{"id":"uncollected-goods-act-2004","name":"Uncollected Goods Act 2004","slug":"uncollected-goods-act-2004","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30688,"registerId":"nt-uncollected-goods-act-2004-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Uncollected Goods Act 2004","content":"NORTHERN TERRITORY OF AUSTRALIA\nUNCOLLECTED GOODS ACT 2004\nAs in force at 1 May 2016\nTable of provisions\nPart 1 Preliminary\nDivision 1 Introduction\n1 Short title ......................................................................................... 1\n2 Commencement .............................................................................. 1\n3 Object .............................................................................................. 1\nDivision 2 Interpretation\n4 Definitions ........................................................................................ 1\n5 Uncollected goods ........................................................................... 2\n6 Relevant charge .............................................................................. 3\nDivision 3 Operation of Act\n7 Act binds Crown .............................................................................. 3\n8 Act applies to existing bailments...................................................... 4\n9 Application of other Acts .................................................................. 4\n10 Common law.................................................................................... 4\n11 Agreements between provider and receiver regarding\nuncollected goods............................................................................ 5\nPart 2 Disposal of uncollected goods\nDivision 1 Right of receiver to dispose of uncollected\ngoods\n12 Receiver may dispose of uncollected goods.................................... 5\n13 Payment of relevant charge ............................................................. 5\nDivision 2 Disposal of uncollected goods without Court\norder\n14 Low value uncollected goods........................................................... 5\n15 Medium value uncollected goods .................................................... 6\n16 High value uncollected goods .......................................................... 6\n17 Perishable goods ............................................................................. 7\n\nUncollected Goods Act 2004 ii\nDivision 3 Disposal of uncollected goods by Court order\n18 Disposal by Court order ................................................................... 7\nDivision 4 Additional requirement for disposal of motor\nvehicles\n19 PPS Register search result.............................................................. 7\n20 Ownership details ............................................................................ 7\nPart 3 Applications to Court, Court orders and\nrelated provisions\n21 Application to Court for disposal order............................................. 8\n22 Other applications to Court .............................................................. 9\n23 Court orders..................................................................................... 9\n24 Payment of relevant charge ............................................................. 9\n25 Effect of other proceeding................................................................ 9\nPart 4 Proceeds of sale, records keeping and\nliability of parties after disposal\n26 No liability for due disposal of uncollected goods .......................... 10\n27 Proceeds of sale ............................................................................ 10\n28 Records held by receiver ............................................................... 11\n29 Good title ....................................................................................... 13\n30 Receiver to provide purchaser of motor vehicle with receipt ......... 13\nPart 5 Notice requirements\n31 Persons to whom notice is not required to be given ...................... 14\n32 Form of notices .............................................................................. 14\n33 Giving notice .................................................................................. 14\nPart 6 Miscellaneous\n34 Regulations.................................................................................... 15\nPart 7 Repeal and transitional provisions\nDivision 1 Repeal of Acts\n35 Repeal ........................................................................................... 15\nDivision 2 Transitional provisions\n36 Definitions ...................................................................................... 16\n37 Application of Division ................................................................... 16\n38 Disposal of goods .......................................................................... 16\n\nUncollected Goods Act 2004 iii\n39 Procedure after sale or disposal of goods ..................................... 16\n40 Record of sale or disposal ............................................................. 16\n41 Disposal of net proceeds of sale of goods ..................................... 16\n42 Power of court to re-open transactions .......................................... 17\n43 Title of persons acquiring goods .................................................... 17\n44 Notices........................................................................................... 17\n45 Offences ........................................................................................ 17\n46 Regulations.................................................................................... 17\nENDNOTES\n\n\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 1 May 2016\n____________________\nUNCOLLECTED GOODS ACT 2004\nAn Act about the disposal of uncollected goods under bailment\nPart 1 Preliminary\nDivision 1 Introduction\n1 Short title\nThis Act may be cited as the Uncollected Goods Act 2004.\n2 Commencement\nThis Act comes into operation on the date fixed by the Administrator\nby notice in the Gazette.\n3 Object\nThe object of this Act is to provide for the disposal of goods under\nbailment that remain uncollected if the parties to the bailment have\nnot entered into an agreement for their disposal.\nDivision 2 Interpretation\n4 Definitions\nIn this Act, unless the contrary intention appears:\nAccountable Officer means the Accountable Officer, within the\nmeaning of the Financial Management Act 1995, of the Agency\nadministering this Act.\nbailment includes bailment for reward, bailment in the course of\nbusiness, gratuitous bailment, involuntary bailment and any\nsub-bailment.\nCourt means the Local Court.\ndisposal costs means the costs incurred by the receiver for the\ndisposal of goods under Part 2.\n\nPart 1 Preliminary\nDivision 2 Interpretation\nUncollected Goods Act 2004 2\nhigh value, for goods, means the goods are of a value more than\nor equal to $1 000 and less than $7 000 or, if another value is\nprescribed by the Regulations, that other value.\nlow value, for goods, means the goods are of a value less than\n$200 or, if another value is prescribed by the Regulations, that\nother value.\nmedium value, for goods, means the goods are of a value more\nthan or equal to $200 and less than $1 000 or, if another value is\nprescribed by the Regulations, that other value.\nmotor vehicle means a motor vehicle as defined in the regulations\nmade under the PPS Act.\nPPS Act means the Personal Property Securities Act 2009 (Cth).\nPPS Register means the Personal Property Securities Register\nestablished under section 147 of the PPS Act.\nprovider means the person who gives possession of goods under\na bailment (whether or not the person is the owner of the goods).\nreceiver means the person who takes possession of goods under a\nbailment.\nrelevant charge has the meaning in section 6.\nuncollected goods has the meaning in section 5.\n5 Uncollected goods\n(1) Goods under bailment are uncollected goods if:\n(a) the goods are ready for delivery to the provider in accordance\nwith the terms of the bailment, but the provider has not taken\ndelivery of the goods and not given directions as to their\ndelivery;\n(b) the receiver is required to give notice to the provider when the\ngoods are ready for delivery but cannot locate or communicate\nwith the provider;\n(c) the receiver can reasonably expect to be relieved of any duty\nto safeguard the goods on giving notice to the provider but\ncannot locate or communicate with the provider; or\n\nPart 1 Preliminary\nDivision 3 Operation of Act\nUncollected Goods Act 2004 3\n(d) the provider has not paid the relevant charge payable to the\nreceiver in relation to the goods within a reasonable time after\nbeing informed by the receiver that the goods are ready for\ndelivery.\n(2) However, subsection (1)(a) does not apply if the provider's failure to\ntake delivery arises from:\n(a) the receiver refusing to make delivery; or\n(b) the receiver preventing the provider from taking delivery.\n6 Relevant charge\n(1) The relevant charge is the amount payable by the provider to the\nreceiver for goods under bailment and payment of which entitles the\nprovider to take delivery of the goods.\n(2) Unless determined otherwise by a Court order, the amount payable\nto the receiver is the sum of the following:\n(a) for any carriage or storage of the goods or for any repairs,\ncleaning, treatment or other work done in connection with the\ngoods:\n(i) the amount agreed to by the provider and receiver as the\ncharge payable to the receiver; or\n(ii) in the absence of an agreement, an amount that is\nreasonable;\n(b) the amount of costs for any storage, maintenance or\ninsurance of the goods incurred by the receiver from:\n(i) the giving of a notice under Part 2 of the receiver's\nintention to dispose of the goods until the disposal of the\ngoods; or\n(ii) the making of an application for a Court order under\nPart 3 until the disposal of the goods.\nDivision 3 Operation of Act\n7 Act binds Crown\nThis Act binds the Crown in right of the Territory and, to the extent\nthe legislative power of the Legislative Assembly permits, the\nCrown in all its other capacities.\n\nPart 1 Preliminary\nDivision 3 Operation of Act\nUncollected Goods Act 2004 4\n8 Act applies to existing bailments\nThis Act applies to the possession of goods under a bailment\nregardless of when possession is taken.\n9 Application of other Acts\n(1) This Act does not apply to:\n(a) goods over which an accommodation provider has a lien\nunder section 9 of the Accommodation Providers Act 1981;\n(b) unsolicited goods to which section 41 of the Australian\nConsumer Law (NT) applies or goods the subject of a contract\nwith a pawnbroker to which Part 14, Division 3 of the\nConsumer Affairs and Fair Trading Act 1990 applies;\n(c) goods to which section 130B of the Local Court (Criminal\nProcedure) Act 1928 applies;\n(d) goods to which section 166 of the Police Administration\nAct 1978 applies;\n(e) abandoned goods to which section 109 of the Residential\nTenancies Act 1999 or section 27 of the Retirement Villages\nAct 1995 applies;\n(f) abandoned vehicles to which the Traffic Act 1987 applies; or\n(g) the bailment, possession or custody of goods under another\nlaw of the Territory prescribed by the Regulations.\n(2) This Act is in addition to and does not limit the disposal of goods\nthat may be disposed of under the Warehousemen's Liens\nAct 1969.\n(3) In this section:\nAustralian Consumer Law (NT) means the provisions applying as\na law of the Territory because of Part 4 of the Consumer Affairs and\nFair Trading Act 1990.\n10 Common law\nThe common law relating to the bailment of goods remains in force\nto the extent to which it is not affected by this Act.\n\nPart 2 Disposal of uncollected goods\nDivision 2 Disposal of uncollected goods without Court order\nUncollected Goods Act 2004 5\n11 Agreements between provider and receiver regarding\nuncollected goods\n(1) This Act applies to the disposal of uncollected goods if there is no\nagreement between the provider and the receiver about their\ndisposal.\n(2) If there is an agreement about the disposal of uncollected goods,\nthis Act applies only to matters not dealt with by the agreement.\n(3) This Act does not affect the right of a provider and receiver to make\nan agreement about the disposal of uncollected goods.\nPart 2 Disposal of uncollected goods\nDivision 1 Right of receiver to dispose of uncollected goods\n12 Receiver may dispose of uncollected goods\n(1) Subject to subsection (2), a receiver may dispose of uncollected\ngoods under this Part.\n(2) A receiver must not dispose of uncollected goods if:\n(a) a dispute exists between the provider and receiver regarding\nthe relevant charge; and\n(b) an application has been made to the Court under section 22.\n(3) However, subsection (2) does not prevent the receiver from giving\nnotice under Division 2 of the receiver's intention to dispose of the\nuncollected goods.\n13 Payment of relevant charge\nThe provider, the owner of the uncollected goods or any other\nperson with an interest in the goods is entitled, on payment of the\nrelevant charge, to delivery of the goods at any time before their\ndisposal.\nDivision 2 Disposal of uncollected goods without Court order\n14 Low value uncollected goods\n(1) A receiver may dispose of low value uncollected goods if:\n(a) the receiver has given the provider oral or written notice of the\nreceiver's intention to dispose of the goods; and\n\nPart 2 Disposal of uncollected goods\nDivision 2 Disposal of uncollected goods without Court order\nUncollected Goods Act 2004 6\n(b) 28 days have elapsed since the giving of the notice and the\nprovider has not taken delivery of the goods or given\ndirections as to their delivery.\n(2) Goods may be disposed of under this section by sale, destruction,\nappropriation or any other means.\n15 Medium value uncollected goods\n(1) A receiver may dispose of medium value uncollected goods if:\n(a) subject to section 31, the receiver has given written notice of\nthe receiver's intention to dispose of the goods to the\nfollowing:\n(i) the provider;\n(ii) the owner of the goods;\n(iii) any other person having or claiming an interest in the\ngoods; and\n(b) 2 months have elapsed since the giving of the notice and the\nprovider has not taken delivery of the goods or given\ndirections as to their delivery.\n(2) Goods must be disposed of under this section by public auction or\nby private sale at a fair price.\n16 High value uncollected goods\n(1) A receiver may dispose of high value uncollected goods if:\n(a) subject to section 31, the receiver has given written notice of\nthe receiver's intention to dispose of the goods to the\nfollowing:\n(i) the provider;\n(ii) the owner of the goods;\n(iii) any other person having or claiming an interest in the\ngoods;\n(iv) the Commissioner of Police;\n(b) 3 months have elapsed since giving the notice and the\nprovider has not taken delivery of the goods or given\ndirections as to their delivery; and\n\nPart 2 Disposal of uncollected goods\nDivision 4 Additional requirement for disposal of motor vehicles\nUncollected Goods Act 2004 7\n(c) 28 days prior to the disposal of the goods, a copy of the notice\nreferred to in paragraph (a) has been published in a daily\nnewspaper circulating generally in the Territory.\n(2) Goods must be disposed of under this section by public auction or\nby private sale at a fair price.\n17 Perishable goods\n(1) A receiver may dispose of perishable uncollected goods by sale,\nappropriation or destruction if:\n(a) the receiver has given the provider oral or written notice of the\nreceiver's intention to dispose of the goods; and\n(b) having regard to the nature and condition of the goods, a\nreasonable time in which to collect the goods has elapsed\nsince the giving of the notice.\n(2) A receiver may dispose of uncollected goods that have perished by\nany means but must, within a reasonable time, give the provider\noral or written notice of the disposal of the goods.\nDivision 3 Disposal of uncollected goods by Court order\n18 Disposal by Court order\n(1) A Court order under Part 3 must be obtained to dispose of\nuncollected goods of a value exceeding the high value.\n(2) A receiver may dispose of uncollected goods of low value, medium\nvalue or high value under a Court order under Part 3.\nDivision 4 Additional requirement for disposal of motor\nvehicles\n19 PPS Register search result\nA receiver must not dispose of a motor vehicle that is of, or greater\nthan, medium value unless the receiver has obtained a written\nsearch result of the PPS Register in the appropriate form in relation\nto the vehicle under the PPS Act.\nMaximum penalty: 100 penalty units.\n20 Ownership details\n(1) If, on receipt of an application accompanied by the fee prescribed\nunder the Motor Vehicles Act 1949, the Registrar of Motor Vehicles\n\nPart 3 Applications to Court, Court orders and related provisions\nUncollected Goods Act 2004 8\nis satisfied the application is being made for the purposes of this\nAct, the Registrar must give details of the ownership of the motor\nvehicle to the receiver.\n(2) An application made under subsection (1) must be in the form of a\nstatutory declaration and include the following particulars:\n(a) if the receiver is a natural person – the receiver's full name,\naddress and date of birth;\n(b) if the receiver is a body corporate – the receiver's business\nname and address and ABN;\n(c) the vehicle's number plate and vehicle identification number;\n(d) if the receiver intends to dispose of the vehicle under\nDivision 2 – a copy of the notice given under that Division;\n(e) if the receiver has applied under section 21 for an order to\ndispose of the vehicle – a copy of the application;\n(f) if applicable – a copy of any certificate obtained under\nsection 19;\n(g) any other information prescribed by the Regulations.\nPart 3 Applications to Court, Court orders and related\nprovisions\n21 Application to Court for disposal order\n(1) A receiver may apply to the Court for an order to dispose of\nuncollected goods.\n(2) The application must:\n(a) state fully the grounds on which it is made;\n(b) include the information in section 32(a) to (d) (inclusive); and\n(c) for the disposal of a motor vehicle – include the certificates\nrequired under section 19 and any details of ownership\nobtained under section 20.\n(3) The receiver must give a copy of the application to:\n(a) the provider;\n(b) the owner of the goods;\n\nPart 3 Applications to Court, Court orders and related provisions\nUncollected Goods Act 2004 9\n(c) any other person known by the receiver to have or to be\nclaiming an interest in the goods;\n(d) the Commissioner of Police; and\n(e) any person with a publicly registered interest in the goods.\n22 Other applications to Court\nIf a dispute exists between the provider and the receiver regarding\nthe relevant charge for uncollected goods, either party may apply to\nthe Court for an order determining the amount of the relevant\ncharge payable to the receiver.\n23 Court orders\n(1) On an application under section 21 or 22, the Court may make any\nof the following orders:\n(a) an order authorising the disposal of specified goods under\nbailment;\n(b) an order determining the relevant charge payable to the\nreceiver;\n(c) any other orders that it considers necessary to give effect to\nan order made under paragraph (a) or (b).\n(2) An order under subsection (1)(a) must specify the following:\n(a) the authorised means of disposal of the goods;\n(b) the date by which the goods may be disposed of;\n(c) the amount of the relevant charge payable to the receiver for\nthe goods.\n24 Payment of relevant charge\nIf a Court order has been made for the disposal of uncollected\ngoods, the provider, the owner of the uncollected goods or any\nother person with an interest in the goods is entitled, on payment to\nthe receiver of the relevant charge, to delivery of the goods at any\ntime before their disposal.\n25 Effect of other proceeding\n(1) If, at any time prior to the disposal of uncollected goods under\nPart 2, a person (other than the provider) starts a proceeding for the\nrecovery of the goods, an order made under section 23 is\nsuspended until the proceeding is decided.\n\nPart 4 Proceeds of sale, records keeping and liability of parties after disposal\nUncollected Goods Act 2004 10\n(2) If an order is made for the recovery of the goods, the order made\nunder section 23 ceases to have effect.\nPart 4 Proceeds of sale, records keeping and liability\nof parties after disposal\n26 No liability for due disposal of uncollected goods\nA receiver who disposes of uncollected goods under Part 2 is not\nliable to any other person in relation to the goods by reason of the\ndisposal.\n27 Proceeds of sale\n(1) If uncollected goods are sold under Part 2, the receiver is entitled to\nretain the relevant charge payable to the receiver for the goods and\nthe disposal costs.\n(2) If the proceeds of the sale are insufficient to pay the relevant\ncharge and disposal costs, the receiver may recover the deficiency\nfrom the provider as a debt in any court of competent jurisdiction.\n(3) If the proceeds of sale are more than sufficient to pay the relevant\ncharge and disposal costs, the receiver must within 28 days after\nthe sale of uncollected goods:\n(a) pay the balance to the Accountable Officer for payment into\nthe Accountable Officer's Trust Account; and\n(b) give the Accountable Officer a copy of the records required\nunder section 28(1).\nMaximum penalty: If the offender is a natural person –\n100 penalty units or imprisonment for\n6 months.\nIf the offender is a body corporate –\n500 penalty units.\n(4) If satisfied a person had an interest in the goods before the sale,\nthe Accountable Officer must pay to that person out of the Trust\nAccount:\n(a) an amount equivalent to that person's interest in the goods; or\n(b) if the person's interests in the goods expressed as a monetary\namount exceeds the balance of the proceeds of sale – the\nbalance of the proceeds of sale.\n\nPart 4 Proceeds of sale, records keeping and liability of parties after disposal\nUncollected Goods Act 2004 11\n(5) A person claiming an interest in goods under subsection (4) must\napply to the Accountable Officer within 3 years after the sale.\n(6) The Accountable Officer is not liable to make any further payment\nfor goods if the balance of the proceeds of sale of the goods has\nbeen paid under subsection (4)(b).\n(7) Subsection (6) does not prevent a person making a claim against\nthe person to whom the Accountable Officer has paid the balance\nof the proceeds of sale.\n(8) A person must not give to the Accountable Officer a document for\nthe purposes of subsection (4) that to the person's knowledge is\nfalse or misleading in a material particular.\nMaximum penalty: If the offender is a natural person –\n100 penalty units or imprisonment for\n6 months.\nIf the offender is a body corporate –\n500 penalty units.\n(9) Proceeds from the sale of goods that have remained unclaimed for\n3 years must be paid into the Central Holding Authority.\n28 Records held by receiver\n(1) Within 7 days after disposing of uncollected goods under Part 2, the\nreceiver must prepare a record of the following particulars:\n(a) a description of the goods;\n(b) if the goods were disposed of under Part 2, Division 2:\n(i) the date and means of giving notice of intention to\ndispose of the goods; and\n(ii) the name and address of any person to whom the notice\nwas given;\n(c) if the goods were disposed of under Part 2, Division 3:\n(i) the date of the Court order that authorised the disposal;\nand\n(ii) the name and address of any person to whom a copy of\nan application under section 21 was given;\n(d) the date of disposal;\n(e) the manner of disposal;\n\nPart 4 Proceeds of sale, records keeping and liability of parties after disposal\nUncollected Goods Act 2004 12\n(f) if the goods were sold:\n(i) the name and address of the purchaser;\n(ii) the sale price;\n(iii) the amount retained by the receiver to cover the relevant\ncharge payable to the receiver for the goods; and\n(iv) the amount retained by the receiver to cover the disposal\ncosts;\n(g) if the goods were sold by public auction – the name and\naddress of the principal place of business of the auctioneer\nwho sold the goods;\n(h) if applicable, the amount of the balance of the proceeds of\nsale paid to the Accountable Officer and the date of payment.\nMaximum penalty: If the offender is a natural person –\n100 penalty units.\nIf the offender is a body corporate –\n500 penalty units.\n(2) The receiver must:\n(a) retain the record for 3 years from the date of disposal; and\n(b) make the record available on request by any of the following:\n(i) the provider;\n(ii) the owner;\n(iii) any other person claiming to have an interest in the\ngoods;\n(iv) the Commissioner of Police;\n(v) an authorized officer within the meaning of the\nConsumer Affairs and Fair Trading Act 1990;\n(vi) the Registrar of Motor Vehicles;\n\nPart 4 Proceeds of sale, records keeping and liability of parties after disposal\nUncollected Goods Act 2004 13\n(vii) the Accountable Officer.\nMaximum penalty: If the offender is a natural person –\n100 penalty units.\nIf the offender is a body corporate –\n500 penalty units.\n29 Good title\n(1) The purchaser of goods sold under Part 2 acquires good title to the\ngoods, free from any interest that existed in the goods in favour of\nanother person before the goods were sold, if the purchaser buys\nthe goods:\n(a) without notice of any failure of the receiver to comply with this\nAct; and\n(b) without notice of any defect or want of title of the provider.\n(2) A receiver who disposes of goods by appropriation in accordance\nwith Part 2 acquires good title to the goods.\n30 Receiver to provide purchaser of motor vehicle with receipt\n(1) If a receiver sells a motor vehicle under Part 2, the receiver must\nprovide the purchaser with a receipt that complies with this section.\nMaximum penalty: If the offender is a natural person –\n100 penalty units.\nIf the offender is a body corporate –\n500 penalty units.\n(2) The receipt must contain the following:\n(a) if the receiver is a natural person – the receiver's full name,\naddress and date of birth;\n(b) if the receiver is a body corporate – the receiver's business\nname and address and ABN;\n(c) the vehicle's number plate and vehicle identification number;\n(d) the purchaser's full name, address and date of birth;\n(e) the date of sale;\n(f) the sale price;\n(g) the name of the owner of the vehicle;\n\nPart 5 Notice requirements\nUncollected Goods Act 2004 14\n(h) any other information prescribed by the Regulations.\n(3) The receipt must state that the vehicle has been disposed of under\nthis Act and must be signed by both the purchaser and the receiver.\nPart 5 Notice requirements\n31 Persons to whom notice is not required to be given\n(1) The receiver is not required to give notice to a person of the\nreceiver's intention to dispose of goods if:\n(a) the receiver is unaware that the person has or claims an\ninterest in the goods; or\n(b) the receiver cannot locate or communicate with the person.\n(2) Subsection (1)(a) does not apply if the person is the provider or a\nperson with a publicly registered interest in the goods.\n32 Form of notices\nA notice of the receiver's intention to dispose of uncollected goods\nunder Part 2 must specify:\n(a) the receiver's name;\n(b) a description of the goods;\n(c) an address from where the goods may be collected;\n(d) a statement of the relevant charge payable to the receiver for\nthe goods and, if the relevant charge is likely to increase, a\nstatement of the current relevant charge and an estimate of\nfurther charges that will accrue;\n(e) a statement to the effect that on or after a specified date the\ngoods will be disposed of unless they are collected and the\nrelevant charge paid; and\n(f) if applicable, a statement to the effect that the receiver will\nretain from the proceeds of sale of the goods an amount not\nexceeding the sum of the relevant charge and the disposal\ncosts.\n33 Giving notice\n(1) A notice under Part 2 may be given to the person personally or left\nat, or sent by post to, the person's last known address.\n\nPart 7 Repeal and transitional provisions\nDivision 1 Repeal of Acts\nUncollected Goods Act 2004 15\n(2) A notice to a person with a publicly registered interest in\nuncollected goods is taken to have been given if it has been sent by\npost to the person's address in the register in which the interest is\nrecorded.\nPart 6 Miscellaneous\n34 Regulations\n(1) The Administrator may make regulations, not inconsistent with this\nAct, prescribing matters:\n(a) required or permitted by this Act to be prescribed; or\n(b) necessary or convenient to be prescribed for carrying out or\ngiving effect to this Act.\n(2) The Regulations may provide for the following:\n(a) the keeping of records;\n(b) the valuation of goods;\n(c) penalties for offences against the Regulations not exceeding\n100 penalty units for a natural person and 500 penalty units\nfor a body corporate.\n(3) The Regulations may:\n(a) make different provision in relation to:\n(i) different persons or matters; or\n(ii) different classes of persons or matters; or\n(b) apply differently by reference to stated exceptions or factors.\nPart 7 Repeal and transitional provisions\nDivision 1 Repeal of Acts\n35 Repeal\nThe following Acts are repealed:\n(a) Disposal of Uncollected Goods Act 1976 (No. 45 of 1976);\n(b) Disposal of Uncollected Goods Act 1977 (No. 21 of 1977).\n\nPart 7 Repeal and transitional provisions\nDivision 2 Transitional provisions\nUncollected Goods Act 2004 16\nDivision 2 Transitional provisions\n36 Definitions\nIn this Division:\ncommencement date means the date on which this Act comes into\noperation.\nrepealed Act means the Disposal of Uncollected Goods Act 1976\nas in force immediately before the commencement date.\n37 Application of Division\nThis Division applies despite section 8 and the repeal of the\nrepealed Act.\n38 Disposal of goods\n(1) If, under section 8(1)(b) of the repealed Act, a person has given\nnotice of intention to sell goods, Part II of the repealed Act applies\nto the goods.\n(2) If, under section 12(1) of the repealed Act, a person has applied to\nthe Court for an order to sell goods, Part III of the repealed Act\napplies to the goods.\n39 Procedure after sale or disposal of goods\nFor goods sold or disposed of under Part II or III of the repealed\nAct, section 17 of that Act applies.\n40 Record of sale or disposal\n(1) For goods sold or disposed of under Part II or III of the repealed\nAct, section 18 of that Act applies.\n(2) However, section 18(2) of the repealed Act applies as if the\nreference to 6 years were a reference to 3 years.\n41 Disposal of net proceeds of sale of goods\n(1) If they have not already been paid into a Trust Fund, proceeds of\nthe sale or disposal of goods under the repealed Act must be dealt\nwith under section 27 of this Act.\n(2) Moneys deposited into a Trust Fund at the Territory Insurance\nOffice or an ADI opened for section 19(3) of the repealed Act must,\nas soon as practicable after the commencement date, be\ntransferred to the Accountable Officer's Trust Account.\n\nPart 7 Repeal and transitional provisions\nDivision 2 Transitional provisions\nUncollected Goods Act 2004 17\n(3) Section 27(4), (5) and (6) of this Act applies to the transferred\nmoneys as if the goods to which the moneys relate were sold under\nPart 2 of this Act.\n42 Power of court to re-open transactions\nSection 20 of the repealed Act applies if an action to re-open a\ntransaction began before the commencement date.\n43 Title of persons acquiring goods\nSection 22 of the repealed Act applies to goods sold under that Act.\n44 Notices\nFor goods to which section 38 of this Act applies, sections 23\nand 25 of the repealed Act apply.\n45 Offences\nSection 24 of the repealed Act applies if a person fails to comply\nwith that Act if required to do so under this Part.\n46 Regulations\nIf, under this Part, a provision of the repealed Act continues to\napply, any regulation made under that Act and that is relevant to\nthat continuing provision also continues to apply.\n\nENDNOTES\nUncollected Goods Act 2004 18\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nUncollected Goods Act 2004 (Act No. 33, 2004)\nAssent date 4 June 2004\nCommenced 1 July 2004 (Gaz G26, 30 June 2004, p 3)\nStatute Law Revision Act 2007 (Act No. 4, 2007)\nAssent date 8 March 2007\nCommenced 8 March 2007\nJustice Legislation Amendment (Penalties) Act 2010 (Act No. 12, 2010)\nAssent date 20 May 2010\nCommenced 1 July 2010 (Gaz G24, 16 June 2010, p 2)\nPersonal Property Securities (National Uniform Legislation) Implementation Act 2010\n(Act No. 30, 2010)\nAssent date 9 September 2010\nCommenced ss 58 to 60: 30 January 2012 (Gaz, S2, 24 January 2012);\nrem: 25 November 2011 (Gaz,S68, 25 November 2011)\nConsumer Affairs and Fair Trading Amendment (National Uniform Legislation) Act 2010\n(Act No. 41, 2010)\nAssent date 8 December 2010\nCommenced 1 January 2011 (Gaz S71, 20 December 2010)\nLocal Court (Related Amendments) Act 2016 (Act No. 8, 2016)\nAssent date 6 April 2016\nCommenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related\nAmendments) Act 2016 (Act No. 9, 2016) and Gaz S34,\n29 April 2016)\n\nENDNOTES\nUncollected Goods Act 2004 19\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1, 4, 9, 20, 28 and 36.\n4 LIST OF AMENDMENTS\ns 4 amd No. 30, 2010, s 53\ns 9 amd No. 41, 2010, s 30; No. 8, 2016, s 45\ns 19 amd No. 12, 2010, s 3\nsub No. 30, 2010 s 53\ns 27 amd No. 4, 2007, s 7; No. 12, 2010, s 3\ns 28 amd No. 12, 2010, s 3\ns 30 amd No. 12, 2010, s 3","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[{"type":"retroactive_impossibility","section":"Sections 41(1) and 27(3)","severity":"high","reasoning":"Section 41(1) requires unpaid proceeds from sales under the repealed Act to be dealt with under section 27. Section 27(3) requires payment to the Accountable Officer within 28 days after the sale. For a pre-commencement sale occurring more than 28 days earlier whose proceeds remained unpaid, section 41(1) imports a deadline that had already expired, without supplying a replacement transitional deadline.","confidence":0.98,"description":"The transitional provision can impose a payment deadline that expired before the current Act commenced.","source_quotes":["If they have not already been paid into a Trust Fund, proceeds of the sale or disposal of goods under the repealed Act must be dealt with under section 27 of this Act.","the receiver must within 28 days after the sale of uncollected goods:"]}],"contradictions":[]},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The Act replaces earlier Disposal of Uncollected Goods statutes but preserves the core object of providing a disposal process for bailed goods where no agreement exists (see objects and Division 2 transitional provisions). It narrows operational scope by listing statutory exclusions (section 9) and adds procedural requirements for motor vehicles tied to the PPS Register (sections 19–20), which adjust how disposal is performed but do not expand the Act's fundamental subject matter."},"complexity_factors":["Multiple value-tier rules (low/medium/high/exceeding high) with different notice periods and disposal methods","Detailed notice, publication and record-keeping requirements including timelines and prescribed content","Interaction with other laws and exclusions (various Acts excluded in section 9)","Integration with federal Personal Property Securities regime for motor vehicles (PPS Register searches required)","Court application and suspension mechanics for disputed charges or recovery proceedings","Trust-account handling and time-limited claims for surplus proceeds, with criminal penalties for false claims","Regulations can vary thresholds and procedures, adding delegated complexity","Transitional provisions and repeal of prior Acts that preserve earlier procedures for existing matters"],"plain_english_summary":"This law gives people or businesses who hold bailed goods (for example, repairers, storage operators) a legal process to dispose of items left uncollected when the owner or provider does not collect or pay. It sets value-based notice periods, permitted disposal methods, sale procedures, and rules for retaining sale proceeds to cover charges and disposal costs. It matters to receivers, providers, owners and buyers because it allocates who pays, who decides disposal, how title transfers and how surplus proceeds and records are handled."},"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"},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original intent as stated in section 3: providing for disposal of uncollected goods under bailment where parties haven't agreed otherwise. The 2010 amendments incorporated the national Personal Property Securities regime (PPS Act), but this was a technical update to maintain functionality rather than an expansion of scope. The value thresholds and core procedural framework remain aligned with the original 2004 scheme."},"complexity_factors":["Multiple value thresholds ($200, $1,000, $7,000) creating tiered procedural requirements","Cross-references to federal legislation (Personal Property Securities Act 2009) and multiple Territory Acts (9 exemption provisions in section 9)","Nested conditional logic: disposal methods vary by value tier (oral vs written notice, auction vs private sale, newspaper publication requirements)","Dual pathways for disposal: administrative (Part 2) vs Court order (Part 3) with different notice and timing rules","Interaction with common law preserved in section 10, creating parallel legal frameworks","Specific motor vehicle provisions requiring PPS Register searches and statutory declarations","Detailed record-keeping obligations (7-day preparation, 3-year retention, 12 categories of information)","Complex proceeds distribution mechanism involving Accountable Officer's Trust Account, 3-year limitation period, and Central Holding Authority","Transitional provisions preserving old Act procedures for goods already in process","Multiple penalty tiers distinguishing natural persons (100 penalty units/6 months) from body corporates (500 penalty units)"],"plain_english_summary":"**What this law does:**\n\nThis Act sets out the rules for what happens when someone leaves goods with a business or another person (called a \"receiver\") and then fails to collect them. It creates a legal pathway for the receiver to dispose of (sell, destroy, or keep) these \"uncollected goods\" after certain waiting periods and notice requirements, while protecting the receiver from liability if they follow the rules.\n\n**Who it affects:**\n\n- **Receivers**: Anyone who takes possession of goods under a \"bailment\" (a legal arrangement where one person temporarily holds another's property—like a mechanic holding a car for repairs, a storage facility holding furniture, or a dry cleaner holding clothes).\n- **Providers**: The people who originally gave the goods to the receiver.\n- **Owners and other interested parties**: Anyone else with a legal claim to the goods.\n- **Buyers**: People who purchase uncollected goods that are sold under this Act.\n\n**Key features:**\n\n- **Value-based tiers**: The Act sorts goods into three value categories with different rules:\n  - **Low value** (under $200): Can be disposed of after 28 days' notice\n  - **Medium value** ($200–$1,000): Require written notice to provider, owner, and interested parties; 2-month wait; must sell at fair price or auction\n  - **High value** ($1,000–$7,000): Require written notice, police notification, newspaper publication, and 3-month wait\n  - **Very high value** (over $7,000): Require a Court order to dispose\n\n- **Perishable goods**: Can be disposed of quickly if they might spoil.\n\n- **Motor vehicles**: Extra requirements apply, including checking the Personal Property Securities Register (PPS Register) to see if there's money owing on the vehicle.\n\n- **Proceeds of sale**: If goods are sold, the receiver keeps what they're owed (storage fees, repair costs, etc.) plus disposal costs. Any leftover money goes to a government trust account for 3 years, then to the Territory if unclaimed.\n\n- **Protection for receivers**: If they follow the Act, receivers aren't liable to the original owner for disposing of the goods.\n\n- **Good title for buyers**: People who buy uncollected goods at auction or fair price generally get clear ownership, free from the original owner's claims.\n\n**Why it matters:**\n\nThis law solves a practical problem: businesses were often stuck storing abandoned property indefinitely, unsure if they could legally get rid of it. The Act balances the receiver's need to clear space and recover costs against the owner's property rights by setting clear timelines, notice requirements, and safeguards—especially for valuable items and vehicles where ownership disputes are common."}},"importantCases":[],"_links":{"self":"/api/acts/uncollected-goods-act-2004","history":"/api/acts/uncollected-goods-act-2004/history","analysis":"/api/acts/uncollected-goods-act-2004/analysis","conflicts":"/api/acts/uncollected-goods-act-2004/conflicts","importantCases":"/api/acts/uncollected-goods-act-2004/important-cases","documents":"/api/acts/uncollected-goods-act-2004/documents"}}