor or the court is satisfied that it was reasonable in the circumstances that such an order was not obtained.\n(sec.11-ssec.7) An applicant in whose favour an order is made under this section is entitled, subject to the order and this Act, to sell the goods specified in the order.\n(sec.11-ssec.8) An order under this section shall not affect the right of any person to recover the goods specified in the order by an action commenced before the sale of the goods by virtue of the order.\n(sec.11-ssec.9) If any such action is so commenced, the right of the person in whose favour the order is made to sell the goods shall be suspended until that action has been heard and determined and if in that action an order is made for the recovery of the goods from the person in whose favour the order was made, that person’s right to sell the goods shall cease and determine.\n(sec.11-ssec.10) The jurisdiction conferred on a Magistrates Court by this section shall not be exercised except by a Magistrate Court constituted by a stipendiary magistrate sitting alone.\n(sec.11-ssec.11) The procedure of a Magistrates Court in relation to an application under this section shall be as prescribed by the Justices Act 1886 or in so far as it is not so prescribed, as the court determines.\n- (a) may make an order authorising the applicant to sell the goods in respect of which the order is made if they remain in the applicant’s possession until the applicant is entitled under subsection (7) to sell them; or\n- (b) may refuse to make such an order.\n- (a) where the bailor has not paid or tendered to the bailee the bailee’s charges in respect of the goods—shall specify the amount which the court deems reasonable in respect of the bailee’s charges; and\n- (b) shall specify the amount (if any) allowed in respect of the costs of obtaining the order; and\n- (c) may specify, for the purposes of section 3 (5) (a) , a rate of storage charges, and for the purposes of section 3 (5) (b) , the amount that may be incurred in respect of the costs of or in connection with the sale; and\n- (d) shall prohibit the sale of the goods specified in the order until the expiration of a period of 28 days or such lesser period as may be specified in the order, after the date of the order.","sortOrder":14},{"sectionNumber":"pt.4","sectionType":"part","heading":"General","content":"# General","sortOrder":15},{"sectionNumber":"sec.12","sectionType":"section","heading":"Ambulatory operation of Act","content":"### sec.12 Ambulatory operation of Act\n\nAny provisions of this Act which apply to or in respect of any person by virtue of the person’s rights or obligations in respect of any goods shall as respects a period during which those rights or obligations are vested in any other person apply to and in respect of that other person.","sortOrder":16},{"sectionNumber":"sec.13","sectionType":"section","heading":"Saving of powers outside Act","content":"### sec.13 Saving of powers outside Act\n\nThe powers conferred on a person by this Act shall be in addition to and not in derogation of any powers exercisable by the person independently of this Act.","sortOrder":17},{"sectionNumber":"sec.14","sectionType":"section","heading":"Notices","content":"### sec.14 Notices\n\nA notice required or authorised by this Act to be given to any person shall be in writing.\nAny such notice may be given—\nby delivering it to the person to whom it is required or authorised to be given personally; or\nby leaving it for the person at the person’s last known place of abode or business with some other person apparently an inmate thereof or employed thereat, and apparently of or over the age of 16 years; or\nby posting it addressed to the person at the person’s last known place of abode.\n(sec.14-ssec.1) A notice required or authorised by this Act to be given to any person shall be in writing.\n(sec.14-ssec.2) Any such notice may be given— by delivering it to the person to whom it is required or authorised to be given personally; or by leaving it for the person at the person’s last known place of abode or business with some other person apparently an inmate thereof or employed thereat, and apparently of or over the age of 16 years; or by posting it addressed to the person at the person’s last known place of abode.\n- (a) by delivering it to the person to whom it is required or authorised to be given personally; or\n- (b) by leaving it for the person at the person’s last known place of abode or business with some other person apparently an inmate thereof or employed thereat, and apparently of or over the age of 16 years; or\n- (c) by posting it addressed to the person at the person’s last known place of abode.","sortOrder":18},{"sectionNumber":"sec.15","sectionType":"section","heading":"Buyer of goods sold pursuant to this Act to acquire a good title","content":"### sec.15 Buyer of goods sold pursuant to this Act to acquire a good title\n\nThe buyer of any goods sold by a bailee in the exercise or purported exercise of the bailee’s powers under this Act shall acquire a good title to the goods, and the interest of anyone else ends, if the buyer buys them in good faith and without notice—\nof any defect or want of title in the bailor; and\nof any failure by the bailee to comply with any of the provisions of this Act.\nUpon any proceedings by or against the bailee in respect of any goods sold under this Act, the burden of proving that the provisions of this Act relating to the sale of those goods have been complied with shall be upon the bailee.\ns 15 amd 1995 No. 58 s 4 sch 1 ; 2010 No. 44 s 101\n(sec.15-ssec.1) The buyer of any goods sold by a bailee in the exercise or purported exercise of the bailee’s powers under this Act shall acquire a good title to the goods, and the interest of anyone else ends, if the buyer buys them in good faith and without notice— of any defect or want of title in the bailor; and of any failure by the bailee to comply with any of the provisions of this Act.\n(sec.15-ssec.2) Upon any proceedings by or against the bailee in respect of any goods sold under this Act, the burden of proving that the provisions of this Act relating to the sale of those goods have been complied with shall be upon the bailee.\n- (a) of any defect or want of title in the bailor; and\n- (b) of any failure by the bailee to comply with any of the provisions of this Act.","sortOrder":19},{"sectionNumber":"sec.16","sectionType":"section","heading":"Rights of owner of goods sold under this Act","content":"### sec.16 Rights of owner of goods sold under this Act\n\nWhere the bailor of any goods is not the owner thereof and the goods are sold by the bailee in the exercise or purported exercise of the bailee’s powers under this Act without notice by the bailee to the owner, the owner shall not be entitled to the return of the goods but shall have the same rights in respect of the proceeds of the sale of the goods as the owner would have had in respect of the goods if the property therein had not passed to the buyer under this Act.\ns 16 amd 1995 No. 58 s 4 sch 1","sortOrder":20},{"sectionNumber":"sec.17","sectionType":"section","heading":"Provisions for payment before sale of goods","content":"### sec.17 Provisions for payment before sale of goods\n\nAt any time before goods are sold under this Act any person claiming any interest or right of possession in the goods may pay the bailee the amount necessary to satisfy the amount of the charges of the bailee including the reasonable and necessary expenses incurred in serving notices, in publication of advertisements and in preparing for sale up to the time of payment.\nThe bailee shall deliver the goods to the person making the payment if he or she is the person entitled to the possession of the goods on payment of the bailee’s charges thereon, otherwise the bailee shall retain possession of the goods according to the contract (express or implied) for the acceptance of the goods.\ns 17 amd 1995 No. 58 s 4 sch 1\n(sec.17-ssec.1) At any time before goods are sold under this Act any person claiming any interest or right of possession in the goods may pay the bailee the amount necessary to satisfy the amount of the charges of the bailee including the reasonable and necessary expenses incurred in serving notices, in publication of advertisements and in preparing for sale up to the time of payment.\n(sec.17-ssec.2) The bailee shall deliver the goods to the person making the payment if he or she is the person entitled to the possession of the goods on payment of the bailee’s charges thereon, otherwise the bailee shall retain possession of the goods according to the contract (express or implied) for the acceptance of the goods.","sortOrder":21},{"sectionNumber":"sec.18","sectionType":"section","heading":"Provision to be implied in bill of sale or other encumbrance","content":"### sec.18 Provision to be implied in bill of sale or other encumbrance\n\nThere shall be implied in every bill of sale or other encumbrance over or in respect of any goods in favour of the grantee or encumbrancee, a covenant that the amount of any payment made by him or her in relation to those goods in terms of section 17 shall be added to or be deemed to be included in, the principal moneys secured by such bill of sale or other encumbrance.","sortOrder":22},{"sectionNumber":"sec.19","sectionType":"section","heading":"Special provisions applicable to sale of motor vehicles","content":"### sec.19 Special provisions applicable to sale of motor vehicles\n\nWhere the bailee of any motor vehicle intends to sell the motor vehicle under this Act, the bailee shall, not less than 1 month before the sale and before making any application for an order to sell the vehicle under part 3 , give notice to the commissioner of the police service of the bailee’s intention to sell, or to make application to sell, the vehicle, together with the particulars of the make, model type, colour, registration number, chassis number (if any), body number (if any), and engine number of the vehicle and how and when it came into the bailee’s possession.\nWhere any part of a motor vehicle is removed under the contract under which the goods were accepted by the bailee and the number thereof is required to be furnished under subsection (1) , the notice under subsection (1) shall include the number of the part so removed.\nUpon receipt of any such notice and particulars, the commissioner shall cause a search to be made of the records in the commissioner’s custody and shall forward to the bailee a certificate as to whether or not the motor vehicle referred to is for the time being recorded as stolen.\nAny bailee who sells a motor vehicle under this Act, or makes an application for an order under part 3 to sell the vehicle, without first having obtained from the commissioner of the police service a certificate that the motor vehicle is not recorded for the time being as stolen, is guilty of an offence against this Act.\nIn any proceedings arising out of the sale of a motor vehicle under this Act, a certificate purporting to be signed by the commissioner of the police service or by a police officer who has been authorised in writing in that behalf by the commissioner of the police service, to the effect that any motor vehicle was or was not at any time stated in such certificate recorded as being stolen shall be prima facie evidence of the facts stated therein.\ns 19 amd 1988 No. 6 s 3 ; 1995 No. 58 s 4 sch 1\n(sec.19-ssec.1) Where the bailee of any motor vehicle intends to sell the motor vehicle under this Act, the bailee shall, not less than 1 month before the sale and before making any application for an order to sell the vehicle under part 3 , give notice to the commissioner of the police service of the bailee’s intention to sell, or to make application to sell, the vehicle, together with the particulars of the make, model type, colour, registration number, chassis number (if any), body number (if any), and engine number of the vehicle and how and when it came into the bailee’s possession.\n(sec.19-ssec.1A) Where any part of a motor vehicle is removed under the contract under which the goods were accepted by the bailee and the number thereof is required to be furnished under subsection (1) , the notice under subsection (1) shall include the number of the part so removed.\n(sec.19-ssec.2) Upon receipt of any such notice and particulars, the commissioner shall cause a search to be made of the records in the commissioner’s custody and shall forward to the bailee a certificate as to whether or not the motor vehicle referred to is for the time being recorded as stolen.\n(sec.19-ssec.3) Any bailee who sells a motor vehicle under this Act, or makes an application for an order under part 3 to sell the vehicle, without first having obtained from the commissioner of the police service a certificate that the motor vehicle is not recorded for the time being as stolen, is guilty of an offence against this Act.\n(sec.19-ssec.4) In any proceedings arising out of the sale of a motor vehicle under this Act, a certificate purporting to be signed by the commissioner of the police service or by a police officer who has been authorised in writing in that behalf by the commissioner of the police service, to the effect that any motor vehicle was or was not at any time stated in such certificate recorded as being stolen shall be prima facie evidence of the facts stated therein.","sortOrder":23},{"sectionNumber":"sec.20","sectionType":"section","heading":"Disposal of net proceeds of sale of goods","content":"### sec.20 Disposal of net proceeds of sale of goods\n\nWhere, after goods have been sold by virtue of the provisions of this Act and the bailee has deducted the bailee’s charges in relation to those goods, there remains a surplus of moneys in the hands of the bailee, the bailee shall within 14 days after the sale pay those moneys to the public trustee unless they have previously been paid by the bailee to the person entitled thereto.\nWhere the bailee pays the surplus of any moneys to the person entitled thereto, the bailee shall furnish to that person a copy of the record prepared by the bailee in relation to the goods in accordance with the requirements of section 9 (2) .\nAny moneys paid to the public trustee under this section shall be held by the public trustee on behalf of the person for the time being entitled thereto, and such person shall be entitled to be repaid such sum less any prescribed charges.\nThe State’s interest under subsection (3) in prescribed charges is declared to be a statutory interest to which section 73 (2) of the Personal Property Securities Act 2009 (Cwlth) applies.\nAny such sum lying unclaimed in the hands of the public trustee for a period of 6 years shall be deemed to be unclaimed moneys under and within the meaning of the Public Trustee Act 1978 and shall be dealt with accordingly.\ns 20 amd 2010 No. 44 s 102\n(sec.20-ssec.1) Where, after goods have been sold by virtue of the provisions of this Act and the bailee has deducted the bailee’s charges in relation to those goods, there remains a surplus of moneys in the hands of the bailee, the bailee shall within 14 days after the sale pay those moneys to the public trustee unless they have previously been paid by the bailee to the person entitled thereto.\n(sec.20-ssec.2) Where the bailee pays the surplus of any moneys to the person entitled thereto, the bailee shall furnish to that person a copy of the record prepared by the bailee in relation to the goods in accordance with the requirements of section 9 (2) .\n(sec.20-ssec.3) Any moneys paid to the public trustee under this section shall be held by the public trustee on behalf of the person for the time being entitled thereto, and such person shall be entitled to be repaid such sum less any prescribed charges.\n(sec.20-ssec.3A) The State’s interest under subsection (3) in prescribed charges is declared to be a statutory interest to which section 73 (2) of the Personal Property Securities Act 2009 (Cwlth) applies.\n(sec.20-ssec.4) Any such sum lying unclaimed in the hands of the public trustee for a period of 6 years shall be deemed to be unclaimed moneys under and within the meaning of the Public Trustee Act 1978 and shall be dealt with accordingly.","sortOrder":24},{"sectionNumber":"sec.21","sectionType":"section","heading":"Right of owner to inspect goods","content":"### sec.21 Right of owner to inspect goods\n\nWhere the bailor of the goods is not the owner thereof, then, at any time after notice has been given to the bailor that the goods are ready for re-delivery, the owner may, at a reasonable time and upon reasonable notice to the bailee, enter upon the premises of the bailee whereat the goods are kept under the bailment and inspect the goods.\nWhere a bailee fails to permit the exercise by an owner of the right conferred by subsection (1) , a court may refuse to make an order under section 11 .\n(sec.21-ssec.1) Where the bailor of the goods is not the owner thereof, then, at any time after notice has been given to the bailor that the goods are ready for re-delivery, the owner may, at a reasonable time and upon reasonable notice to the bailee, enter upon the premises of the bailee whereat the goods are kept under the bailment and inspect the goods.\n(sec.21-ssec.2) Where a bailee fails to permit the exercise by an owner of the right conferred by subsection (1) , a court may refuse to make an order under section 11 .","sortOrder":25},{"sectionNumber":"sec.22","sectionType":"section","heading":"Penalties and proceedings","content":"### sec.22 Penalties and proceedings\n\nA person guilty of an offence against this Act is liable to a penalty not exceeding 4 penalty units or 3 months imprisonment.\nProceedings for an offence against this Act may be taken by way of summary proceedings under the Justices Act 1886 .\ns 22 amd 1995 No. 58 s 4 sch 1\n(sec.22-ssec.1) A person guilty of an offence against this Act is liable to a penalty not exceeding 4 penalty units or 3 months imprisonment.\n(sec.22-ssec.2) Proceedings for an offence against this Act may be taken by way of summary proceedings under the Justices Act 1886 .","sortOrder":26},{"sectionNumber":"sec.23","sectionType":"section","heading":"Regulation making power","content":"### sec.23 Regulation making power\n\nThe Governor in Council may make regulations under this Act.\nA regulation may prescribe a penalty of not more than 2 penalty units for an offence against a regulation.\ns 23 sub 1995 No. 58 s 4 sch 1\n(sec.23-ssec.1) The Governor in Council may make regulations under this Act.\n(sec.23-ssec.2) A regulation may prescribe a penalty of not more than 2 penalty units for an offence against a regulation.","sortOrder":27},{"sectionNumber":"sec.24","sectionType":"section","heading":null,"content":"### Section sec.24\n\ns 24 om 28 November 1995 see RA s 40","sortOrder":28}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The original 1967 Act appears to have been a straightforward mechanism for bailees to dispose of uncollected goods. However, the legislation has grown significantly through amendments to incorporate: (1) interaction with the Personal Property Securities Act 2009 (section 4A and section 20(3A)), creating priority rules for statutory interests; (2) detailed motor vehicle provisions requiring police checks (section 19); (3) complex dispute resolution mechanisms involving Magistrates Courts (Part 3); and (4) integration with the Public Trustee for handling surplus proceeds (section 20). The Act has evolved from a simple disposal mechanism into a comprehensive scheme balancing property rights, security interests, and consumer protection."},"complexity_factors":["Multiple overlapping notice requirements with different timelines (6 months general waiting period, 28 days specific notice, 1 month dispute resolution period)","Bifurcated procedure depending on value threshold ($110) requiring court orders for higher-value goods","Extensive cross-referencing between Parts 2 and 3, with section 6 requirements modifying how Part 3 operates","Special transitional provisions for goods accepted before the Act commenced (section 8) creating parallel procedural tracks","Nested conditional logic: sale procedures differ based on whether goods accepted pre/post commencement, whether address known, whether dispute arose, whether court order obtained, and whether goods are motor vehicles","Multiple defined terms with circular or self-referential definitions (e.g., 'charges of the bailee' defined differently depending on context in section 3)","Interaction with external legislation (Personal Property Securities Act 2009, Storage Liens Act 1973, Hire-purchase Act 1959, Justices Act 1886) requiring knowledge of those schemes","Ambulatory operation clause (section 12) allowing rights to transfer to successors in title, adding succession law complexity"],"plain_english_summary":"**What this law does:**\n\nThis Act gives businesses (called **bailees**) a legal way to sell goods that customers (called **bailors**) have left behind and never collected. It applies when a business accepts items for repair, storage, inspection, or safekeeping, but the owner doesn't pay the bill or pick up the goods.\n\n**Who it affects:**\n\n- **Business owners** – mechanics, storage facilities, repair shops, and anyone who holds goods for others\n- **Customers** – people who drop off cars, furniture, or other items for service but don't return to collect them\n- **Buyers at auction** – people who purchase goods sold under this Act\n\n**Key rules:**\n\n- **Before selling**, the business must:\n  - Display a notice at their premises warning customers that uncollected goods may be sold\n  - Send written notice to the owner that goods are ready for collection\n  - Wait at least **6 months** (in most cases) before selling\n  - Publish notices in newspapers (and the Queensland Gazette for motor vehicles)\n  - For debts over **$110**, get a court order before selling\n\n- **Special protections for cars**: The business must check with police to ensure the vehicle isn't stolen before selling it\n\n- **After the sale**:\n  - The business can deduct what they're owed from the sale proceeds\n  - Any leftover money goes to the original owner (or the Public Trustee if the owner can't be found)\n  - The business must keep detailed records for 6 years\n\n- **Disputes**: If the owner disagrees with the charges, they can object and have a Magistrates Court decide what is reasonable\n\n**Why it matters:**\n\nWithout this law, businesses could be stuck storing other people's property indefinitely, unable to recover their costs or free up space. The Act balances the business's need to get paid against the owner's property rights by requiring proper notice and waiting periods."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act's core purpose (allowing bailees to sell uncollected goods after statutory notice and time periods) remains intact, but subsequent amendments broadened its legal reach. Notably s.4A (inserted 2010) declares a bailee’s charges, when goods are sold under this Act, to be statutory interests with priority over security interests under the PPSA — a substantive change that affects secured creditors and the ranking of claims. Other amendments add procedural detail (police checks for motor vehicles (s.19)), transitional provisions for goods accepted before commencement (s.8), and updated thresholds and cross‑references to modern statutes. Those changes move the Act beyond a narrow contract‑remedy statute into a provision that interacts materially with national secured‑transactions law and public trustee processes (s.20), thereby changing the practical scope of affected parties and legal consequences."},"complexity_factors":["Multiple cross‑references to other Acts: Personal Property Securities Act 2009 (s.4A), Storage Liens Act 1973 (s.4), Justices Act 1886 (s.11, s.22), Public Trustee Act 1978 (s.20), Hire‑purchase/credit Acts (s.3).","Several time thresholds and notice periods layered together (7 days, 28 days, 1 month, 6 months, 7 months in transitional cases, and 14 days for lodging records) (s.3, s.6–s.11, s.9, s.8, s.20).","Distinct procedural tracks depending on facts: (a) sale without court order, (b) sale after Magistrates Court order, (c) goods accepted before commencement with unknown bailor address (s.6, s.8, s.11).","Statutory exceptions and special rules (motor vehicles have separate police‑check requirements (s.19); some storage liens excluded (s.4)).","Evidentiary and record‑keeping obligations with long retention periods (6 years) and criminal sanctions for false records (s.9).","Interaction with secured interests under PPSA changed scope and priority (s.4A) — adds legal layering for creditors and bailees.","Numerous defined terms and interpretive rules relevant to triggering the sale rights (s.3), including what counts as 'ready for re‑delivery'.","Conditional judicial discretions: court may set amounts, costs, storage rate caps, prohibit sale for a period, or refuse orders (s.11)."],"plain_english_summary":"**What this law does (mechanics)\n\n- Gives a bailee (a person or business who accepts someone else's goods for inspection, custody, storage, repair or other treatment) a legal route to sell goods that have not been collected when certain steps are followed (see s.5–s.11).\n- Requires bailees to follow time limits and notice procedures before sale: display notices at premises, give written notices to the bailor and known interested persons, publish notices in specified newspapers (and the gazette for motor vehicles), wait minimum periods (commonly 6 months from a \"ready for re-delivery\" notice or shorter periods if a court order is obtained), and run public auctions (see s.6, s.10, s.11).\n- Suspends the bailee's right to sell while a dispute about charges or workmanship exists, and provides a way to treat or determine that dispute (bailee may issue a 1‑month \"treat as determined\" notice, or either party may go to a Magistrates Court) (see s.7).\n- Sets record‑keeping and post‑sale duties for the bailee (prepare a sale record within 7 days, keep it for six years or lodge it with the court if the sale followed a court order) and provides remedies for shortfalls or surpluses from sale proceeds (s.9, s.20).\n- Protects buyers who purchase in good faith without notice: a buyer can acquire good title to goods sold under the Act (s.15). If the bailor is not the owner, the owner cannot recover the goods after sale but is entitled to the same share of sale proceeds as their ownership would have entitled them to (s.16).\n- Includes special rules for motor vehicles: the bailee must notify the police commissioner and obtain a certificate confirming whether the vehicle is recorded as stolen before selling (s.19).\n- Declares the bailee's charges, when goods are sold under the Act, to be statutory interests that have priority over security interests registered under the Personal Property Securities Act 2009 (PPSA) (s.4A).\n\n\nWho this affects\n\n- Bailees: repairers, storage operators, tow yards, auctioneers and similar businesses that accept goods for repair, storage, inspection or related services (s.3, s.4). They gain an enforceable route to recover unpaid charges by selling uncollected items, but must comply with notice, publication, record and timing requirements (s.5–s.11, s.9).\n- Bailors (customers): people who leave goods with a bailee. They face the risk their goods can be sold if they do not pay charges or collect goods within statutory timeframes; they can challenge excessive charges or defective work in a Magistrates Court (s.7, s.11).\n- Secured creditors / lenders: the Act (through s.4A) gives bailee charges priority over security interests under the PPSA when goods are sold under this Act. That changes the relative ranking between a bailee’s recovery claim and a registered security interest in the same goods.\n- Buyers at auction: if they buy in good faith and without notice of problems, they obtain good title to the goods (s.15).\n- Motor vehicle owners and police: motor vehicle sales under the Act require police checks to reduce the risk of trafficking in stolen vehicles (s.19).\n- Public Trustee: surplus sale proceeds not claimed by an entitled person must be paid to the public trustee (s.20).\n\n\nWhy it matters (purported purpose and practical trade‑offs)\n\n- The purpose the law advances (as framed by the text) is to give businesses that look after other people’s goods a clear, judicially supervised process to recover unpaid charges and to clear uncollected goods from their premises while protecting third parties (s.5–s.11, s.15).\n\n- Costs, incentives and trade‑offs:\n  - Who pays: the bailor (customer) ultimately pays the bailee’s charges or risks loss of the goods (s.5, s.17). If sale proceeds fall short, the bailor remains liable for the shortfall (s.9(1)).\n  - Compliance cost for bailees: mandatory written notices, conspicuous display of terms, newspaper and gazette publication, record keeping for years, and police certificate checks for vehicles (s.6, s.9, s.19, s.8). These impose administrative and publication costs and create evidentiary burdens when proving compliance in court (s.15).\n  - Incentives for bailees and buyers: bailees gain stronger recovery rights and priority (s.4A), which lowers their risk of unpaid charges and may reduce their need to extend credit. Buyers who acquire in good faith are protected (s.15), which supports liquidation of goods at auction.\n  - Effects on secured lenders: s.4A (added later) elevates a bailee’s statutory interest over registered security interests under the PPSA when goods are sold under this Act. That narrows the practical reach of some security interests where a bailee exercised sale powers under this Act.\n  - Dispute and judicial control: the Act keeps a role for courts (Magistrates Court) to determine reasonable charges, make sale orders, and supervise disputes, which constrains arbitrary sales but adds litigation costs and timing complexity for businesses (s.7, s.11).\n\n\nImplementation and compliance risks\n\n- Proof burden is on the bailee: when sale is challenged the bailee must prove compliance with statutory notice, publication and procedural steps (s.15). Failure to keep or produce correct records can be an offence (s.9(6)).\n- Outdated/rigid formalities: the Act prescribes publication in a Brisbane newspaper and the State gazette for vehicles, and fixed time periods (6 months, 28 days, 1 month, 7 days), which can be administratively rigid and relatively costly (s.6, s.8, s.10).\n- Interaction with other regimes: the Act explicitly excludes some storage liens covered by the Storage Liens Act 1973 (s.4) and interacts with the PPSA (s.4A). Bailees, vehicle dealers, lenders and storage businesses must coordinate compliance across multiple statutes.\n\n\nKey sections to look at for practice\n\n- s.3 (definitions and when goods are \"ready for re-delivery\")\n- s.4 and s.4A (scope and PPSA priority)\n- s.5–s.7 (when a bailee may sell and how disputes are handled)\n- s.9 (records and post‑sale accounting)\n- s.11 (Magistrates Court orders to sell)\n- s.15–s.17 (buyer title, owner’s rights, payment before sale)\n- s.19 (motor vehicle special rules)\n- s.20 (handling of surplus proceeds)\n\n\nPractical takeaway (neutral)\n\n- For businesses: comply strictly with notice, publication and record requirements before selling uncollected goods; obtain police clearance for vehicles; keep sale records for the statutory period; be aware that bailee charges can have PPSA priority once a sale is executed under the Act (s.4A, s.9, s.19).\n- For owners/borrowers and secured parties: monitor notices and act within the statutory windows to protect ownership and security interests; if charges seem excessive or work defective, seek early dispute resolution or a Magistrates Court determination (s.7, s.11).\n\n(References: key provisions cited above are s.3, s.4, s.4A, s.5–s.11, s.15–s.20.)"},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The Act appears to have remained substantially true to its original intent: providing a structured legal mechanism for businesses holding uncollected goods to sell those goods after following prescribed notice and waiting procedures, while protecting the rights of owners and third parties. Amendments have modernised the Act (e.g., integrating the Personal Property Securities Act 2009 framework for priority of charges, updating court and police references) but have not materially expanded or contracted the core scope of who the Act applies to or what it regulates."},"complexity_factors":["Multiple sequential procedural steps with strict timeframes (6-month wait, 28-day notices, 1-month dispute windows, 14-day post-sale lodgement) that must all be followed in the correct order","Two parallel pathways for sale: court-ordered sale (Part 3) vs. direct sale under Part 2, each with different requirements and thresholds ($110 trigger for court order)","Special rules for pre-commencement goods and situations where the bailor's address is unknown, creating additional procedural variants","Interaction with multiple other pieces of legislation (Storage Liens Act 1973, Personal Property Securities Act 2009 (Cwlth), Hire-purchase Act 1959, Credit (Rural Finance) Act 1996, Public Trustee Act 1978, Justices Act 1886)","Specialised legal terminology (bailor, bailee, bailment, lien, security interest, statutory interest, prima facie evidence) requiring careful interpretation","Motor vehicles treated as a distinct subcategory with additional requirements (police notification, gazette publication, stolen vehicle certificate)","Dispute resolution mechanism with its own sub-procedures (notice to treat dispute as determined, Magistrates Court application) that modify the main timeline","Complex charge calculation rules with different formulas depending on whether a court order was obtained or not, including subsidiary charges","Provisions for third-party interests (owners who are not the bailor, hire-purchase creditors, security interest holders) adding layers of rights and obligations","Archaic drafting style (1967 legislation with amendments) making the text dense and difficult to parse, with frequent cross-references between sections"],"plain_english_summary":"## Disposal of Uncollected Goods Act 1967 (Queensland)\n\n### What does this law do?\n\nThis Queensland law sets out the rules for what happens when someone leaves their goods with a business — such as a mechanic, storage facility, or repair shop — and then **fails to collect them or pay the bill**.\n\nIt gives businesses (called **\"bailees\"** — meaning a party holding someone else's goods) the legal right to eventually **sell those uncollected goods** to recover their unpaid charges. But it also protects the person who owns the goods (the **\"bailor\"**) by requiring the business to follow strict steps before any sale can occur.\n\n---\n\n### Who does it affect?\n\n- **Businesses** (mechanics, repairers, storage operators, tow truck companies, etc.) who hold goods belonging to customers who won't pay or collect\n- **Customers** (individuals and businesses) who have left goods — including **motor vehicles** — with a service provider\n- **Third parties** with an interest in the goods (e.g., a finance company with a loan secured against the item)\n- **Buyers** who purchase goods at auction under this process\n\n---\n\n### The key rules\n\n**Step 1 — Notice at the premises:** The business must display a visible sign at their premises warning customers that uncollected goods may be sold under this law.\n\n**Step 2 — Notify the customer:** Once the goods are ready for pick-up, the business must send a written notice to the customer (and anyone else known to have an interest in the goods) saying the goods are ready and what the charges are.\n\n**Step 3 — Wait 6 months:** The business must wait at least **6 months** from the \"ready for collection\" notice before selling.\n\n**Step 4 — Give a sale warning notice:** At least **28 days** before the sale, another written notice must be sent and published in newspapers (and the Government Gazette if it's a motor vehicle).\n\n**Step 5 — Court order required for higher-value charges:** If the business claims more than **$110** in charges, it must get a **Magistrates Court order** authorising the sale before proceeding.\n\n**Step 6 — Public auction only:** The goods must be sold by **public auction**, separately from other goods.\n\n**Motor vehicles get extra protection:** Before selling any car, motorcycle, or other motor vehicle, the business must notify the **Police Commissioner** and get a certificate confirming the vehicle is not reported stolen.\n\n---\n\n### What happens with the money?\n\n- The business deducts what it's owed from the sale proceeds\n- If there's **money left over**, it must be paid to the **Public Trustee** within 14 days (unless the owner has already been paid directly)\n- The original owner can then claim that surplus\n- Unclaimed money held for **6 years** is treated as abandoned under the *Public Trustee Act 1978*\n- If the sale doesn't cover the full charges, the business can still **sue the customer** for the shortfall\n\n---\n\n### Protections for buyers at auction\n\nSomeone who buys goods at an auction held under this law gets **clear legal ownership** (called \"good title\") as long as they buy in good faith and don't know of any problems. However, the business (bailee) bears the burden of proving it followed all the rules if any dispute arises.\n\n---\n\n### Disputes about charges\n\nIf a customer disputes the charges (e.g., claims the repair was done poorly or the price is too high), the business's right to sell is **suspended** until the dispute is resolved — either by agreement, a special notice process, or a Magistrates Court ruling.\n\n---\n\n### Priority over loans and finance\n\nIf goods are sold under this Act, the business's unpaid charges take **priority over any finance company or lender** that has a security interest (e.g., a car loan) over the goods, under the federal *Personal Property Securities Act 2009*."}},"importantCases":[],"_links":{"self":"/api/acts/disposal-of-uncollected-goods-act-1967","history":"/api/acts/disposal-of-uncollected-goods-act-1967/history","analysis":"/api/acts/disposal-of-uncollected-goods-act-1967/analysis","conflicts":"/api/acts/disposal-of-uncollected-goods-act-1967/conflicts","importantCases":"/api/acts/disposal-of-uncollected-goods-act-1967/important-cases","documents":"/api/acts/disposal-of-uncollected-goods-act-1967/documents"}}