Competition and Consumer Act 2010
Sch 2 s 41Liability etc. of recipient for unsolicited goods
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41 Liability etc. of recipient for unsolicited goods
(1) If a person, in trade or commerce, supplies unsolicited goods to another person, the other person:
(a) is not liable to make any payment for the goods; and
(b) is not liable for loss of or damage to the goods, other than loss or damage resulting from the other person doing a wilful and unlawful act in relation to the goods during the recovery period.
(2) If a person sends, in trade or commerce, unsolicited goods to another person:
(a) neither the sender nor any person claiming under the sender is entitled, after the end of the recovery period, to take action for the recovery of the goods from the other person; and
(b) at the end of the recovery period, the goods become, by force of this section, the property of the other person freed and discharged from all liens and charges of any description.
(3) However, subsection (2) does not apply to or in relation to unsolicited goods sent to a person if:
(a) the person has, at any time during the recovery period, unreasonably refused to permit the sender or the owner of the goods to take possession of the goods; or
(b) the sender or the owner of the goods has within the recovery period taken possession of the goods; or
(c) the goods were received by the person in circumstances in which the person knew, or might reasonably be expected to have known, that the goods were not intended for him or her.
(4) The recovery period is whichever of the following periods ends first:
(a) the period of 3 months starting on the day after the day on which the person received the goods;
(b) if the person who receives the unsolicited goods gives notice with respect to the goods to the supplier or sender in accordance with subsection (5)—the period of one month starting on the day after the day on which the notice is given.
(5) A notice under subsection (4)(b):
(a) must be in writing; and
(b) must state the name and address of the person who received the goods; and
(c) must state the address at which possession may be taken of the goods, if it is not the address of the person; and
(d) must contain a statement to the effect that the goods are unsolicited goods.