{"id":"unclaimed-goods-act-1987","name":"Unclaimed Goods Act 1987","slug":"unclaimed-goods-act-1987","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":110613,"registerId":"sa-unclaimed-goods-act-1987-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Unclaimed Goods Act 1987","content":"South Australia\nUnclaimed Goods Act 1987\nAn Act to provide for the disposal of unclaimed goods, and for other purposes.\n\nContents\n1\tShort title\n3\tInterpretation\n4\tAct binds Crown\n5\tUnclaimed goods\n6\tSale or disposal of unclaimed goods\n7\tClaim made by bailor after commencement of proceedings under this Act\n8\tProceeds of sale\n9\tPurchaser's title to goods sold under this Act\n10\tThis Act does not affect bailee's remedy under other Acts\n11\tRegulations\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\n1—Short title\nThis Act may be cited as the Unclaimed Goods Act 1987.\n3—Interpretation\n\t(1)\tIn this Act, unless the contrary intention appears—\nbailee means a person in possession of goods belonging to another;\nbailor means the owner of goods in the possession of a bailee;\nCourt means—\n\t(a)\tin relation to a question affecting unclaimed goods of which the value does not exceed $100 000—the Magistrates Court;\n\t(b)\tin relation to a question affecting unclaimed goods of which the value exceeds $100 000—the District Court or the Supreme Court;\nthe relevant date in relation to unclaimed goods means the date on which the goods become unclaimed goods for the purposes of this Act;\nscale 1 in relation to the value of unclaimed goods means a value of $100 or less;\nscale 2 in relation to the value of unclaimed goods means a value of more than $100 but less than $500;\nscale 3 means in relation to the value of unclaimed goods means a value of $500 or more.\n\t(2)\tThis Act applies to all goods in the possession of a bailee, including goods in the bailee's possession immediately before the commencement of this Act.\n4—Act binds Crown\nThis Act binds the Crown.\n5—Unclaimed goods\n\t(1)\tWhere a person (the bailee) is in possession of goods belonging to another (the bailor), those goods are unclaimed goods for the purposes of this Act—\n\t(a)\tif the bailee received the goods in pursuance of an agreement or understanding under which the bailor was to collect the goods at a certain time or within a certain period, and the bailor has failed to do so; or\n\t(b)\tif—\n\t(i)\tthe bailee has the goods in pursuance of an agreement or understanding under which the bailee was to deliver the goods to the bailor; and\n\t(ii)\tthe bailee, after making reasonable attempts to do so, has not been able to deliver the goods in accordance with the agreement or understanding; or\n\t(c)\tif there is no agreement or understanding governing the collection or delivery of the goods but the bailee has requested the bailor to collect the goods and the bailor has refused to do so or has, at the expiration of 42 days from the date of the request, not done so.\n\t(2)\tA request for the purposes of subsection (1)(c)—\n\t(a)\tmust state the address at which the goods are available for collection; and\n\t(b)\tmust contain a brief description of the goods; and\n\t(c)\tmust state the times at which, or the hours between which, the goods will be available for collection at that address; and\n\t(d)\tmay be made—\n\t(i)\tby post addressed to the last known address of the bailor; or\n\t(ii)\tif the identity or whereabouts of the bailor is unknown—by notice in the prescribed form published in a newspaper circulating generally throughout the State.\n\t(3)\tA request will not be regarded as having been validly made for the purposes of subsection (1)(c) unless it allows the bailor a reasonable opportunity to collect the goods to which it relates.\n6—Sale or disposal of unclaimed goods\n\t(1)\tSubject to this section, a bailee of unclaimed goods may, after the expiration of three months from the relevant date—\n\t(a)\tsell the goods; or\n\t(b)\tif the value of the goods would be insufficient to defray the costs of sale—otherwise dispose of the goods.\n\t(2)\tThe sale or disposal of goods under subsection (1) may be authorised, on the application of the bailee, by the Court and, if the value of the goods lies within scale 3, the goods must not be sold or disposed of without such an authorisation.\n\t(3)\tWhere a bailee applies for an authorisation under subsection (2)—\n\t(a)\tnotice of the application must be given to the Commissioner of Police; and\n\t(b)\tsuch notice (if any) as the Court thinks appropriate must be given to the bailor and any other person who, in the opinion of the Court, may have an interest in the goods.\n\t(4)\tWhere the Court grants an authorisation under subsection (2), it may give such directions in relation to the sale or disposal of the goods as it thinks fit.\n\t(5)\tIf the value of unclaimed goods lies within scale 1 or 2 the goods may be sold or disposed of under subsection (1) without any authorisation by the Court but if goods whose value lies within scale 2 are to be sold without such an authorisation—\n\t(a)\tthe goods must be sold by public auction; and\n\t(b)\tnotice in the prescribed form of the time and place of the proposed sale must be given at least one month before the date of the proposed sale—\n\t(i)\tto the Commissioner of Police; and\n\t(ii)\tto the bailor.\n\t(6)\tA notice under subsection (5)(b) may be given by post and, if the identity or whereabouts of the bailor is unknown, the notice to the bailor may be given by advertisement in a newspaper circulating generally throughout the State.\n7—Claim made by bailor after commencement of proceedings under this Act\n\t(1)\tSubject to subsection (2), where a bailee has commenced proceedings for the sale or disposal of goods under this Act but before the goods are sold or disposed of the bailor claims the goods, the bailee must not proceed with the sale or disposal of the goods, and must hand them over to the bailor.\n\t(2)\tThe bailee may, before handing over goods under subsection (1), require the bailor to pay—\n\t(a)\tthe reasonable costs incurred by the bailee in proceeding under this Act;\n\t(b)\tthe reasonable costs incurred by the bailee in storing and maintaining the goods after the date on which the bailor should have collected or taken delivery of them;\n\t(c)\tthe amount of any lien that the bailee has over the goods.\n\t(3)\tIf at the expiration of 42 days after the bailee has rendered a written account of the amounts claimed under subsection (2) the bailor has not paid those amounts, the bailee may, subject to subsection (4), proceed to sell or dispose of the goods.\n\t(4)\tThe bailor may apply to the Court for review of an account rendered under subsection (3) and, in that event—\n\t(a)\tthe goods must not be sold or disposed of until the review has been completed; and\n\t(b)\tthe Court may, on the review, disallow the bailee's charges in whole or in part.\n8—Proceeds of sale\n\t(1)\tThe proceeds of the sale of goods under this Act will be dealt with as follows:\n\t(a)\tthe bailee may retain from those proceeds—\n\t(i)\tthe reasonable costs of the sale and of proceeding under this Act;\n\t(ii)\tthe reasonable costs of storing and maintaining the goods prior to sale;\n\t(iii)\tthe amount of any lien that the bailee had over the goods; and\n\t(b)\tthe balance will be paid to the Treasurer.\n\t(2)\tIf the Treasurer is satisfied that a person—\n\t(a)\thad, prior to the sale, an interest in goods sold under this Act; or\n\t(b)\thas, after the sale, an interest in the proceeds of the sale of goods under this Act,\nthe Treasurer may pay to that person the whole or any part of the balance paid to the Treasurer in respect of the sale of those goods under subsection (1)(b).\n9—Purchaser's title to goods sold under this Act\n\t(1)\tA person who purchases goods that are sold in pursuance of this Act acquires a good title to the goods.\n\t(2)\tThe purchaser's title is free of—\n\t(a)\tany mortgage, lien or charge in favour of the bailee;\n\t(b)\tany other mortgage, lien or charge affecting the goods at the time of the sale of which the purchaser was then unaware.\n10—This Act does not affect bailee's remedy under other Acts\nThis Act does not affect a bailee's right to dispose of goods in accordance with any other Act.\n11—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by this Act or as are necessary or expedient for the purposes of this Act.\n\t(2)\tIn particular the regulations may—\n\t(a)\tprescribe the information to be contained in any notice required to be given under this Act; and\n\t(b)\tvary the scales of values fixed under section 3.\nLegislative history\nNotes\n\t•\tAmendments of this version that are uncommenced are not incorporated into the text.\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n1987\n15\n Unclaimed Goods Act 1987\n9.4.1987\n1.8.1987 (Gazette 30.7.1987 p273)\n1993\n62\n Statutes Amendment (Courts) Act 1993\n27.5.1993\ns 41—1.7.1993 (Gazette 24.6.1993 p2047)\n2001\n69\n Statutes Amendment (Courts and Judicial Administration) Act 2001\n6.12.2001\nPt 15 (ss 33 & 34)—3.2.2002 (Gazette 24.1.2002 p346)\n2011\n11\n Statutes Amendment (Personal Property Securities) Act 2011\n14.4.2011\nPt 25 (s 65)—16.6.2011 (Gazette 16.6.2011 p2610)\n2012\n43\n Statutes Amendment (Courts Efficiency Reforms) Act 2012\n22.11.2012\nPt 14 (ss 43 & 44)—1.7.2013 (Gazette 16.5.2013 p1541)\n2025\n77\nUnclaimed Goods (Miscellaneous) Amendment Act 2025\n4.12.2025\nPt 2 (ss 3 to 12) & Sch 1 (cl 2)—uncommenced\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\ns 2\nomitted under Legislation Revision and Publication Act 2002\n\ns 3\n\n\ns 3(1)\n\n\nthe Court\ndeleted by 62/1993 s 41\n1.7.1993\nCourt\ninserted by 62/1993 s 41\n1.7.1993\n\namended by 69/2001 s 33\n3.2.2002\n\namended by 43/2012 s 43\n1.7.2013\ns 8\n\n\ns 8(2)\nsubstituted by 11/2011 s 65\n16.6.2011\nTransitional etc provisions associated with Act or amendments\nStatutes Amendment (Courts and Judicial Administration) Act 2001\n34—Transitional provision\nThe amendments made to the principal Act by this Part—\n\t(a)\tdo not apply in respect of proceedings commenced before the commencement of this Part (and those proceedings may continue as if this Act had not been enacted); and\n\t(b)\tapply in respect of proceedings commenced after the commencement of this Part (including proceedings in respect of a claim arising before the commencement of this Part).\nStatutes Amendment (Courts Efficiency Reforms) Act 2012\n44—Transitional provision\nThe amendment made to the Unclaimed Goods Act 1987 by this Part—\n\t(a)\tdoes not apply in respect of proceedings commenced before the commencement of this Part (and those proceedings may continue as if this Act had not been enacted); and\n\t(b)\tapplies in respect of proceedings commenced on or after the commencement of this Part (including proceedings in respect of a claim arising before the commencement of this Part).\nHistorical versions\nReprint No 1—1.7.1993\n\nReprint No 2—3.2.2002\n\n16.6.2011\n\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The Act has been amended to update court jurisdictions and value thresholds, but its fundamental purpose—providing a legal mechanism for bailees to dispose of unclaimed goods—remains unchanged."},"complexity_factors":["Defined terms: bailee, bailor, Court, relevant date, three value scales","Tiered procedural rules based on value scales (scale 1, 2, 3)","Multiple conditions for goods becoming unclaimed (three scenarios in s5)","Procedural requirements: notice to police/bailor, court applications, auctions, timeframes","Interaction with other Acts (s10) and regulation-making power (s11)"],"plain_english_summary":"This Act creates a legal process for a person or business (called the **bailee**) who is holding goods that belong to someone else (the **bailor**) to sell or dispose of those goods if the bailor has not collected them. The goods become 'unclaimed' in three situations:\n- The bailor was supposed to collect them by a certain time but didn't.\n- The bailee was supposed to deliver them but couldn't after reasonable attempts.\n- There was no collection or delivery agreement, the bailee asked the bailor to collect, and the bailor refused or didn't collect within 42 days.\n\nOnce goods are unclaimed, the bailee must wait three months before selling or disposing of them. The rules depend on the goods' value:\n- **Scale 1** ($100 or less): The bailee can sell or dispose without court approval.\n- **Scale 2** (over $100 but less than $500): The bailee must sell by public auction and give notice to the Commissioner of Police and the bailor at least one month in advance.\n- **Scale 3** ($500 or more): The bailee must get a court order before selling or disposing.\n\nIf the bailor claims the goods before they are sold, the bailee must hand them over, but can demand payment for reasonable costs incurred (e.g., storage, legal fees, any lien). If the bailor doesn't pay within 42 days of receiving an itemised account, the bailee can proceed with the sale. The bailor can ask the court to review those charges.\n\n**Proceeds of sale**: The bailee can keep the costs of sale, storage, and any lien. Any remaining money must be paid to the **Treasurer**. The Treasurer can repay someone who proves they had an interest in the goods or proceeds.\n\n**Buyer's title**: Anyone who buys unclaimed goods under this Act gets a good title, free of any mortgage, lien, or charge from the bailee, and free of other encumbrances the buyer didn't know about.\n\nThis Act does not stop a bailee from using other laws (e.g., repairers' liens) to dispose of goods. The Governor can make regulations to fill in details.\n\n**Why it matters**: It gives businesses (like repair shops, storage facilities, or tradespeople) a clear, legal way to clear out unclaimed items without being stuck with them forever, while still protecting the original owner's right to reclaim them (by paying outstanding costs). It balances property rights with the practical need to deal with abandoned goods."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of providing a statutory mechanism for disposing of unclaimed goods. The amendments shown in the legislative history are minor procedural updates—adjusting court jurisdiction thresholds, updating references to modernise court structures, and accommodating the Personal Property Securities Act 2009 (Cth). The 2025 amendment appears to be technical in nature. There is no evidence of scope creep into unrelated areas such as consumer protection, tenancy law, or commercial disputes beyond the specific bailment scenario."},"complexity_factors":["Only 11 sections with straightforward sequential structure","7 defined terms in the interpretation section, all with clear, functional definitions","Simple conditional logic based on three value tiers (scales 1-3) with distinct procedural requirements for each","Minimal cross-referencing—primarily internal references to subsections within the same section","Clear delineation between court-involved and non-court-involved processes","No nested exceptions or complex temporal calculations beyond the 3-month and 42-day waiting periods","Single purpose legislation without ancillary regulatory schemes or delegated powers beyond basic regulation-making"],"plain_english_summary":"This South Australian law sets out the rules for what happens when someone (called a **bailee**) is holding goods that belong to someone else (called a **bailor**) and the owner doesn't collect them.\n\n**When goods become \"unclaimed\":**\nGoods are considered unclaimed when:\n- The owner was supposed to pick them up by a certain time but didn't show up\n- The holder tried to deliver the goods but couldn't reach the owner after reasonable attempts\n- There's no agreement about collection, and the owner either refuses to collect or ignores a written request for 42 days\n\n**What the holder can do with unclaimed goods:**\nAfter waiting 3 months, the holder can sell or dispose of the goods, but the rules depend on value:\n- **Low value ($100 or less)**: Can be sold or thrown away without court approval\n- **Medium value ($100-$500)**: Can be sold without court approval, but must be by public auction with 1 month's notice to police and the owner\n- **High value ($500+)**: Must get court approval before selling, with notice to police and interested parties\n\n**What happens to the money:**\nThe holder can keep money to cover:\n- Costs of the sale and legal proceedings\n- Storage fees\n- Any debt owed by the owner (called a **lien**)\n\nAny leftover money goes to the State Treasurer, who can pay it out to people who prove they had an interest in the goods.\n\n**Protection for buyers:**\nAnyone who buys goods under this law gets clear ownership, free from any previous debts or claims attached to the goods.\n\n**If the owner shows up late:**\nIf the owner claims the goods after the holder has started legal proceedings but before the sale, the holder must return the goods—but can demand payment for storage costs and legal fees first. If the owner disputes these costs, they can ask the court to review them."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Unable to assess whether the scope changed from original intent — no legislative text was provided. The content returned was a website error page, not the Act itself."},"complexity_factors":["No legislative text was retrievable — a 404 error was returned instead of the Act's content","Cannot assess actual complexity without the text","Score of 1 reflects absence of analysable content, not simplicity of the underlying law"],"plain_english_summary":"**⚠️ Content Unavailable**\n\nThe actual text of the *Unclaimed Goods Act 1987* (South Australia) could not be retrieved. The link provided returned a **404 'Page Not Found' error** from the South Australian legislation website, likely due to a website restructure that occurred around **24 March 2026**.\n\n**What we do know from the title:**\nThis Act would deal with rules around goods that have been abandoned or left unclaimed — for example, items left with a business, storage facility, or tradespeople that the owner never collects. It would typically cover:\n- How long a business must hold onto unclaimed goods before they can act\n- What steps must be taken to notify the owner\n- What can be done with goods after the notice period (e.g., sold, disposed of)\n- Any obligation to return money from a sale to the original owner\n\n**Who it would affect:** Businesses, tradespeople, storage operators, and members of the public who leave goods with others.\n\n*To access the actual legislation, visit [www.legislation.sa.gov.au](https://www.legislation.sa.gov.au) and search for the Unclaimed Goods Act 1987 directly.*"}},"importantCases":[],"_links":{"self":"/api/acts/unclaimed-goods-act-1987","history":"/api/acts/unclaimed-goods-act-1987/history","analysis":"/api/acts/unclaimed-goods-act-1987/analysis","conflicts":"/api/acts/unclaimed-goods-act-1987/conflicts","importantCases":"/api/acts/unclaimed-goods-act-1987/important-cases","documents":"/api/acts/unclaimed-goods-act-1987/documents"}}