Disposal of Uncollected Goods Act 1970 (Western Australia)

The Disposal of Uncollected Goods Act 1970 (WA) creates a statutory framework that authorises bailees who, in the course of business, hold goods for inspection, custody, storage, repair or other treatment to sell or otherwise dispose of those goods in specified circumstances and subject to prescribed procedural safeguards. The Act differentiates three principal pathways for disposal: (a) prescribed goods (Part II); (b) low-value goods, i.e. goods with an assessed value not exceeding the relevant amount (Part III); and (c) goods valued in excess of the relevant amount, which require court authorisation (Part VI). It also provides a route for persons possessing another’s goods otherwise than under a business bailment (Part VII) to seek court orders for disposal.

Mechanically, the Act:

Defines “ready for redelivery” triggers (s 4(2)) , inspection complete, period of custody or storage expired (or seven days if no period was fixed), or repair/treatment completed.
Grants bailees a conditional statutory power to sell or otherwise dispose of uncollected goods where the bailor fails to take redelivery or give directions (ss 8, 11), but only after specified notice steps and time delays have been observed (Parts II and III, ss 9 and 12).
Requires specific notice recipients and content, including notification to the Commissioner of Police, the bailor, every person known to claim an interest, and, for certain sales, publication in a daily Perth newspaper and the Government Gazette (ss 9, 12, 19, 26).
Imposes preconditions for non-auction disposal (reasonable unsuccessful efforts or two unsuccessful auction attempts) (ss 9(2), 12(2)).
Creates a court-based route for higher-value goods and disputes, allowing the court to authorise disposal and to specify recoverable charges, storage rates and costs (ss 17, 19, 22).

CrestWestern Australia

Disposal of Uncollected Goods Act 1970

Western Australia

Disposal of Uncollected Goods Act 1970

Contents

Part I — Preliminary

Short title 2
Commencement 2
Terms used 2
Other legal rights and powers, effect on of this Act 3
Act not to apply to bailment etc. under Sch. 1 Act 3

Part II — Disposal of uncollected prescribed goods

Application of this Part 4
Bailee’s right to dispose of uncollected prescribed goods 4
Preconditions to disposing of goods under s. 8 4

Part III — Disposal of uncollected goods assessed at a value not exceeding the relevant amount

Application of this Part 6
Bailee’s right to dispose of uncollected goods 6
Preconditions to disposing of goods under s. 11 6

Part IV — Procedure after goods are sold or otherwise disposed of pursuant to Parts II and III

Application of this Part 8
Rights of bailor and bailee, and bailee’s duties, after goods disposed of under Part II or III 8

Part V — Provisions relating to disputes

Dispute as to charges etc., effect of on bailee’s right under Part II or III 11
Dispute as to description or value of goods, effect of on bailee’s right under Part II or III 11
Determination of disputes 12

Part VI — Disposal of goods valued in excess of the relevant amount

Application of this Part 14
Bailee may apply for court order to dispose of uncollected goods 14

Part VII — Disposal of goods in possession otherwise than under a bailment in the course of business

Person possessing another’s goods may apply for court order to dispose of them 16
Preconditions to making s. 20 application 16

Part VIII — Powers of the court

Court’s powers on s. 17(3), 19(1) or 20 application 17
Order for disposal of goods, effect of 18
Subsidiary charges for goods disposed of under court order 19
Rights of bailor etc. and applicant’s duties after goods disposed of under court order 19

Part IX — Provisions as to notices

Form and content of notices 22

Part X — General

Court order, evidence of by certificate 25
Surplus proceeds of sale, application of 25
Bailee’s expenses before sale, recovery of if goods collected 26
Title to goods acquired 26
Application to court, making and service of 26
Court procedure 27
Penalties 27
Regulations 27

Schedule — Acts custody of goods under which is not subject to this Act

Notes

Compilation table 29

Defined terms

Western Australia

Disposal of Uncollected Goods Act 1970

An Act to authorise the disposal in specified circumstances of certain uncollected goods.

Part I — Preliminary

1. Short title

This Act may be cited as the Disposal of Uncollected Goods Act 1970.

2. Commencement

This Act shall come into operation on a date to be fixed by proclamation.

[3. Deleted: No. 10 of 1998 s. 76.]

4. Terms used

(1) In this Act, unless the contrary intention appears —

application means an application to the court, under section 17(3), section 19(1), or section 20, for an order;

Commissioner means the Commissioner of Police appointed under the Police Act 1892;

court means the Magistrates Court constituted by a magistrate;

inspection includes the acceptance of goods for the purpose of submitting a quotation of the charges to be made for the repair or other treatment of such goods;

order means an order of the court made on an application;

prescribed goods means goods prescribed by regulation;

relevant amount means $3 500 or such other amount as is prescribed by regulation.

(2) For the purpose of this Act, goods are deemed to be ready for redelivery —

(a) in relation to goods accepted for inspection, when the inspection has been carried out; and

(b) in relation to goods accepted for custody, when the period of arranged custody has expired, or, where there is no period of arranged custody, 7 days after they are so accepted; and

(c) in relation to goods accepted for storage, when the period of arranged storage has expired or, where there is no period of arranged storage, 7 days after they are so accepted; and

(d) in relation to goods accepted for repair or other treatment, when the repair or other treatment has been carried out.

(3) Any reference in this Act to a bailor or bailee of goods shall, in respect of a period during which his rights and obligations in relation to the goods are vested in any other person, be construed as a reference to that other person.

[Section 4 amended: No. 59 of 2004 s. 141; No. 43 of 2016 s. 4.]

5. Other legal rights and powers, effect on of this Act

Subject to section 30, nothing in this Act shall be construed as derogating in any way from the rights or powers of any person, other than a bailor of goods to which this Act applies, conferred by or under another Act or by the rules of equity or common law, and all such rights and powers may continue to be exercised in the same manner as if this Act had not been passed.

6. Act not to apply to bailment etc. under Sch. 1 Act

The provisions of this Act do not apply to any bailment, possession, or other custody of goods to which an Act, or a provision of an Act, mentioned in the Schedule apply.

[Section 6 amended: No. 128 of 1987 s. 89.]

Part II — Disposal of uncollected prescribed goods

7. Application of this Part

This Part applies to a bailment of prescribed goods accepted, whether before or after the coming into operation of this Act, by a bailee in the course of business for inspection, custody, storage, repair, or other treatment.

8. Bailee’s right to dispose of uncollected prescribed goods

Where prescribed goods, accepted pursuant to a bailment to which this Part applies, are ready for redelivery but there is a failure by the bailor to take redelivery of the goods or, if the terms of any agreement between the bailor and the bailee so provide, to give directions as to their redelivery, the bailee, while the failure continues, may, subject to the terms of any agreement between him and the bailor and to this Act, sell the goods by public auction or private treaty or otherwise dispose of them unless, the bailee, for any reason, refuses to make redelivery to the bailor or prevents him from taking redelivery.

9. Preconditions to disposing of goods under s. 8

(1) A bailee shall not, under section 8, attempt to sell goods unless —

(a) he, after the goods are ready for redelivery, gives a notice in writing, as provided by Part IX, to the bailor that the goods are so ready; and

(b) he, not less than 3 months after he gives the notice referred to in paragraph (a) and not less than one month before he attempts to sell the goods, gives a notice in writing, as provided by Part IX, to —

(i) the bailor; and

(ii) every other person known to the bailee, at the time he gives the notice, as having or claiming to have an interest in the goods; and

(iii) the Commissioner,

of the bailee’s intention to sell or otherwise dispose of the goods.

(2) A bailee shall not, under section 8, dispose of goods other than by selling them unless, during a period of one month after he is entitled to sell them in accordance with that section and subsection (1), he has made reasonable but unsuccessful efforts to do so.

(3) Where, in respect of prescribed goods under a bailment to which this Part applies, there is a dispute such as is referred to in section 15 or 16, a bailee shall not sell the goods or otherwise dispose of them unless the dispute is treated as determined under subsection (1) of section 17 or is determined under subsection (4) of that section or otherwise.

Part III — Disposal of uncollected goods assessed at a value not exceeding the relevant amount

[Heading amended: No. 43 of 2016 s. 5.]

10. Application of this Part

This Part applies in relation to a bailment of goods, other than prescribed goods, of a value not exceeding the relevant amount accepted, whether before or after the coming into operation of this Act, by the bailee in the course of business for inspection, custody, storage, repair, or other treatment.

[Section 10 amended: No. 43 of 2016 s. 6.]

11. Bailee’s right to dispose of uncollected goods

Where goods accepted pursuant to a bailment to which this Part applies are ready for redelivery but there is a failure by the bailor to take redelivery of the goods or, if the terms of any agreement between the bailor and the bailee so provide, to give directions as to their redelivery, the bailee, while that failure continues, may, subject to the terms of any agreement between him and the bailor and to this Act, sell the goods by public auction or private treaty or otherwise dispose of them unless the bailee, for any reason, refuses to make redelivery to the bailor or prevents him from taking redelivery.

12. Preconditions to disposing of goods under s. 11

(1) A bailee shall not, under section 11, attempt to sell goods by public auction unless he —

(a) after the goods are ready for redelivery, gives notice in writing, as provided by Part IX, to the bailor that the goods are so ready; and

(b) not less than 6 months after he gives the notice referred to in paragraph (a) and not less than one month before he attempts to so sell the goods, gives a notice in writing, as provided by Part IX, to —

(i) the bailor; and

(ii) every other person known to the bailee, at the time he gives the notice, as having or claiming to have an interest in the goods; and

(iii) the Commissioner,

of the bailee’s intention to sell or otherwise dispose of the goods; and

(i) a daily newspaper published in Perth and circulating throughout the State; and

(ii) the Government Gazette,

a notice, as provided in Part IX, of intention to sell or otherwise dispose of the goods.

(2) A bailee shall not, under section 11, dispose of goods other than by selling them by public auction, unless, after he is entitled to sell them by public auction in accordance with that section and subsection (1) of this section, he has, in circumstances calculated to offer a reasonable prospect of sale, unsuccessfully offered the goods for sale by public auction on 2 occasions not less than 14 days apart.

(3) Where, in respect of goods under a bailment to which this Part applies, there is a dispute such as is referred to in section 15 or 16, a bailee shall not sell the goods or otherwise dispose of them unless the dispute is treated as determined under subsection (1) of section 17 or is determined under subsection (4) of that section or otherwise.

Part IV — Procedure after goods are sold or otherwise disposed of pursuant to Parts II and III

13. Application of this Part

This Part applies to goods sold or otherwise disposed of pursuant to Part II or Part III.

14. Rights of bailor and bailee, and bailee’s duties, after goods disposed of under Part II or III

(1) Where goods are sold —

(a) any amount by which the gross proceeds of sale exceed the outstanding charges of the bailee in relation to the goods may be recovered by the bailor in a court of competent jurisdiction as a debt due to him by the bailee; and

(b) any amount by which the bailee’s outstanding charges exceed the gross proceeds of sale of the goods may be recovered by the bailee in a court of competent jurisdiction as a debt due to him by the bailor.

(2) Where goods are disposed of otherwise than by sale, the amount of the bailee’s outstanding charges may be recovered by him in a court of competent jurisdiction as a debt due to him from the bailor.

(3) For the purpose of this section references to the charges of a bailee in relation to any goods shall, subject to the terms of any agreement between the bailor and the bailee, be construed as referring to the amount agreed upon for the inspection, custody, storage, repair, or other treatment and the cost of transporting the goods to the premises used by the bailee or if no amount has been agreed upon, a reasonable charge therefor and additional amounts in respect of —

(a) storage of the goods during the period beginning with the date of the notice that goods are ready for redelivery and ending with the date of sale or other disposal; and

(b) any costs of or in connection with the sale or other disposal including the reasonable and necessary expenses incurred by the bailee in serving notices and in publication of advertisements; and

(4) Where goods are sold or otherwise disposed of the bailee shall, within 7 days from the date of the sale or other disposal of the goods, prepare a record containing —

(a) a sufficient description of the goods; and

(b) if the goods have been sold —

(i) the date and place of the sale; and

(ii) the name and address of the place of business of the person who conducted the sale; and

(iii) the amount of the gross proceeds of the sale; and

(iv) the amount of any sum paid to the bailee on account of his charges prior to the sale;

and

(d) if the goods have been destroyed, the name and address of the person by whom they were destroyed; and

(e) if the goods have been disposed of in any other manner, details of it; and

(f) a statement specifying each item of the charges of the bailee in relation to the goods,

and shall, during the period of 6 years from the time the record is prepared, keep the record together with a copy of the notice of intention to sell or otherwise dispose of the goods, and shall, at any reasonable time during that period, if so requested by or on behalf of any person who at the time of the sale or other disposal, had, or claimed to have had, an interest in the goods, produce the record and copy for inspection.

(5) Where a person to whom subsection (4) applies fails to comply with that subsection or prepares or produces for the purposes of that subsection a document that to his knowledge is false in any particular, he is guilty of an offence against this Act.

Part V — Provisions relating to disputes

15. Dispute as to charges etc., effect of on bailee’s right under Part II or III

Where, at any time after notice that goods are ready for redelivery has been given and before the giving by a bailee to a bailor of notice of intention to sell or otherwise dispose of goods, a dispute arises between the bailee and the bailor by reason of the bailor’s refusal in writing —

(a) to pay the sum that the bailee claims to be due to him by way of his charges in relation to the goods; or

(b) to take or give directions for redelivery of the goods,

on the ground that the charges are excessive or that the bailor is not satisfied that the inspection, custody, storage, repair or other treatment of the goods has been properly carried out, the bailee’s right under Part II or Part III to sell or otherwise dispose of the goods shall not be exercised unless the dispute is treated as determined under subsection (1) of section 17 or is determined under subsection (4) of that section or otherwise.

16. Dispute as to description or value of goods, effect of on bailee’s right under Part II or III

Where, at any time after notice of intention to sell or otherwise dispose of goods has been given by a bailee to a bailor and before the goods are sold or otherwise disposed of, a dispute arises between the bailee and the bailor by reason of the bailor’s refusal in writing —

(a) to accept that the goods described in the notice are prescribed goods; or

(b) to accept as accurate the assessment of the value of the goods described in the notice as not exceeding the relevant amount,

the bailee’s right under Part II or Part III to sell or otherwise dispose of the goods shall not be exercised unless the dispute is treated as determined under subsection (1) of section 17 or is determined under subsection (4) of that section or otherwise.

[Section 16 amended: No. 43 of 2016 s. 7.]

17. Determination of disputes

(1) A dispute to which section 15 or 16 refers shall, without prejudice to any other mode of determining it, be treated as determined for the purpose of the section if —

(a) the bailee gives to the bailor a notice in writing, as provided by Part IX, to treat the dispute as determined; and

(b) the bailor does not, within one month after he receives the notice referred to in paragraph (a), give to the bailee a notice in writing that the bailor objects to the dispute being treated as determined for the purpose of the section.

(2) Where, under subsection (1), a dispute is treated as determined, it shall, for the purpose referred to in that subsection, be treated as having been determined on the date the bailee gives the notice to the bailor in accordance with paragraph (a) of that subsection.

(3) Where, within the period of one month referred to in subsection (1)(b), the bailor gives to the bailee a notice in writing that he objects to the dispute being treated as determined for the purpose referred to in that subsection, the bailee or the bailor may make an application for the summary determination of the dispute and the court may exercise all or any of the powers contained in Part VIII.

(4) Upon the making of an order on an application made under subsection (3), the dispute is determined.

(5) Where any costs are awarded in respect of an application made under subsection (3) in respect of any goods, the charges of the bailee in relation to those goods shall, if those costs are awarded against the bailee, be reduced by, and if they are awarded to the bailee, be increased by, the amount of so much of those costs as are not otherwise recovered.

Part VI — Disposal of goods valued in excess of the relevant amount

[Heading amended: No. 43 of 2016 s. 8.]

18. Application of this Part

This Part applies in relation to a bailment of goods, other than prescribed goods, of a value exceeding the relevant amount accepted, whether before or after the coming into operation of this Act, by the bailee in the course of business for inspection, custody, storage, repair, or other treatment.

[Section 18 amended: No. 43 of 2016 s. 9.]

19. Bailee may apply for court order to dispose of uncollected goods

(1) Where goods accepted pursuant to a bailment in relation to which this Part applies, are ready for redelivery but there is a failure by the bailor to take redelivery of the goods, or if the terms of any agreement between the bailor and the bailee so provide, to give directions for their redelivery, the bailee, while that failure continues, may, subject to the terms of any agreement between him and the bailor and to this Act, make an application to the court for an order to sell or otherwise dispose of the goods unless the bailee, for any reason, refuses to make redelivery to the bailor or prevents him from taking redelivery.

(2) The bailee shall not make an application under subsection (1) unless he —

(a) gives a notice in writing, as provided by Part IX, to the bailor that the goods are ready for redelivery; and

(b) not less than 6 months after he gives the notice referred to in paragraph (a) and not less than one month before he makes the application, gives a notice in writing, as provided by Part IX, to —

(i) the bailor; and

(ii) every other person known to the bailee, at the time he gives the notice, as having or claiming to have an interest in the goods; and

(iii) the Commissioner,

of the bailee’s intention to make the application; and

(i) a daily newspaper published in Perth and circulating throughout the State; and

(ii) the Government Gazette,

a notice, as provided by Part IX, of his intention to make the application.

Part VII — Disposal of goods in possession otherwise than under a bailment in the course of business

20. Person possessing another’s goods may apply for court order to dispose of them

Where, without committing a criminal offence, a person has or acquires possession of goods in any way other than under a bailment to which Parts II, III or VI apply and —

(a) he is unaware of either the identity or the whereabouts of the person through whom he came into possession of them; or

(b) the person through whom he came into possession of the goods refuses or fails to relieve him of the possession thereof after having been given notice of the possessor’s intention to make application to the court to sell or otherwise dispose of the goods, as provided in Part IX,

he may, subject to this Act, make an application to the court for an order to sell or otherwise dispose of the goods.

21. Preconditions to making s. 20 application

A person shall not make an application under section 20 unless, not less than one month before he does so, he gives notice in writing, as provided by Part IX, to —

(a) where section 20(b) applies, the person through whom he came into possession; and

(b) any other person known to him, at the time he gives the notice, as having or claiming to have an interest in the goods; and

of his intention to make the application.

Part VIII — Powers of the court

22. Court’s powers on s. 17(3), 19(1) or 20 application

(1) On an application under section 17(3), section 19(1), or section 20, the court may make such order as it thinks fit including an order authorising —

(a) a sole applicant to sell or otherwise dispose of the goods;

(b) joint applicants to sell or otherwise dispose of the goods,

if the sole applicant or at least one of the joint applicants, as the case may be, remains in possession of the goods until he is, in accordance with the order, entitled to sell or otherwise dispose of them.

(2) An order for sale or other disposal of goods made on any application referred to in subsection (1), except an application under section 20 relating to goods that are not held under a bailment shall, if the bailor has not paid to the bailee the bailee’s outstanding charges in respect of the goods, specify the amount that the court considers reasonable in respect of the bailee’s charges to the date of the order, including any of such costs and charges as are referred to in section 14(3) and as have been incurred to that date.

(3) An order for sale or other disposal in respect of any goods —

(a) may specify for the purposes of section 24(a), a rate of storage charge for those goods; and

(b) may specify, for the purposes of section 24(b), the amount that may be incurred in respect of the costs of or in connection with the sale or other disposal of the goods; and

(c) may specify the manner in which and the conditions subject to which the goods may be sold or otherwise disposed of pursuant to the order; and

(d) may prohibit the sale or other disposal of the goods for such period as the court specifies, and may contain such conditions as to advertisement and notice to the bailor, interested persons, and the Commissioner as the court thinks fit.

(4) The power of the court to make an order for sale or other disposal in respect of any goods held under an agreement for bailment is subject to the terms of the agreement.

(5) On an application the court may make such order with respect to costs as it considers just and reasonable and the costs awarded to any person in respect of any such application may be recovered in a court of competent jurisdiction by him as a debt due to him from the person against whom they were awarded unless they are otherwise recovered or accounted for under any other provision of this Act.

23. Order for disposal of goods, effect of

(1) A person in whose favour an order for sale or other disposal is made in respect of any goods may, subject to the order and to this Act, sell or otherwise dispose of the goods.

(2) An order for sale or other disposal in respect of any goods does not affect the right of any person to recover the goods by an action commenced before the goods are sold or otherwise disposed of.

(3) If such an action as is referred to in subsection (2) is commenced before the goods are disposed of in accordance with an order made under this Act, the right under the order for disposal of the goods shall not be exercised until the action is heard and determined, or otherwise disposed of, and if in that action an order is made for the recovery of the goods from the person in whose favour the order for disposal was made, that person’s right to dispose of the goods in accordance with the order made under this Act is extinguished.

(4) For the purposes of this section an action is deemed not to have commenced until a writ or summons or other originating process in the action has been served upon the party from whom it is sought to recover the goods.

24. Subsidiary charges for goods disposed of under court order

Where goods are sold or otherwise disposed of under an order for disposal the person authorised to dispose of the goods under the order may make subsidiary charges in respect of —

(a) a reasonable charge for the storage of the goods during the period beginning with the date of the order and ending with the date of sale or other disposal not exceeding a charge at the rate, if any, specified in the order pursuant to the powers in section 22(3)(a); and

(b) any costs of, or in connection with, the sale or other disposal not exceeding the amount, if any, specified in the order under section 22(3)(b); and

25. Rights of bailor etc. and applicant’s duties after goods disposed of under court order

(1) Where goods are sold under an order for sale the amount by which the gross proceeds of sale exceed the aggregate of —

(a) the amount specified in any order pursuant to section 22(2); and

(b) the amount of any subsidiary charges properly levied in accordance with section 24; and

(c) the amount of any costs awarded to the person authorised to dispose of the goods in respect of the application for the order for disposal that are not otherwise recovered or accounted for under any other provisions of this Act,

is recoverable in a court of competent jurisdiction by the bailor or the person through whom possession was obtained, as the case requires, as a debt due to him by the person authorised to sell the goods, and any amount by which the aggregate of the amounts referred to in paragraphs (a), (b) and (c) exceeds the gross proceeds of the sale is recoverable in a court of competent jurisdiction by the person authorised to sell the goods as a debt due to him by the bailor or the person through whom possession was obtained, as the case requires.

(2) Where goods are sold or otherwise disposed of under the order of the Court, the person authorised by the order to sell or otherwise dispose of the goods shall, not more than 7 days after the date of the sale or other disposal of the goods, prepare a record in relation to the goods containing —

(a) a reference to the order authorising the sale or other disposal of the goods; and

(b) if the goods have been sold —

(i) the date and place of the sale;

(ii) the name and address of the place of business of the person who conducted the sale;

(iii) the amount of the gross proceeds of sale;

and

(d) if the goods have been destroyed, the name and address of the person by whom they were destroyed; and

(e) if the goods have been disposed of in any other manner, details of it; and

(f) a statement specifying each of the items that constitute the amounts referred to in subsection (1),

and shall, not more than 14 days after the date of the sale or other disposal of the goods, file a copy of the record in the court in which the order was made.

(3) A person who had, or claims to have had at the time of the sale or other disposal of the goods under the order for sale or other disposal, an interest in the goods, may inspect a copy of the record filed in the court pursuant to subsection (2).

(4) Where a person to whom subsection (2) applies fails to comply with that subsection or prepares or files for the purposes of that subsection a document that is false in any particular, he is guilty of an offence against this Act.

Part IX — Provisions as to notices

26. Form and content of notices

(1) This section applies to —

(a) notices that goods are ready for redelivery; and

(b) notices of intention to sell or otherwise dispose of goods; and

(d) notices to treat a dispute as determined.

(2) A notice to which this section applies shall be in writing and shall contain —

(a) the names and addresses of the bailor and the bailee or, where Part VII applies, the name and address of the person in possession of the goods with an account of how the goods came into his possession, including the place and date of possession and, where possible, the name and address of the person through whom he acquired possession; and

(b) a sufficient description of the goods to which it relates and of the place where they are situate; and

(3) A notice that goods are ready for redelivery, in addition to containing the matters referred to in subsection (2) that apply to the notice, shall state —

(a) that the goods are available for redelivery by the bailee to the bailor; and

(b) the place at which they are so available; and

(c) the amount, if any, the bailee claims is due to him as charges in relation to the goods and the manner in which that amount has been calculated; and

(d) that unless the bailor —

(i) takes or gives directions for redelivery of the goods; or

(ii) gives to the bailee a notice in writing that he disputes all or any of the matters contained in the notice that the goods are ready for redelivery,

the bailee will in accordance with this Act sell or otherwise dispose of the goods.

(4) A notice of intention to sell or otherwise dispose of goods, in addition to containing the matters referred to in subsection (2) that apply to the notice, shall state —

(a) either that the goods are prescribed goods or other goods to the value of an amount, stating it, not exceeding the relevant amount, as the case may be;

(b) the date on which the bailee gave to the bailor notice that the goods were ready for redelivery;

(i) takes or gives directions for redelivery of the goods; or

(ii) gives to the bailee a notice in writing that he denies that the goods are prescribed goods or that they are other goods to the value of an amount exceeding the relevant amount, as the case may be,

the bailee intends to sell or otherwise dispose of the goods.

(5) A notice of intention to make an application to the court for an order to sell or otherwise dispose of any goods, in addition to containing the matters referred to in subsection (2) that apply to the notice, shall state —

(a) where the bailee has given notice that the goods are ready for redelivery, the date he gave it; and

(b) where there has been a dispute between the bailor and the bailee in relation to the goods and the dispute has been determined, the manner in which and the date on which, it was determined; and

(c) that unless, not more than one month after the bailee has given the notice, the bailor takes, or gives directions for redelivery, the bailee intends to make an application to the court for an order to sell or otherwise dispose of the goods in accordance with this Act.

(6) A notice to treat a dispute as determined, in addition to the matters referred to in subsection (2) that apply to the notice, shall state —

(a) the nature of the dispute and the manner in which it arose; and

(b) that the goods are available for redelivery by the bailee to the bailor; and

(d) that unless, not more than one month after the bailee has given the notice, the bailor takes, or gives directions for redelivery of the goods, the bailee will sell or otherwise dispose of the goods in accordance with this Act.

[Section 26 amended: No. 43 of 2016 s. 10.]

Part X — General

27. Court order, evidence of by certificate

In any proceedings under this Act for the recovery of a sum in relation to goods in respect of which an order has been made, a certificate of the court as to the making and contents of the order is evidence of the matters set forth therein.

28. Surplus proceeds of sale, application of

(1) Where any sum that is recoverable under this Act has not been recovered within a period of 28 days of becoming so recoverable, the person from whom it is recoverable shall, on the expiration of that period, deposit the sum with the Treasurer and furnish to him —

(a) where, in relation to goods in respect of which the sum is recoverable, a record is required to be prepared under section 14(4) or section 25(2), a copy of that record; and

(b) where, in relation to goods in respect of which the sum is recoverable, an order has been made, a certificate of the court as to the making and contents of the order.

(2) Where a person to whom subsection (1) applies complies with that subsection the rights against him by any other person in respect of the sum referred to in that subsection are extinguished.

(3) Where a person to whom subsection (1) applies fails to comply with that subsection or furnishes for the purposes of that subsection a document that to his knowledge is false in any particular, he is guilty of an offence against this Act.

(4) The Treasurer may pay any sum deposited with him under subsection (1) to a person appearing to him to be entitled thereto and if the sum is so paid the rights of any other person in respect of the recovery of that sum from the Treasurer are extinguished.

(5) In subsections (1) and (4) Treasurer means Treasurer of the State for the time being.

29. Bailee’s expenses before sale, recovery of if goods collected

Where at any time after notice that goods are ready for redelivery has been given to the bailor and before the goods specified in that notice have been sold or otherwise disposed of, the bailor takes redelivery of the goods the bailee may, in a court of competent jurisdiction, recover as a debt due to him from the bailor the reasonable and necessary expenses incurred by him in serving notices, in publication of advertisements, and in preparing for sale up to the time of payment.

30. Title to goods acquired

(1) A person who acquires goods sold or otherwise disposed of in the exercise or purported exercise of the powers given under this Act obtains a good title to the goods if he acquires them in good faith and without notice of —

(a) any failure, arising in connection with the sale or other disposal of the goods, to comply with any of the provisions of this Act; or

(b) any lack of title in the bailor or other person who has given possession of the goods to the person effecting the sale or other disposal of them under this Act.

(2) In any civil proceedings by or against a bailee, or any person, authorised by the provisions of this Act to sell or otherwise dispose of any goods, the burden of proving that the provisions of this Act relating to the sale or other disposal of those goods have been complied with lies on that bailee or person.

31. Application to court, making and service of

(1) Applications shall be commenced by application in the form prescribed.

(2) Subject to subsection (3), the court shall not hear an application unless the court is satisfied that a copy of the application has been served upon all such persons as appear to the court to be affected by the application.

(3) Where a copy of an application has not been served on all persons referred to in subsection (2) but the court is satisfied by evidence on oath that every reasonable effort has been made to do so, the court may, nevertheless, proceed to hear and determine the application.

(4) Where the court is satisfied, by evidence on oath, that the identity of a person who appears to the court to be affected by an application is not known and all reasonable steps that can be taken to establish his identity have been taken, it may proceed to hear and determine the application notwithstanding that a copy of it has not been served on him.

32. Court procedure

(1) Subject to this Act, the Magistrates Court (Civil Proceedings) Act 2004 and rules of court made under that Act apply to and to the hearing and determination of an application.

(2) A copy of an application is to be served on any person appearing to be affected by it.

[Section 32 inserted: No. 59 of 2004 s. 141.]

[33. Deleted: No. 59 of 2004 s. 141.]

34. Penalties

A person who is guilty of an offence against this Act is liable to a fine of $1 000.

[Section 34 amended: No. 78 of 1995 s. 147.]

35. Regulations

The Governor may make regulations for giving effect to this Act and, in particular and without limiting the foregoing, prescribing —

(a) goods which may be sold pursuant to Part II;

(b) the forms to be used under this Act.

Schedule — Acts custody of goods under which is not subject to this Act

[s. 6]

[Heading amended: No. 19 of 2010 s. 4.]

Title of Act.
Criminal and Found Property Disposal Act 2006.
Criminal Investigation Act 2006.
Firearms Act 2024.
Government Railways Act 1904.
Jetties Act 1926.
Pawnbrokers and Second-hand Dealers Act 1994.
Public Transport Authority Act 2003.
Shipping and Pilotage Act 1967.
Warehousemen’s Liens Act 1952.
Residential Tenancies Act 1987 sections 79 and 80A.

[Schedule amended: No. 128 of 1987 s. 89; No. 88 of 1994 s. 100; No. 5 of 1999 s. 21; No. 16 of 1999 s. 7(1); No. 31 of 2003 s. 157 and 203; No. 59 of 2006 s. 73; No. 60 of 2011 s. 98; No. 23 of 2024 s. 465.]

dline

Notes

This is a compilation of the Disposal of Uncollected Goods Act 1970 and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table.

Compilation table

Short title	Number and year	Assent	Commencement
Disposal of Uncollected Goods Act 1970	121 of 1970	10 Dec 1970	1 Aug 1971 (see s. 2 and Gazette 16 Jul 1971 p. 2555)
Residential Tenancies Act 1987 s. 89	128 of 1987	21 Jan 1988	1 Oct 1989 (see s. 2 and Gazette 18 Aug 1989 p. 2748)
Pawnbrokers and Second-hand Dealers Act 1994 s. 100	88 of 1994	5 Jan 1995	1 Apr 1996 (see s. 2 and Gazette 29 Mar 1996 p. 1495)
Sentencing (Consequential Provisions) Act 1995 s. 147	78 of 1995	16 Jan 1996	4 Nov 1996 (see s. 2 and Gazette 25 Oct 1996 p. 5632)
Statutes (Repeals and Minor Amendments) Act (No. 2) 1998 s. 76	10 of 1998	30 Apr 1998	30 Apr 1998 (see s. 2(1))
Port Authorities (Consequential Provisions) Act 1999 s. 21	5 of 1999	13 Apr 1999	14 Aug 1999 (see s. 2(1) and Gazette 13 Aug 1999 p. 3823)
Perth Parking Management (Consequential Provisions) Act 1999 s. 7(1)	16 of 1999	19 May 1999	7 Aug 1999 (see s. 2 and Gazette 6 Aug 1999 p. 3727)
*Reprint of Disposal of Uncollected Goods Act 1970* as at 14 Jan 2000** (includes amendments listed above)
Public Transport Authority Act 2003 s. 157 and 203	31 of 2003	26 May 2003	1 Jul 2003 (see s. 2(1) and Gazette 27 Jun 2003 p. 2384)
Courts Legislation Amendment and Repeal Act 2004 s. 141	59 of 2004	23 Nov 2004	1 May 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7128)
Criminal Investigation (Consequential Provisions) Act 2006 s. 73	59 of 2006	16 Nov 2006	1 Jul 2007 (see s. 2 and Gazette 22 Jun 2007 p. 2838)
Standardisation of Formatting Act 2010 s. 4	19 of 2010	28 Jun 2010	11 Sep 2010 (see s. 2(b) and Gazette 10 Sep 2010 p. 4341)
Residential Tenancies Amendment Act 2011 Pt. 5 Div. 1	60 of 2011	14 Dec 2011	1 Jul 2013 (see s. 2(b) and Gazette 3 May 2013 p. 1735)
*Reprint 2: The Disposal of Uncollected Goods Act 1970* as at 1 Feb 2013** (includes amendments listed above except those in the Residential Tenancies Amendment Act 2011)
Disposal of Uncollected Goods Amendment Act 2016	43 of 2016	1 Dec 2016	s. 1 and 2: 1 Dec 2016 (see s. 2 (a)); Act other than s. 1 and 2: 10 Jun 2017 (see s. 2(b) and Gazette 9 Jun 2017 p. 2849)
Firearms Act 2024 Pt. 17 Div. 3 Subdiv. 8	23 of 2024	27 Jun 2024	31 Mar 2025 (see s. 2(d) and SL 2024/289 cl. 2)

Defined terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term Provision(s)

application 4(1)

Commissioner 4(1)

court 4(1)

inspection 4(1)

order 4(1)

prescribed goods 4(1)

relevant amount 4(1)

Treasurer 28(5)

This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.

Attribute work as: © State of Western Australia 2025.

By Authority: GEOFF O. LAWN, Government Printer

Western Australia

Disposal of Uncollected Goods Act 1970

Western Australia

Disposal of Uncollected Goods Act 1970

Contents

Part I — Preliminary

Short title 2
Commencement 2
Terms used 2
Other legal rights and powers, effect on of this Act 3
Act not to apply to bailment etc. under Sch. 1 Act 3

Part II — Disposal of uncollected prescribed goods

Application of this Part 4
Bailee’s right to dispose of uncollected prescribed goods 4
Preconditions to disposing of goods under s. 8 4

Part III — Disposal of uncollected goods assessed at a value not exceeding the relevant amount

Application of this Part 6
Bailee’s right to dispose of uncollected goods 6
Preconditions to disposing of goods under s. 11 6

Part IV — Procedure after goods are sold or otherwise disposed of pursuant to Parts II and III

Application of this Part 8
Rights of bailor and bailee, and bailee’s duties, after goods disposed of under Part II or III 8

Part V — Provisions relating to disputes

Dispute as to charges etc., effect of on bailee’s right under Part II or III 11
Dispute as to description or value of goods, effect of on bailee’s right under Part II or III 11
Determination of disputes 12

Part VI — Disposal of goods valued in excess of the relevant amount

Application of this Part 14
Bailee may apply for court order to dispose of uncollected goods 14

Part VII — Disposal of goods in possession otherwise than under a bailment in the course of business

Person possessing another’s goods may apply for court order to dispose of them 16
Preconditions to making s. 20 application 16

The Act’s principal legal concepts are framed around the contractual relationship of bailment and a series of administrative safeguards designed to balance a bailee’s commercial interest in recovering charges and disposing of uncollected goods with the bailor’s property rights.

Key concepts and their operation in the text:

Bailment in the course of business: Parts II, III and VI apply only where goods were accepted by a bailee “in the course of business” for inspection, custody, storage, repair or other treatment (ss 7, 10, 18). The Act therefore targets commercial service-providers (e.g. repairers, storage operators) rather than private casual custodians.
“Ready for redelivery”: the Act sets objective triggers for when goods are considered ready (s 4(2)): completion of inspection; expiry of arranged custody or storage (or seven days if no period was arranged); or completion of repair/treatment. This timing starts the statutory clock for giving notices and calculating required waiting periods under Parts II-VI.
Prescribed goods: Part II applies to goods that are prescribed by regulation (s 4(1), s 7). The Act leaves the scope of that designation to subordinate legislation (s 35(a)), so which goods are captured as “prescribed” depends on regulations not included in the Act text.
Relevant amount: the Act uses a value threshold, the “relevant amount”, presently expressed in the Act as $3,500 or such other amount as prescribed by regulation (s 4(1)). This divides low-value (Part III) from high-value (Part VI) disposals.
Notice and publication regime: disposal powers are conditional on statutory notice steps. For prescribed goods (Part II) the bailee must give an initial notice that goods are ready, and thereafter a further notice (not less than 3 months after the first and not less than one month before sale) to identified parties including the Commissioner (s 9(1)). For goods under the relevant amount the timeframes are longer and publication is required (s 12(1)(c)). For goods above the threshold, the bailee must seek a court order and follow similar notice and publication requirements (s 19(2)(a)-(c)).
Dispute resolution mechanism: sections 15-17 create a two-stage mechanism. Many disputes between bailor and bailee (over charges, quality or value) prevent disposal unless the dispute is “treated as determined” by a bailee notice (giving the bailor one month to object) or determined through court summary process (s 17). This preserves the bailor’s ability to contest excessive charges or inaccurate descriptions before disposal proceeds.
Court oversight and specification: for high-value goods or where disputes remain, the court may authorise disposal and specify the amount reasonably due for charges up to the order date, storage rates, cost caps and conditions for sale (s 22). Orders may condition advertisement, delay sales and set other procedural safeguards (s 22(3)(c)-(d)).
Post-sale accounts and remedies: the Act sets who recovers proceeds and in what order. If gross proceeds exceed outstanding charges, bailor recovers the surplus as a debt from the bailee; if charges exceed proceeds, the bailee may recover the shortfall as a debt from the bailor (ss 14(1), 25(1)). For court-ordered disposals, filing and inspection rights are articulated (s 25(2)-(3)).
Title and evidential burden: a purchaser who buys in good faith without notice of non-compliance obtains a good title (s 30(1)). Conversely, the bailee or disposing person bears the burden of proving compliance with the Act in civil proceedings (s 30(2)).
Offences and enforcement: false records, false filings or failure to comply with deposit and filing duties attract offences and a maximum fine of $1,000 (ss 14(5), 24(4), 28(3), 34). The Act also empowers recovery of unpaid charges as debts in a court of competent jurisdiction (ss 14(1)(b), 25(1)).

These concepts create a structure where bailees gain a conditional statutory remedy against uncollected goods, but must adhere to procedural and evidential steps that prioritise notice, opportunity for bailors to retrieve or dispute, and judicial control over high-value or contested disposals.

The Act creates rights and obligations for a defined set of actors; some are primary beneficiaries while others carry costs or administrative burdens.

Primary affected parties

Bailees operating in the course of business: repairers, custodians, storage operators and similar commercial services that accept goods for inspection, custody, storage, repair or other treatment (ss 7, 10, 18). The Act gives them statutory powers to sell or dispose of uncollected goods subject to the Act’s notice, timing and dispute procedures (ss 8, 11, 19).
Bailors (owners or the person who delivered goods): they retain the property interest in goods until disposal and have rights to surplus proceeds and to challenge charges or values. The Act imposes deadlines within which bailors must act to recover goods or raise disputes; failure to do so triggers bailee disposal powers (ss 4(3), 14(1), 17, 26).

Secondary affected parties

Purchasers at sale: purchasers who acquire goods sold under this Act obtain good title if they act in good faith and without notice of statutory non-compliance or lack of title (s 30(1)). This affects downstream buyers in the second-hand market or at auction.
Persons claiming an interest in the goods: the bailee must give notice to every person known to have or claim an interest in the goods (ss 9(1)(b)(ii), 12(1)(b)(ii), 19(2)(b)(ii)). Such persons have rights to inspect post-sale records and to bring actions (s 14(4), 25(3)).
The Commissioner of Police: the Commissioner must be given notice of intention to sell or apply to the court in many scenarios (ss 9(1)(b)(iii), 12(1)(b)(iii), 19(2)(b)(iii), 21(c)). That imposes an administrative touchpoint with law enforcement and may affect how certain property categories (for example, suspected stolen goods) are handled.
Courts (Magistrates Court): the court plays a gatekeeping role for disputes and high-value disposals and hears applications under ss 17(3), 19(1) and 20, and exercises the powers in Part VIII (ss 22-23). The Act specifies that “court” means the Magistrates Court constituted by a magistrate (s 4(1)) and that court procedure follows the Magistrates Court (Civil Proceedings) Act 2004 and associated rules (s 32).

Who bears costs and compliance burdens

Bailees bear procedural burdens: providing written notices in prescribed form (Part IX, s 26), publishing notices where required (s 12(1)(c), s 19(2)(c)), keeping disposal records for statutory periods (s 14(4)), serving applications and proving reasonable attempts to contact interested parties (ss 31-32). They also bear the risk of being unable to fully recover charges if the court limits amounts or if sale proceeds are insufficient (ss 14, 22, 25).
Bailors face the risk of loss of property if they do not collect goods within required timeframes or litigate disputes promptly. They also carry the cost of any outstanding charges, including storage and disposal costs potentially recoverable by the bailee (ss 14(3), 24).

Excluded actors and regimes

The Act explicitly does not apply to custody governed by a list of other statutes in the Schedule (s 6 and Schedule). This includes regimes such as the Pawnbrokers and Second-hand Dealers Act 1994, the Criminal and Found Property Disposal Act 2006, the Public Transport Authority Act 2003, and certain provisions of the Residential Tenancies Act 1987, among others. Entities operating under those Acts must follow the relevant statutory regimes instead.

In summary, the Act primarily affects commercial bailees and bailors, with downstream impacts upon purchasers and interested third parties, while imposing procedural and evidential responsibilities on bailees and judicial oversight for higher-value or contested matters.

The Act allocates duties and rights between bailor, bailee, purchaser and court; those allocations determine who may act and who bears the costs of action or inaction.

Bailee’s key rights

Right to sell or otherwise dispose: where goods are ready for redelivery and the bailor fails to collect or give directions, the bailee may sell or otherwise dispose of the goods, subject to agreement terms and compliance with the Act (ss 8, 11). For goods above the relevant amount the bailee must instead apply to the court for an order (s 19(1)).
Right to recover outstanding charges: where sale proceeds are insufficient, the bailee may recover the shortfall as a debt from the bailor in a court of competent jurisdiction (ss 14(1)(b), 25(1)).

Bailee’s procedural duties

Initial and follow-up notices: the bailee must give a written notice that goods are ready for redelivery (Part IX, s 26(3); required by ss 9(1)(a), 12(1)(a), 19(2)(a)). The bailee must then give a later notice of intention to sell or apply to the court after statutory waiting periods have elapsed (ss 9(1)(b), 12(1)(b), 19(2)(b)).
Publication: for disposal by public auction of goods within the relevant amount, and for court applications in respect of higher-value goods, the bailee must publish a notice in a daily Perth newspaper circulating throughout the State and in the Government Gazette at least one month before sale/application (ss 12(1)(c), 19(2)(c)).
Reasonable efforts for alternative disposal: if disposing other than by public auction, the bailee must make reasonable but unsuccessful efforts to sell (s 9(2)), or after attempting auction on at least two occasions (s 12(2)).
Record-keeping and production: where goods are sold, the bailee must prepare a detailed record within seven days (s 14(4)) containing description, sale particulars, proceeds, and an itemised statement of charges, and must keep the record for six years and produce it to interested persons on request (s 14(4)). For court-ordered disposals, a record is to be prepared within seven days and filed in the court within 14 days (s 25(2)).
Avoid false statements: knowingly preparing false documents under the record or filing provisions is an offence (ss 14(5), 24(4), 28(3)).

Bailee’s evidential duty

Burden of proof as to compliance: in civil proceedings involving disposals under this Act, the bailee or the person authorised to sell must prove that the statutory conditions for sale and disposal have been complied with (s 30(2)).

Bailor’s rights

Opportunity to collect or direct redelivery: notices must inform the bailor that goods are available, where they are located, the charges claimed and the bailee’s intention to sell unless the bailor acts within the statutory time (s 26(3)).
Right to recover surplus proceeds: where gross proceeds exceed outstanding charges, the surplus is recoverable by the bailor as a debt from the bailee (s 14(1)(a), s 25(1)(a)).
Right to dispute: the bailor may dispute charges, treatment quality, description, or value; such disputes prevent disposal unless determined (ss 15-17). The bailor has a one month window to object to a bailee’s notice treating a dispute as determined (s 17(1)-(2)).

Purchaser’s rights

Good title if no notice: a purchaser who acquires goods in good faith and without notice of non-compliance obtains good title (s 30(1)). This protects downstream commerce where purchasers cannot practically detect procedural flaws.

Court’s powers and duties

Power to authorise disposal and specify terms: on applications under ss 17(3), 19(1) or 20 the court may make orders authorising sole or joint applicants to sell or dispose (s 22(1)), specify reasonable charges to date (s 22(2)), fix rates of storage or caps on costs (s 22(3)(a)-(b)), prescribe manner and conditions of sale (s 22(3)(c)), prohibit sale for a period or set advertisement/notice conditions (s 22(3)(d)) and award costs (s 22(5)).
Determination of disputes: the court may summarily determine disputes referred by s 17(3) and make consequential orders (s 17(3)-(4)).

Other statutory duties

Deposit of unrecovered sums: if sums recoverable under the Act are not recovered within 28 days, the person from whom those sums are recoverable must deposit them with the Treasurer and furnish records and certificates (s 28(1)); compliance extinguishes other rights against that person in respect of the sums (s 28(2)).
Service and application formalities: applications to court must be in prescribed form, and the court ordinarily will not hear an application unless copy served on all persons appearing to be affected, though exceptions exist if reasonable efforts to serve have been made or identity cannot be ascertained (s 31).

Sanctions and penalties

Offences for false documents and certain failures attract penalties, and the maximum fine for an offence against the Act is $1,000 (s 34).

These duties and rights create a relatively prescriptive process flow: notify, wait prescribed intervals, allow the bailor to act or dispute, and then proceed with disposal subject to additional requirements and possible court oversight, while the bailee must document and be able to prove compliance.

The Act sets a narrow enforcement regime focused on civil recovery and specific criminal offences linked to record falsity and non-compliance with deposit or filing duties.

Monetary penalty

The sole penalty provision explicitly stated in the Act is a maximum fine of $1,000 for an offence against the Act (s 34). That single figure applies to offences expressly created elsewhere in the Act (for example, preparing or producing false documents under ss 14(5), 24(4), and 28(3)).

Criminal offences

False records or filings: a person guilty of preparing or producing a document that they know to be false for the purposes of s 14(4) (records after sale or disposal under Parts II and III), s 25(2) (records after court-ordered disposal), or s 28(1) (deposit filings with the Treasurer) is guilty of an offence (ss 14(5), 24(4), 28(3)). The applicable penalty is the general s 34 fine.

Civil enforcement and recovery

Debt recovery rights: the Act contemplates civil enforcement by way of ordinary debt remedies. Where proceeds of sale exceed charges, the surplus is recoverable by the bailor from the bailee as a debt (ss 14(1)(a), 25(1)(a)). Conversely, where proceeds are insufficient, a bailee may sue the bailor for the shortfall as a debt (ss 14(1)(b), 25(1)(c)). Section 29 also permits a bailee to recover reasonable and necessary expenses incurred up to the time of payment where goods are collected after notice but before sale.
Court orders: for goods exceeding the relevant amount, disposal is by court order (Part VI, s 19). The court can enforce procedural compliance, fix amounts available for recovery, and award costs (ss 22-23). The court’s orders are evidence of their making and contents by certificate (s 27), facilitating enforcement.

Protections for purchasers

Title assurance: a bona fide purchaser who acquires goods without notice of non-compliance or lack of title obtains good title (s 30(1)). This reduces litigation over title for purchasers acting in good faith and encourages market transactions in sold goods.

Evidential and procedural enforcement

Burden of proof on bailee: in civil proceedings by or against the bailee or person authorised to sell or dispose of goods, the bailee bears the evidential burden of proving compliance with the Act’s sale/disposal provisions (s 30(2)). This affects enforcement strategy: bailees should maintain documentary proof of notices, publications and attempts to contact interested parties.

Administrative enforcement steps

Deposit with Treasurer: sums unrecovered within 28 days must be deposited with the Treasurer and accompanied by records or court certificate (s 28(1)); the Treasurer may then pay deposited sums to persons appearing entitled and payment extinguishes other rights against the Treasurer (s 28(4)). Failure to comply with deposit and filing obligations is an offence (s 28(3)).

Court discretion and costs

The court may order costs on applications under ss 17(3), 19(1) or 20 and such costs are recoverable as a debt unless otherwise recovered under the Act (s 22(5)). Costs awards may therefore shift the financial burden between parties when seeking judicial determination.

Practical enforcement picture

The Act relies largely on civil mechanisms (debt recovery, court orders) and narrow criminal sanctions focused on fraudulent or false documentation. Enforcement therefore is practical and record-driven: the statutory penalties for procedural missteps are limited in monetary terms but the key risk for bailees is civil liability for improperly disposed goods and the evidential burden in court. Buyers are protected by the statutory title provision when acting without notice of non-compliance.

The Act is structured to operate alongside and subordinate to other statutory regimes and the common law, with specific exclusions and saving provisions.

Non-derogation from other rights

The Act expressly states it does not derogate from rights or powers of any person other than a bailor of goods to which the Act applies, conferred by or under another Act or by rules of equity or common law (s 5). Subject to s 30 (title to goods), other statutory or common law rights remain available and may be exercised as if the Act had not been passed.

Exclusions , Schedule and s 6

The Act does not apply to bailments, possessions or custody governed by statutes listed in the Schedule (s 6). The Schedule includes, for example, the Criminal and Found Property Disposal Act 2006, Pawnbrokers and Second-hand Dealers Act 1994, Public Transport Authority Act 2003, Warehousemen’s Liens Act 1952, and certain provisions of the Residential Tenancies Act 1987, among others. Entities operating under those Acts follow the procedures and protections in those statutes rather than this Act.

Interaction with court procedures

Court applications under this Act are to be conducted in the Magistrates Court and, unless otherwise provided, the Magistrates Court (Civil Proceedings) Act 2004 and rules of that court apply (s 32(1)). This aligns evidence and procedure with contemporary magistrates’ civil practice and rule-making.

Overlap with criminal law and police

The Commissioner of Police (defined in s 4(1)) is a required notice recipient in many scenarios (ss 9(1)(b)(iii), 12(1)(b)(iii), 19(2)(b)(iii), 21). The inclusion of the Commissioner as a notice recipient creates an interface with policing and with other statutory regimes (e.g. stolen property reporting) even though the Act does not itself criminalise possession or theft; it allows police to be aware of uncollected goods potentially of investigative interest.

Regulatory specification and subordinate law

The Act defers key definitions and thresholds to regulation: the Governor may make regulations prescribing goods that may be sold under Part II and the forms to be used (s 35). The Act also defines “relevant amount” as $3,500 or such other amount as prescribed by regulation (s 4(1)). Therefore, practical application depends on the text of subordinate regulations which determine the list of “prescribed goods” and may alter the monetary threshold.

Link with Treasurer functions

Where sums recoverable under the Act are not recovered within 28 days, those sums are to be deposited with the Treasurer, who may pay deposited sums to those appearing entitled and thereby extinguish other rights (s 28). This creates an administrative payment and discharge mechanism intersecting with public finance administration.

Relationship to title and commercial law

The Act’s title provision (s 30(1)) provides statutory protection to purchasers akin to commercial sale protections, facilitating commerce by protecting bona fide buyers. At the same time the bailee retains the evidential burden of proving compliance with the Act when title is later challenged (s 30(2)), keeping the statutory scheme aligned with commercial risk allocation.

In short, the Act is intended to operate alongside other statutory and common law regimes, preserving existing rights (s 5), excluding specified regimes (s 6 and Schedule), while relying on subordinate regulations for key practical parameters and using the Magistrates Court framework for judicial enforcement (s 32).

The compilation notes and schedules included in the Act text list the principal statutory amendments and commencement dates that have shaped the current form of the Act. The Act has been amended repeatedly since its 1970 enactment; the text provided includes the integrated amendments as at 2025.

Key milestones recorded in the compilation table:

1970: Disposal of Uncollected Goods Act 1970 (No. 121 of 1970), assent 10 December 1970; commencement 1 August 1971 (Gazette reference). This is the parent Act establishing the disposal regime.
1987: Amendments via the Port Authorities (Consequential Provisions) Act 1999 and other amendments; an earlier amendment in 1987 is reflected in s 6 being altered (Schedule adjustments) with commencements cited (see compilation table entries 1987 and 1999 items).
1994: Pawnbrokers and Second-hand Dealers Act 1994 (s 100), which also affected exclusions in the Schedule; commencement 1 April 1996.
1995: Sentencing (Consequential Provisions) Act 1995 s 147 (amendment to penalty scheme), commenced 4 November 1996; the Act’s penalty s 34 was amended by this Act.
1998: Statutes (Repeals and Minor Amendments) Act (No. 2) 1998 s 76 , a minor textual amendment (s 3 deleted) with effect 30 April 1998.
1999: Consequential amendments from several Acts including Perth Parking Management and Port Authorities affecting the operation and scope.
2003: Public Transport Authority Act 2003 ss 157 and 203 inserted entries into the Schedule (commencement 1 July 2003).
2004: Courts Legislation Amendment and Repeal Act 2004 s 141 introduced references to the Magistrates Court procedure and updated court-related provisions (commenced 1 May 2005).
2006: Criminal Investigation (Consequential Provisions) Act 2006 s 73 amended references; commencement 1 July 2007.
2010: Standardisation of Formatting Act 2010 s 4 (formatting amendments), commenced 11 September 2010.
2011: Residential Tenancies Amendment Act 2011 Pt 5 Div 1 altered Schedule references (commenced 1 July 2013 for some parts).
2016: Disposal of Uncollected Goods Amendment Act 2016 (No. 43 of 2016) enacted on 1 December 2016 with other provisions commencing 10 June 2017. The 2016 amendments amended headings and certain provisions (the text includes amendments s 4, 5, 6, 7, 8, 9, 10, 11 headings and other cross-references).
2024: Firearms Act 2024 amendments to the Schedule (Pt 17 Div 3 Subdiv 8), with commencement for that Part on 31 March 2025.

Practical upshot from amendment history in the text

The Act has been maintained and updated over decades to align with changes in other statutory regimes, court procedure, and administrative practice. The Schedule has been adjusted repeatedly to exclude custody regimes established in newer statutes (e.g. Criminal and Found Property Disposal Act 2006, Pawnbrokers Act 1994, Firearms Act 2024).
The “relevant amount” is anchored in s 4(1) as $3,500 or such other amount as prescribed by regulation; the Act’s design allows this monetary threshold to be updated by regulation without primary legislation.
The 2004 and later amendments anchor applications in modern Magistrates Court civil procedure (s 32), shifting procedural practice toward the current court rules framework.

This compilation shows the Act as an evolving statutory mechanism; those advising clients should check for any regulations prescribing “prescribed goods” or changing the relevant amount, and confirm any subsequent amendments or case law not contained in the Act text provided.

The text of the Act that you provided does not include or cite judicial decisions, case law, or litigation history. There are no cases named within this Act compilation. The Act itself contemplates court involvement under ss 17(3), 19(1) and 20 and proceedings in the Magistrates Court (s 4(1), s 32), but it does not reference any reported decisions or judicial interpretations.

What the Act provides as to litigation

The Act anticipates summary determinations and applications to the Magistrates Court for dispute resolution and for orders authorising disposal (ss 17(3), 19(1), 20, 22). It also makes clear that civil proceedings may be commenced to recover debts arising under the Act, that the court may award costs (s 22(5)), and that the court’s certificate is evidence of an order’s making and contents (s 27), but the Act does not supply litigation precedent or interpretative guidance beyond statutory text.

Practical implication for practitioners

Because the Act allocates the burden of proving compliance with disposal procedures to the bailee (s 30(2)), litigated disputes about compliance, adequacy of notices, timing and service, adequacy of publication, or whether an item is “prescribed” or above the relevant amount are likely to turn on factual record and documentary evidence. The Act’s structure suggests litigation will focus on procedural compliance rather than abstract legal questions, though statutory interpretation issues (e.g. what constitutes “reasonable” efforts under s 9(2) or whether a predicate was satisfied) can arise.
To research litigation trends or case law interpreting this Act, practitioners must consult external case databases and court registers, since the Act text provided contains no reported decisions.

The Act’s text contains several practical traps that commonly trip up bailees, bailors and advisers if unheeded. These are mechanistic and evidence-driven risks tied directly to the statutory wording.

Strict timing and sequencing requirements

The Act prescribes exact waits and notice windows. For prescribed goods under Part II a bailee must give an initial notice that goods are ready for redelivery, then wait at least three months before giving the notice of intention to sell, and that latter notice must be given not less than one month before sale (s 9(1)(a)-(b)). For goods under the relevant amount and intended to be sold by public auction, the initial wait is six months from the ready-for-redelivery notice before sale notice (s 12(1)(b)); publication in Perth daily newspaper and Government Gazette is also required one month before sale (s 12(1)(c)). Mis-timing any of these steps can void a sale and expose the bailee to liability because the bailee bears the burden of proving compliance (s 30(2)).

Publication specifics

The Act requires publication in “a daily newspaper published in Perth and circulating throughout the State” and the Government Gazette (ss 12(1)(c), 19(2)(c)). This is not “local notice” but a statewide publication requirement; failing to use both avenues or to meet publication timing undermines the bailee’s position.

Notice to the Commissioner

The Commissioner of Police must be notified in many circumstances (ss 9(1)(b)(iii), 12(1)(b)(iii), 19(2)(b)(iii), 21(c)). Practitioners sometimes overlook this requirement; absence of police notice is a material compliance failure because the bailee must prove statutory compliance in later proceedings (s 30(2)).

Definition of “ready for redelivery”

The statutory triggers in s 4(2) are precise. For example, goods accepted for custody become ready for redelivery when the arranged period expires or, if no period was arranged, after seven days. Bailees must record acceptance dates, agreed custodial periods and completion dates to avoid disputes about when the statutory clock began.

Distinction between “prescribed goods”, goods “not exceeding the relevant amount” and goods “exceeding the relevant amount”

Whether a particular item falls into Part II, Part III or Part VI materially changes the required procedure (no court order required for certain categories vs court application required for goods exceeding the relevant amount under Part VI). Because “prescribed goods” are defined by regulation, and the “relevant amount” may be changed by regulation, practitioners must check current regulations rather than rely solely on the Act text (s 4(1), s 35).

Dispute handling pitfalls

Disputes over charges or description block disposal unless either the dispute is “treated as determined” under s 17(1) (a bailee-issued notice giving the bailor one month to object) or the dispute is determined by the court under s 17(3)-(4). If the bailee attempts to proceed without following s 17, disposal will be vulnerable to challenge.

Burden of proof

The bailee bears the burden of proving compliance in civil proceedings (s 30(2)). That makes documentary evidence (proof of service, copy of notices, publication receipts, auction records, records of attempts to contact interested persons) critical. Poor record-keeping is a decisive practical risk.

Record-keeping obligations and criminal offences

A failure to keep and produce required records, or knowingly producing false documents, is an offence (s 14(5), s 24(4), s 28(3)) subject to the Act’s fine maximum (s 34). The record-keeping windows are exact: records under Part IV must be kept for six years (s 14(4)); court-ordered disposal requires filing within 14 days (s 25(2)).

Title and purchaser protection

A purchaser who takes in good faith without notice of non-compliance receives good title (s 30(1)). This can extinguish the bailor’s practical remedy against the goods long before litigation about compliance concludes, unless the bailor acts quickly to retrieve or seek injunctions prior to sale.

Exclusion by other statutes

The Act does not apply to goods held under certain Acts listed in the Schedule (s 6). Failing to check whether another statutory regime governs custody (for example, pawnbrokers or found property regimes) can lead to using the wrong procedure.

Service and identity issues

The court will not ordinarily hear an application unless the applicant has served affected persons, except where reasonable efforts are proved or where identity cannot be established (s 31). Demonstrating “every reasonable effort” to serve or investigate identity requires clear affidavits and evidence.

Practical commercial consequences

Although the Act allows bailees to recover outstanding charges as a debt, recovery may be limited by court-specified reasonable charges (s 22(2)) or by insufficient proceeds. Bailees should not treat the statutory sale as an absolute cash-recovery device without procedural compliance and realistic expectations about proceeds.

These “gotchas” are not speculative policy critiques; they are direct consequences of the Act’s text and timing, notice, publication and evidential requirements.

This section provides a practitioner-oriented compliance checklist and a recommended documentary trail for bailees, owners and others dealing with uncollected goods under the Act. Follow the Act’s specific provisions cited.

Identify which Part applies

Determine whether the goods are “prescribed goods” (Part II), goods of value not exceeding the “relevant amount” ($3,500 as stated in the Act unless changed by regulation) (Part III), or goods exceeding the relevant amount (Part VI). Confirm the current regulatory list of “prescribed goods” and any changes to the relevant amount under regulation (s 4(1); s 35).
Confirm the bailee is acting “in the course of business” for Parts II, III and VI to apply (ss 7, 10, 18).

Establish the goods are “ready for redelivery”

Record the date goods became ready under s 4(2): inspection completed, custody/storage period expiry (or seven-day fallback), or completion of repair/treatment. Documentary evidence of this date starts statutory timeframes.

Serve the initial written notice that goods are ready for redelivery

Within a reasonable time after the goods are ready, give the written notice required by Part IX, s 26(3). The notice must be in writing and include the names and addresses of bailor and bailee, a sufficient description and location of the goods, the Part of the Act relied upon, the amount claimed as charges and how calculated, and a warning that the bailee will sell unless the bailor takes or directs redelivery or disputes in writing (s 26(2)-(3)).
Keep proof of service and a copy of the notice.

Observe the statutory waiting periods

For prescribed goods (Part II): after the initial notice, do not give notice of intention to sell until at least three months have passed; the notice of intention must be given not less than one month before sale (s 9(1)(a)-(b)).
For goods within the relevant amount intended to be sold by public auction (Part III): wait six months after the initial notice before giving the sale notice, and ensure the sale notice is given not less than one month before sale (s 12(1)(b)). Also arrange publication as below.
For goods exceeding the relevant amount (Part VI): you must apply to the Magistrates Court for an order (s 19(1)). Before doing so, give the initial notice and then later notice of intention to make the application not less than six months after the initial notice and not less than one month before making the application (s 19(2)(a)-(b)).

Give the statutory secondary notice of intention to sell or apply

For all applicable Parts the secondary notice must be in writing and must be given to the bailor, to every other person known to the bailee as having or claiming an interest in the goods at that time, and to the Commissioner (ss 9(1)(b), 12(1)(b), 19(2)(b)). Use the form and content requirements in s 26(4)-(5). Retain proof of delivery.

Publish where required

For Part III sales by public auction and for court applications in relation to higher-value goods, publish a notice at least one month before sale/application in a daily Perth newspaper circulating throughout the State and in the Government Gazette (ss 12(1)(c), 19(2)(c)). Obtain and retain publisher receipts and the Government Gazette copy.

If not selling by public auction, document “reasonable efforts”

If disposing other than by public auction (Part II s 9(2); Part III s 12(2)), document the efforts made to offer the goods for sale in circumstances offering a reasonable prospect of sale, or record at least two unsuccessful auction attempts not less than 14 days apart for Part III alternative procedure. Maintain evidence: listing attempts, advertisements, failed auctions, bids received.

Handle disputes correctly

If a dispute arises over charges, description or value, do not proceed unless the dispute is treated as determined under s 17(1) (serve a notice to treat the dispute as determined and allow one month for objection) or the dispute is determined by the Magistrates Court under s 17(3)-(4). Keep copies of all dispute notices and any court orders.

Obtain a court order where required

For goods exceeding the relevant amount (Part VI) or where you seek judicial authorisation, file an application in the prescribed form (s 31(1)), ensure the application is served on persons appearing to be affected, and be prepared to demonstrate proof of service or affidavit of reasonable attempts (s 31(2)-(4)). Comply with Magistrates Court procedures and rules (s 32).

Before sale: ensure no procedural defects

Re-audit all steps: initial notice, secondary notice, Commissioner notice, publication copies, evidence of service on interested parties, proof of attempts for alternative disposal, and any dispute resolution steps. Remember the bailee bears evidential burden of compliance (s 30(2)).

After sale or disposal: prepare and retain records

If goods are sold under Parts II or III, prepare a record within seven days containing the description, sale particulars, gross proceeds, any sums paid earlier on account, details of gift or destruction if relevant, and an itemised statement of charges (s 14(4)). Keep the record and copy of the notice for six years and produce to interested persons on request.
If goods are sold under a court order, prepare a record within seven days and file a copy in the court within 14 days of sale/disposal (s 25(2)). Allow inspection of the court-filed record by persons claiming interest (s 25(3)).

Deal with proceeds correctly

Apply sale proceeds first to outstanding charges as specified by the Act or court order, then return any surplus to the bailor as recoverable debt from the bailee (ss 14(1)(a), 25(1)). If sums recoverable remain unpaid after 28 days, deposit them with the Treasurer with the required records and certificates (s 28(1)).

Avoid false documentation and keep careful records

Do not knowingly file or prepare false records; doing so is an offence attracting the Act’s maximum penalty (ss 14(5), 24(4), 28(3), 34). Maintain a transactional bundle: copies of all notices served, proofs of publication, affidavits of service, auctioneer receipts, sale tickets, sale ledger, and proofs of deposits.

Where identity or whereabouts are unknown

If you are a person possessing goods not under a business bailment and you cannot identify or locate the person through whom you acquired possession, or that person refuses to relieve the possessor after statutory notice, you may apply to the court under s 20. Prior to application, give one month’s notice as required by s 21 and notify the Commissioner.

Consult regulations and update practice

Check the regulations for the current definition of “prescribed goods”, the relevant amount and the forms to be used as the Act delegates these to subordinate law (s 35). Update internal compliance checklists if regulations change.

When in doubt, seek court authorisation

Court orders under Part VIII give the court power to specify reasonable charges, storage rates, caps on incidental costs and conditions of sale (s 22). If there is any doubt about service, identity, dispute, or value, obtaining a court order reduces litigation risk and gives the bailee an authoritative evidentiary basis for disposal.

This compliance path follows the statutory sequence and highlights the documentary trail required because the bailee carries the burden of proof that all statutory prerequisites were complied with (s 30(2)). Keeping rigorous records and observing the statutory timeframes and publication specifications materially reduces litigation risk.

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