{"id":"nsw:act-1995-068","name":"Uncollected Goods Act 1995","slug":"uncollected-goods-act-1995","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"68 of 1995","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105835,"registerId":"nsw-act-1995-068-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act is the [Uncollected Goods Act 1995](/view/html/inforce/current/act-1995-068).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act commences on a day to be appointed by proclamation.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> In this Act—\n> \n> bailed goods means goods subject to bailment, and includes goods held by the Sheriff following their seizure under a writ of execution.\n> \n> bailment includes bailment for reward, bailment in the course of business, gratuitous bailment, involuntary bailment or any sub-bailment, but does not include anything excluded from this definition by the regulations.\n> \n> depositor means the person who gives possession of goods (whether or not the person is the owner of the goods), and includes a bailor.\n> \n> dispose of includes sell or destroy.\n> \n> goods means all chattels personal, other than things excluded from this definition by the regulations.\n> \n> publicly registered interest, in relation to goods, means—\n> \n> > (a) in the case of a motor vehicle or a boat or vessel—a security interest in the motor vehicle or the boat or vessel recorded in the Personal Property Securities Register under the [Personal Property Securities Act 2009](http://www.legislation.gov.au/) of the Commonwealth, or\n> \n> > (b) in the case of any other goods—an interest in the goods recorded in a register (whether of the Commonwealth or the State) that is prescribed by the regulations.\n> \n> receiver means the person who takes possession of goods, and includes a bailee.\n> \n> relevant charges—see section 28.\n> \n> Tribunal means the Civil and Administrative Tribunal.\n> \n> uncollected goods means goods that are uncollected as referred to in section 5.\n> \n> **s 3:** Am 1997 No 141, Sch 1.13 \\[1\\]; 2010 No 57, Sch 1.24 \\[1\\]; 2018 No 79, Sch 3.1\\[2\\] \\[3\\].","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":null,"content":"#### 4\n\n4 (Repealed)","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"When goods uncollected for purposes of Act","content":"#### 5 When goods uncollected for purposes of Act\n\n5 When goods uncollected for purposes of Act\n\n> > (1) Bailed goods are uncollected for the purposes of this Act if—\n> > \n> > > (a) the goods are ready for delivery to the depositor in accordance with the terms of the bailment, but the depositor has failed to take delivery of the goods or, if those terms so provide, to give directions as to their delivery, or\n> > \n> > > (b) the receiver is required to give notice to the depositor before the goods are so ready for delivery, but is unable to trace or communicate with the depositor, or\n> > \n> > > (c) the receiver can reasonably expect to be relieved of any duty to safeguard the goods on giving notice to the depositor, but is unable to trace or communicate with the depositor.\n> \n> > (2) Goods are also uncollected goods if—\n> > \n> > > (a) a park owner reasonably believes the goods have been abandoned or left by the occupant on the site when an occupation agreement is terminated (within the meaning of the [Holiday Parks (Long-term Casual Occupation) Act 2002](/view/html/inforce/current/act-2002-088)), or\n> > \n> > > (b) an operator reasonably believes the goods have been abandoned or left behind on residential premises when an agreement is terminated or on common property in the community (within the meaning of the [Residential (Land Lease) Communities Act 2013](/view/html/inforce/current/act-2013-097)), or\n> > \n> > > (c) a landlord reasonably believes the goods have been abandoned or left behind by the tenant or an occupant of the premises after vacant possession of the premises is obtained or the premises are abandoned (within the meaning of the [Residential Tenancies Act 2010](/view/html/inforce/current/act-2010-042)), or\n> > \n> > > (d) an operator reasonably believes the goods have been abandoned or left behind on residential premises when a residence contract is terminated or on common property within the retirement village (within the meaning of the [Retirement Villages Act 1999](/view/html/inforce/current/act-1999-081)), or\n> > \n> > > (e) an owners corporation reasonably believes the goods have been abandoned or left behind on common property of a strata scheme (within the meaning of the [Strata Schemes Management Act 2015](/view/html/inforce/current/act-2015-050)), or\n> > \n> > > (e1) an owners corporation reasonably believes the goods have been abandoned or left behind on the lot of an owner in a strata scheme, within the meaning of the [Strata Schemes Management Act 2015](/view/html/inforce/current/act-2015-050) and acts with the consent of the owner, or\n> > \n> > > (f) the goods are of a kind prescribed by the regulations.\n> \n> **s 5:** Am 2018 No 79, Sch 3.1\\[5\\]; 2025 No 14, Sch 3.8.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"When Act available for disposal of uncollected goods","content":"#### 6 When Act available for disposal of uncollected goods\n\n6 When Act available for disposal of uncollected goods\n\n> > (1) This Act is available for the disposal of uncollected goods where there is no agreement between the parties on the means of their disposal. If there is such an agreement, this Act applies to any aspect of the disposal of those goods that is not dealt with in the agreement.\n> \n> > (2) This Act is also available as an alternative to other statutory means of disposal of particular uncollected goods. However, it is not available as an alternative to the following—\n> > \n> > > (a) the [Passenger Transport Act 1990](/view/html/inforce/current/act-1990-039),\n> > \n> > > (b) the [Passenger Transport Act 2014](/view/html/inforce/current/act-2014-046),\n> > \n> > > (c) the [Pawnbrokers and Second-hand Dealers Act 1996](/view/html/inforce/current/act-1996-013),\n> > \n> > > (d) the [Storage Liens Act 1935](/view/html/inforce/current/act-1935-019),\n> > \n> > > (e) the [Transport Administration Act 1988](/view/html/inforce/current/act-1988-109),\n> > \n> > > (f) the [Unclaimed Money Act 1995](/view/html/inforce/current/act-1995-075),\n> > \n> > > (g) any other Act or instrument prescribed by the regulations.\n> \n> > (3) (Repealed)\n> \n> **s 6:** Am 1996 No 13, Sch 1.3; 2001 No 56, Sch 2.46; 2018 No 79, Sch 3.1\\[6\\].","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"No liability for due disposal of uncollected goods","content":"#### 7 No liability for due disposal of uncollected goods\n\n7 No liability for due disposal of uncollected goods\n\n> A person does not incur any liability in respect of the disposal of uncollected goods in accordance with this Act or in accordance with an order of the Tribunal.\n> \n> **s 7:** Subst 2018 No 79, Sch 3.1\\[7\\].","sortOrder":8},{"sectionNumber":"Part 2","sectionType":"part","heading":null,"content":"# Part 2\n\nPart 2\n\n8–18 (Repealed)\n\n**pt 2:** Rep 2018 No 79, Sch 3.1\\[8\\].\n\n**s 8:** Am 2007 No 94, Sch 2; 2010 No 57, Sch 1.24 \\[2\\]. Rep 2018 No 79, Sch 3.1\\[8\\].\n\n**s 9:** Am 2007 No 94, Sch 3. Rep 2018 No 79, Sch 3.1\\[8\\].\n\n**s 10:** Rep 2018 No 79, Sch 3.1\\[8\\].\n\n**s 11:** Am 2007 No 94, Sch 3. Rep 2018 No 79, Sch 3.1\\[8\\].\n\n**s 12:** Rep 2018 No 79, Sch 3.1\\[8\\].\n\n**s 13:** Rep 2018 No 79, Sch 3.1\\[8\\].\n\n**s 14:** Am 2001 No 56, Sch 2.46. Rep 2018 No 79, Sch 3.1\\[8\\].\n\n**s 15:** Rep 2018 No 79, Sch 3.1\\[8\\].\n\n**s 16:** Am 2007 No 94, Sch 1.98 \\[1\\]. Rep 2018 No 79, Sch 3.1\\[8\\].\n\n**s 17:** Am 2006 No 120, Sch 2.106; 2007 No 94, Schs 1.98 \\[2\\], 3. Rep 2018 No 79, Sch 3.1\\[8\\].\n\n**s 18:** Am 1997 No 141, Sch 1.13 \\[2\\]–\\[5\\]; 2007 No 94, Sch 2. Rep 2018 No 79, Sch 3.1\\[8\\].","sortOrder":9},{"sectionNumber":"Part 3","sectionType":"part","heading":"Disposal of uncollected goods after due notice to depositor","content":"# Part 3 Disposal of uncollected goods after due notice to depositor\n\nPart 3 Disposal of uncollected goods after due notice to depositor","sortOrder":10},{"sectionNumber":"19","sectionType":"section","heading":"Application of Part","content":"#### 19 Application of Part\n\n19 Application of Part\n\n> This Part applies to uncollected goods, other than bailed goods in respect of which a dispute exists between the depositor and the receiver as to—\n> \n> > (a) the amount of any charge made by the receiver for the carriage or storage of the goods or for repairs or other work done in connection with the goods, or\n> \n> > (b) the condition of the goods or the nature or quality of any repairs or other work done in connection with the goods.\n> \n> **ss 19–21:** Subst 2018 No 79, Sch 3.1\\[9\\].","sortOrder":11},{"sectionNumber":"20","sectionType":"section","heading":"Low value uncollected goods","content":"#### 20 Low value uncollected goods\n\n20 Low value uncollected goods\n\n> > (1) This section applies to uncollected goods with a value of less than $1,000 (low value uncollected goods).\n> \n> > (2) A receiver may dispose of low value uncollected goods in an appropriate manner if the depositor—\n> > \n> > > (a) has been given oral or written notice of the receiver’s intention to dispose of the goods, and\n> > \n> > > (b) has been given at least 14 days, from the date when notice was given, within which to collect the goods.\n> \n> > (3) The receiver may move or store low value uncollected goods in an appropriate manner.\n> \n> **ss 19–21:** Subst 2018 No 79, Sch 3.1\\[9\\].","sortOrder":12},{"sectionNumber":"21","sectionType":"section","heading":"Medium value uncollected goods","content":"#### 21 Medium value uncollected goods\n\n21 Medium value uncollected goods\n\n> > (1) This section applies to uncollected goods with a value equal to or more than $1,000 but less than $20,000 (medium value uncollected goods).\n> \n> > (2) A receiver may dispose of medium value uncollected goods by way of public auction or by private sale for a fair value if the depositor—\n> > \n> > > (a) has been given written notice of the receiver’s intention to dispose of the goods, and\n> > \n> > > (b) has been given at least 28 days, from the date when notice was given, within which to collect the goods.\n> \n> > (3) The receiver may move or store medium value uncollected goods in an appropriate manner.\n> \n> **ss 19–21:** Subst 2018 No 79, Sch 3.1\\[9\\].","sortOrder":13},{"sectionNumber":"22","sectionType":"section","heading":"High value uncollected goods","content":"#### 22 High value uncollected goods\n\n22 High value uncollected goods\n\n> > (1) This section applies to uncollected goods with a value of at least $20,000 (high value uncollected goods).\n> \n> > (2) A receiver must not dispose of high value uncollected goods otherwise than in accordance with an order of the Tribunal.\n> > \n> > Maximum penalty—200 penalty units.\n> \n> > (3) A receiver may apply to the Tribunal for an order specifying the way in which the uncollected goods are to be disposed of.\n> \n> > (4) The receiver may move or store high value uncollected goods in an appropriate manner.\n> \n> **s 22:** Am 2017 No 25, Sch 3.4. Subst 2018 No 79, Sch 3.1\\[9\\].","sortOrder":14},{"sectionNumber":"22A","sectionType":"section","heading":"Personal documents","content":"#### 22A Personal documents\n\n22A Personal documents\n\n> > (1) This section applies to personal documents that are uncollected goods.\n> \n> > (2) A receiver may dispose of personal documents if the depositor—\n> > \n> > > (a) has been given written notice of the receiver’s intention to dispose of the documents, and\n> > \n> > > (b) has been given at least 28 days, from the date when notice was given, within which to collect the documents.\n> \n> > (3) Personal documents must be disposed of by way of a secure destruction method or by returning the documents to their author.\n> \n> > (4) In this section—\n> > \n> > personal document means—\n> > \n> > > (a) a birth certificate, passport or other identity document, or\n> > \n> > > (b) bank books or other financial statements or documents, or\n> > \n> > > (c) photographs and other personal memorabilia, or\n> > \n> > > (d) licences or other documents conferring authorities, rights or qualifications, or\n> > \n> > > (e) any other record, or class of record, prescribed by the regulations for the purposes of this definition.\n> \n> **s 22A:** Ins 2018 No 79, Sch 3.1\\[9\\].","sortOrder":15},{"sectionNumber":"23","sectionType":"section","heading":"Sections 19–22—variation of monetary limits","content":"#### 23 Sections 19–22—variation of monetary limits\n\n23 Sections 19–22—variation of monetary limits\n\n> The regulations may vary the monetary limits referred to in sections 19–22.","sortOrder":16},{"sectionNumber":"24","sectionType":"section","heading":"Perishable goods and rubbish","content":"#### 24 Perishable goods and rubbish\n\n24 Perishable goods and rubbish\n\n> > (1) Nothing in this Part prevents a receiver from disposing of rubbish or perishable uncollected goods.\n> \n> > (1A) A receiver is not required to give a depositor notice of the receiver’s intention to dispose of the goods.\n> \n> > (2) Goods may be disposed of under this section in such manner as the receiver considers appropriate.\n> \n> **s 24:** Am 2018 No 79, Sch 3.1\\[10\\].","sortOrder":17},{"sectionNumber":"25","sectionType":"section","heading":"Persons to whom notices not required to be given","content":"#### 25 Persons to whom notices not required to be given\n\n25 Persons to whom notices not required to be given\n\n> Nothing in this Part requires notice to be given to a person (other than the depositor and any person who has a publicly registered interest in the goods) if the receiver—\n> \n> > (a) is unaware of the fact that the person has or claims an interest in the goods, or\n> \n> > (b) cannot trace or communicate with the person.","sortOrder":18},{"sectionNumber":"26","sectionType":"section","heading":"Form of notices","content":"#### 26 Form of notices\n\n26 Form of notices\n\n> Notice under this Part must include—\n> \n> > (a) the receiver’s name, and\n> \n> > (b) a description of the goods, and\n> \n> > (c) an address where the goods may be collected, and\n> \n> > (d) a statement of the relevant charges due to the receiver in respect of the goods, and\n> \n> > (e) a statement to the effect that, on or after a specified date, the goods will be disposed of unless they are first collected and the relevant charges are paid, and\n> \n> > (f) if applicable, a statement to the effect that the person will retain, out of the proceeds of sale of the goods, an amount not exceeding the relevant charges.","sortOrder":19},{"sectionNumber":"27","sectionType":"section","heading":"Service of documents","content":"#### 27 Service of documents\n\n27 Service of documents\n\n> > (1) A document that is authorised or required by this Act or the regulations to be served on a person may be served by the following methods—\n> > \n> > > (a) for an individual—by personal delivery to the person,\n> > \n> > > (b) by post to the address specified by the person for the service of documents of that kind,\n> > \n> > > (c) for an individual who has not specified an address for service by post—by post to the residential or business address of the person last known to the person serving the document,\n> > \n> > > (d) for a corporation—by post to the registered or other office of the corporation or by leaving the document at the office with a person apparently over the age of 16 years,\n> > \n> > > (e) by email to an email address specified by the person for the service of documents of that kind,\n> > \n> > > (f) by other electronic means to an address or location specified by the person for the service of documents of that kind,\n> > \n> > > (g) by another method authorised by the regulations for the service of documents of that kind.\n> \n> > (2) Nothing in this section affects the operation of a provision of a law or of the rules of a court authorising a document to be served on a person by another method.\n> \n> > (3) In this section—\n> > \n> > serve includes give or send.\n> \n> **s 27:** Subst 2017 No 25, Sch 1.38; 2024 No 25, Sch 6.21.","sortOrder":20},{"sectionNumber":"28","sectionType":"section","heading":"Relevant charges due to receiver","content":"#### 28 Relevant charges due to receiver\n\n28 Relevant charges due to receiver\n\n> > (1) For the purposes of this Part, the amount of the **relevant charges** due to a receiver in respect of uncollected goods is the sum of the following amounts—\n> > \n> > > (a) the amount agreed on between the depositor and the receiver (or, in the absence of such an agreement, such amount as is reasonable) as the charges due to the receiver for any carriage or storage of the goods or for any repairs or other work done in connection with the goods,\n> > \n> > > (b) the amount of the costs incurred by the receiver (in respect of the period beginning with the date when the notice about the disposal of the goods was given to the depositor and ending with the date when the goods are disposed of) for any carriage, storage, maintenance or insurance of the goods,\n> > \n> > > (c) the amount of the costs incurred by the receiver for the disposal of the goods in accordance with this Part.\n> \n> > (2) This section does not apply to personal documents.\n> \n> **s 28:** Am 2018 No 79, Sch 3.1\\[11\\]; 2022 No 59, Sch 1.36.","sortOrder":21},{"sectionNumber":"29","sectionType":"section","heading":"Proceeds of sale","content":"#### 29 Proceeds of sale\n\n29 Proceeds of sale\n\n> > (1) From the proceeds of sale of goods under this Part, the receiver is entitled to retain the relevant charges due to the receiver in respect of the goods.\n> \n> > (2) The balance (if any) of the proceeds of sale are to be dealt with as if the receiver were a business and the money were unclaimed money for the purposes of the [Unclaimed Money Act 1995](/view/html/inforce/current/act-1995-075).\n> \n> > (3) If the proceeds of sale are insufficient to pay the relevant charges due to the receiver in respect of the goods, the receiver may recover the amount of the deficiency from the depositor, as a debt, in any court of competent jurisdiction.\n> \n> **s 29:** Am 2001 No 56, Sch 2.46.","sortOrder":22},{"sectionNumber":"30","sectionType":"section","heading":"Records","content":"#### 30 Records\n\n30 Records\n\n> > (1A) This section applies to low value uncollected goods, medium value uncollected goods, high value uncollected goods and personal documents.\n> \n> > (1) Within 7 days after disposing of goods in accordance with this Part, a receiver must prepare a record of the following particulars—\n> > \n> > > (a) a description of the goods disposed of,\n> > \n> > > (b) the date on which the goods were disposed of,\n> > \n> > > (c) the manner in which the goods were disposed of,\n> > \n> > > (d) in the case of goods that have been sold—\n> > > \n> > > > • the name and address of the person to whom they were sold, and\n> > > \n> > > > • the amount of the proceeds of the sale, and\n> > > \n> > > > • the amount retained by the receiver to cover the relevant charges due to the receiver in respect of the goods,\n> > \n> > > (e) in the case of goods sold by public auction—the name, and the address of the principal place of business, of the auctioneer by whom the goods were sold.\n> \n> > (2) A record prepared under this section must—\n> > \n> > > (a) be kept by the receiver for at least the following period from the date on which the goods were disposed of—\n> > > \n> > > > (i) in relation to low value uncollected goods—12 months,\n> > > \n> > > > (ii) in any other case—6 years, and\n> > \n> > > (b) be made available by the receiver, on request, for inspection by the depositor or by any other person claiming an interest in the goods.\n> \n> Maximum penalty—5 penalty units.\n> \n> **s 30:** Am 2018 No 79, Sch 3.1\\[12\\] \\[13\\].","sortOrder":23},{"sectionNumber":"31","sectionType":"section","heading":"Sale of uncollected motor vehicles","content":"#### 31 Sale of uncollected motor vehicles\n\n31 Sale of uncollected motor vehicles\n\n> > (1) A person must not sell a motor vehicle under this Part unless the Commissioner of Police has issued the person with a certificate to the effect that the motor vehicle is not for the time being recorded as being stolen and the person has obtained a written search result (within the meaning of section 174 of the [Personal Property Securities Act 2009](http://www.legislation.gov.au/) of the Commonwealth) in relation to the vehicle.\n> > \n> > Maximum penalty—5 penalty units.\n> \n> > (2) An application for such a certificate—\n> > \n> > > (a) must specify the make, model, type, colour, registration number (if any), chassis number (if any) and engine number (if any) of the motor vehicle, and\n> > \n> > > (b) must be served on the Commissioner of Police at least 28 days before the motor vehicle is to be sold.\n> \n> **s 31:** Am 2018 No 79, Sch 3.1\\[14\\].","sortOrder":24},{"sectionNumber":"Part 3A","sectionType":"part","heading":"Disposal of uncollected goods by way of Tribunal order","content":"# Part 3A Disposal of uncollected goods by way of Tribunal order\n\nPart 3A Disposal of uncollected goods by way of Tribunal order\n\n**pt 3A (ss 31A, 31B):** Ins 2018 No 79, Sch 3.1\\[15\\].","sortOrder":25},{"sectionNumber":"31A","sectionType":"section","heading":"Receiver may seek Tribunal direction","content":"#### 31A Receiver may seek Tribunal direction\n\n31A Receiver may seek Tribunal direction\n\n> > (1) The Tribunal may, on application by a receiver, make any one or more of the following orders—\n> > \n> > > (a) an order authorising the removal or other disposal of uncollected goods,\n> > \n> > > (b) an order directing that notice of any action or proposed action in relation to uncollected goods be given to the depositor, the legal personal representative of a depositor or any other person,\n> > \n> > > (c) an order authorising the sale of uncollected goods,\n> > \n> > > (d) an order as to the manner of sale of uncollected goods,\n> > \n> > > (e) an order as to the payment of the proceeds of sale of uncollected goods,\n> > \n> > > (f) any ancillary order that the Tribunal, in the circumstances, thinks appropriate.\n> \n> > (2) A receiver must deal with goods in accordance with an order of the Tribunal under this section and not in accordance with the other provisions of this Act relating to disposal of goods.\n> \n> > (3) This section does not apply to perishable goods.\n> \n> **pt 3A (ss 31A, 31B):** Ins 2018 No 79, Sch 3.1\\[15\\].","sortOrder":26},{"sectionNumber":"31B","sectionType":"section","heading":"Orders by Tribunal relating to uncollected goods","content":"#### 31B Orders by Tribunal relating to uncollected goods\n\n31B Orders by Tribunal relating to uncollected goods\n\n> > (1) The Tribunal may, on application by a depositor or a person who has an interest in uncollected goods, make any of the following orders—\n> > \n> > > (a) an order requiring the receiver to pay compensation for uncollected goods disposed of by the receiver otherwise than in accordance with this Act,\n> > \n> > > (b) an order requiring the receiver to pay compensation for uncollected goods damaged after being left in the possession of the receiver and before being claimed by the person entitled to them,\n> > \n> > > (c) an order that the receiver deliver uncollected goods into the depositor’s or other person’s possession,\n> > \n> > > (d) an order requiring the receiver to pay the proceeds of sale, or an amount equivalent to the value of the uncollected goods, to the depositor or person,\n> > \n> > > (e) any ancillary order that the Tribunal, in the circumstances, thinks appropriate.\n> \n> > (2) An application for an order under this section must be made within the period prescribed by the regulations.\n> \n> **pt 3A (ss 31A, 31B):** Ins 2018 No 79, Sch 3.1\\[15\\].","sortOrder":27},{"sectionNumber":"Part 4","sectionType":"part","heading":"Miscellaneous","content":"# Part 4 Miscellaneous\n\nPart 4 Miscellaneous","sortOrder":28},{"sectionNumber":"32","sectionType":"section","heading":null,"content":"#### 32\n\n32 (Repealed)","sortOrder":29},{"sectionNumber":"33","sectionType":"section","heading":"Common law","content":"#### 33 Common law\n\n33 Common law\n\n> The common law relating to the bailment of goods remains in force to the extent to which it is not affected by this Act and a person is entitled to exercise any rights that the person may have at common law in relation to the recovery of goods or compensation for the loss of or damage to goods except to the extent to which this Act otherwise provides (for example, section 7).","sortOrder":31},{"sectionNumber":"34","sectionType":"section","heading":"Purchasers acquire good title","content":"#### 34 Purchasers acquire good title\n\n34 Purchasers acquire good title\n\n> The purchaser of any goods sold under this Act acquires a good title to the goods, free from any interest that may have existed in the goods in favour of some other person before the goods were sold, if the purchaser buys them—\n> \n> > (a) without notice of any failure by the receiver to comply with the provisions of this Act, and\n> \n> > (b) without notice of any defect or want of title in the depositor.","sortOrder":32},{"sectionNumber":"35","sectionType":"section","heading":"Burden of proof","content":"#### 35 Burden of proof\n\n35 Burden of proof\n\n> In any proceedings by or against a person in respect of goods that the person claims have been disposed of in accordance with the provisions of this Act, the burden of proving that the goods have been so disposed of rests on that person.","sortOrder":33},{"sectionNumber":"36","sectionType":"section","heading":"Act binds Crown","content":"#### 36 Act binds Crown\n\n36 Act binds Crown\n\n> This Act binds the Crown in right of New South Wales and, in so far as the legislative power of Parliament permits, the Crown in all its other capacities.","sortOrder":34},{"sectionNumber":"37","sectionType":"section","heading":"Proceedings for offences","content":"#### 37 Proceedings for offences\n\n37 Proceedings for offences\n\n> Proceedings for an offence against this Act or the regulations are to be dealt with summarily before the Local Court.\n> \n> **s 37:** Am 2007 No 94, Sch 4.","sortOrder":35},{"sectionNumber":"38","sectionType":"section","heading":"Regulations","content":"#### 38 Regulations\n\n38 Regulations\n\n> > (1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n> \n> > (2) In particular, the regulations may make provision for or with respect to—\n> > \n> > > (a) the keeping of records under this Act, and\n> > \n> > > (b) the valuation of goods for the purposes of this Act.\n> \n> > (3) The regulations may create offences punishable by a penalty not exceeding 10 penalty units.","sortOrder":36},{"sectionNumber":"39","sectionType":"section","heading":"Repeal of Disposal of Uncollected Goods Act 1966 No 57","content":"#### 39 Repeal of Disposal of Uncollected Goods Act 1966 No 57\n\n39 Repeal of [Disposal of Uncollected Goods Act 1966 No 57](/view/pdf/asmade/act-1966-57)\n\n> The [Disposal of Uncollected Goods Act 1966](/view/pdf/asmade/act-1966-57) is repealed.","sortOrder":37},{"sectionNumber":"40","sectionType":"section","heading":"Savings, transitional and other provisions","content":"#### 40 Savings, transitional and other provisions\n\n40 Savings, transitional and other provisions\n\n> Schedule 1 has effect.","sortOrder":38},{"sectionNumber":"41","sectionType":"section","heading":"Review of Act","content":"#### 41 Review of Act\n\n41 Review of Act\n\n> > (1) The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.\n> \n> > (2) The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to this Act.\n> \n> > (3) A report of the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.","sortOrder":39},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Savings, transitional and other provisions","content":"# Schedule 1 Savings, transitional and other provisions\n\nSchedule 1 Savings, transitional and other provisions\n\n(Section 40)","sortOrder":40},{"sectionNumber":"8","sectionType":"section","heading":"Purchasers acquire good title etc","content":"#### 8 Purchasers acquire good title etc\n\n8 Purchasers acquire good title etc\n\n> Sections 34 and 35 of this Act apply to goods disposed of under the repealed Act (whether by virtue of this Schedule or otherwise) as if those goods had been disposed of under this Act.","sortOrder":50}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":true,"description":"The original 1995 Act focused primarily on traditional bailment relationships (storage, repairs, carriage). However, the legislation has significantly expanded through amendments (particularly 2018 and 2025) to cover abandoned goods in specific residential and community contexts: holiday parks, retirement villages, strata schemes (including individual lots with owner consent), and residential tenancies. This transforms the Act from a commercial/bailment law into a broader 'abandoned property' statute spanning multiple property and tenancy relationships. Additionally, the 2018 rewrite replaced the entire former Part 2 (which dealt with court orders) with a streamlined Part 3 and new Part 3A involving the Civil and Administrative Tribunal, fundamentally restructuring the enforcement mechanism."},"complexity_factors":["Multiple overlapping definitions requiring cross-referencing (e.g., 'bailed goods' vs 'uncollected goods', 'depositor' vs 'bailor', 'receiver' vs 'bailee')","Three-tier monetary threshold system ($1,000/$20,000) with different procedural requirements for each tier","Extensive cross-referencing to other NSW Acts (Residential Tenancies Act, Strata Schemes Management Act, Retirement Villages Act, etc.) to determine when goods are 'uncollected'","Nested exceptions: Part 3 doesn't apply to disputed bailed goods (s 19); perishable goods exempt from notice requirements (s 24); specific exclusions for other statutory schemes (s 6)","Conditional logic for service of documents with 7 different methods including electronic service (s 27)","Interaction with Commonwealth legislation (Personal Property Securities Act 2009) for motor vehicles and registered interests","Repealed sections and Parts (Part 2 entirely repealed, s 4 repealed) creating structural discontinuity","Regulation-dependent definitions ('goods' excludes things prescribed by regulations; 'bailment' excludes things prescribed by regulations)","Dual pathways for disposal: Part 3 (notice-based) vs Part 3A (Tribunal order-based) with different applicability conditions"],"plain_english_summary":"**What this law does:**\n\nThis Act sets out the rules for what happens when someone leaves goods with another person (the \"receiver\") and doesn't come back to collect them. It creates a legal pathway for the receiver to dispose of (sell or destroy) these \"uncollected goods\" without getting sued, provided they follow specific notice periods and procedures.\n\n**Who it affects:**\n\n- **Receivers (bailees):** People or businesses holding goods for others—such as mechanics, storage facilities, dry cleaners, or landlords who find abandoned property.\n- **Depositors (bailors):** People who left the goods behind—customers, tenants, or owners.\n- **Buyers:** People who purchase goods sold under this Act get clear legal title (ownership) if they buy in good faith.\n- **Specific industries:** The Act also covers abandoned goods in holiday parks, retirement villages, strata schemes (apartment buildings), and residential tenancies.\n\n**Key features:**\n\n- **Three-tier value system:** Different rules apply based on the goods' value:\n  - **Under $1,000 (low value):** 14 days' notice required; can be disposed of \"appropriately.\"\n  - **$1,000–$20,000 (medium value):** 28 days' written notice; must be sold at public auction or private sale for fair value.\n  - **$20,000+ (high value):** Cannot be sold without a court order from the Civil and Administrative Tribunal.\n\n- **Special rules for personal documents:** Birth certificates, passports, bank statements, and photos must be securely destroyed or returned to their author after 28 days' notice.\n\n- **Perishables and rubbish:** Can be thrown out immediately without notice.\n\n- **Protection from liability:** If receivers follow the Act's procedures, they cannot be sued for disposing of the goods.\n\n- **Money from sales:** Receivers can deduct their costs (storage fees, repairs, sale costs) from the sale proceeds. Any leftover money is treated as \"unclaimed money\" under separate legislation. If the sale doesn't cover costs, the receiver can sue the depositor for the shortfall.\n\n- **Motor vehicles:** Cannot be sold without a police certificate confirming they're not stolen, plus a search of the national Personal Property Securities Register.\n\n**Why it matters:**\n\nWithout this law, businesses and property owners could be stuck storing other people's abandoned property indefinitely, or risk being sued if they dispose of it. The Act balances the rights of property owners to reclaim their goods against the practical needs of those stuck storing abandoned items. It provides certainty and legal protection for everyone involved."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act originally dealt with uncollected bailed goods generally. Over time, its scope was expanded significantly to specifically cover goods abandoned in specific contexts: holiday parks, residential communities, tenancies, retirement villages, strata schemes, and other prescribed situations (added in section 5(2)). The 2018 amendments introduced Part 3A for Tribunal orders and new provisions for personal documents, further broadening the Act's reach beyond simple bailment. The original focus on bailee-depositor relationships has grown to encompass a wide range of property abandonment scenarios."},"complexity_factors":["Multiple value thresholds ($1,000 and $20,000) creating three tiers with different notice periods and disposal methods","Extensive defined terms (e.g., bailed goods, bailment, depositor, receiver, publicly registered interest)","Cross-references to numerous other Acts (Personal Property Securities Act, various housing and tenancy Acts, Passenger Transport Acts, etc.)","Conditional logic: exceptions for disputes (section 19), perishable goods (section 24), and persons not traceable (section 25)","Special rules for personal documents (section 22A) and motor vehicles (section 31)","Tribunal involvement in Part 3A adds procedural complexity","Historical amendments (especially 2018) that repealed Part 2 and introduced new sections, with savings and transitional provisions in Schedule 1","Nested exceptions in section 5(2) for goods in various premises (holiday parks, residential communities, tenancies, retirement villages, strata schemes)"],"plain_english_summary":"This Act sets out a legal process for people or businesses (called 'receivers') who are holding goods that someone else (called 'depositors') has left with them and not collected. It covers situations like repairs, storage, parking, or goods left behind after a tenancy ends. The receiver can sell or destroy the goods if the depositor doesn't pick them up after receiving notice. The rules depend on the value of the goods:\n\n- **Low value (under $1,000):** The receiver can dispose of them after giving at least 14 days' notice (oral or written).\n- **Medium value ($1,000 to $20,000):** The receiver must give at least 28 days' written notice and sell by public auction or private sale for a fair price.\n- **High value ($20,000 or more):** The receiver must get a Tribunal order before selling.\n- **Personal documents (e.g., passports, certificates):** Must be destroyed securely or returned to the issuer after 28 days' written notice.\n\nThere are special rules for perishable goods and rubbish, which can be disposed of immediately without notice.\n\nBefore selling a motor vehicle, the receiver must check with police that it's not stolen and search the Personal Property Securities Register.\n\nThe receiver can deduct their reasonable charges (storage, repairs, disposal costs) from the sale proceeds. Any leftover money is treated as unclaimed money and paid to the government. If the sale doesn't cover the costs, the receiver can sue the depositor for the difference.\n\nThe receiver is protected from legal liability if they follow the Act correctly. Buyers who purchase goods in good faith get clear ownership, even if the depositor didn't have proper title.\n\nThis Act only applies if there's no other agreement between the parties on how to handle uncollected goods. It also doesn't override other specific laws like those for pawnbrokers or transport authorities. The Tribunal can make orders about disposal or compensation if disputes arise.\n\nIn short, this Act gives receivers a clear legal pathway to deal with goods that owners abandon or fail to collect, reducing uncertainty and storage costs, while protecting owners' rights through notice periods and Tribunal oversight."},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The Act appears to have maintained its original core purpose throughout its history — providing a structured legal process for dealing with uncollected goods. Amendments have updated terminology (replacing 'bailor/bailee' with 'depositor/receiver') and likely adjusted monetary thresholds over time, but the fundamental scope of regulating how holders of uncollected property can recover costs and dispose of goods has remained consistent since 1995."},"complexity_factors":["Tiered rules based on the value of the goods, requiring different procedures for different thresholds","Multiple notice requirements with specific timeframes that must be followed precisely","Interaction between the rights of the goods owner and the person holding the goods, requiring careful balancing","Terminology changes over time (bailor/bailee replaced with depositor/receiver) which can cause confusion when reading older versions","Proceeds-distribution rules involve calculating and accounting for various costs, which may require judgment","Has been amended multiple times across 30 years, meaning the current version must be read in context of its history"],"plain_english_summary":"## Uncollected Goods Act 1995 (NSW)\n\n**What is this law about?**\n\nThis is a New South Wales law that deals with a common real-world problem: what happens when someone leaves their belongings with a business or another person — and then never comes back to collect them?\n\n**Who does it affect?**\n\n- **Businesses and tradespeople** who hold onto customers' property — think mechanics, dry cleaners, repairers, storage facilities, or vets.\n- **Ordinary people** who leave items with someone else for safekeeping or a service.\n- **Anyone** who finds themselves stuck holding property that the owner has abandoned or simply forgotten.\n\n**What does it actually do?**\n\nThe Act creates a legal framework that allows the person holding uncollected goods (called the \"receiver\" in the Act) to:\n\n1. **Charge storage or holding costs** while waiting for the owner (called the \"depositor\") to collect their stuff.\n2. **Sell or dispose of the goods** after following proper notice procedures — so they're not stuck holding someone's property forever.\n3. **Keep some or all of the sale proceeds** to cover unpaid costs (like a repair bill or storage fees), and hand over any leftover money to the original owner.\n\n**Why does this matter to you?**\n\n- If you leave your car at a mechanic and never pick it up, this law allows the mechanic to eventually sell it — but only after giving you proper notice.\n- If you run a business and a customer abandons goods on your premises, this law gives you a legal pathway to deal with the situation without fear of being sued for selling someone else's property.\n- The law sets out **different rules depending on the value of the goods**, with stricter processes required for higher-value items.\n\n**Key protections:**\n- Owners must be **notified** before their goods are sold.\n- Any money left over after costs are paid must be handed back to the owner or paid to a government authority.\n- The law has been updated several times since 1995, most recently in 2025, to keep the dollar thresholds and procedures current.\n\n**Bottom line:** This law balances the rights of people who own goods against the practical needs of businesses holding uncollected property — giving everyone a fair and legal way to resolve the situation."}},"importantCases":[],"_links":{"self":"/api/acts/uncollected-goods-act-1995","history":"/api/acts/uncollected-goods-act-1995/history","analysis":"/api/acts/uncollected-goods-act-1995/analysis","conflicts":"/api/acts/uncollected-goods-act-1995/conflicts","importantCases":"/api/acts/uncollected-goods-act-1995/important-cases","documents":"/api/acts/uncollected-goods-act-1995/documents"}}