Unclaimed Goods Act 1987

The Act rests on a small set of defined terms and thresholds that determine process and rights.

• Bailee and bailor, defined in s 3(1): the bailee is a person in possession of goods belonging to another; the bailor is the owner. All procedural duties and rights flow from this relationship.

• Unclaimed goods, defined by three alternative fact patterns in s 5(1):

  • failure to collect under an agreement where the bailor was to collect at a specified time (s 5(1)(a));
  • bailee unable to deliver after making reasonable attempts under an agreement (s 5(1)(b)); and
  • where there is no governing agreement, the bailee has requested collection and the bailor has refused or has not collected within 42 days of the request (s 5(1)(c)).

• Relevant date, defined in s 3(1), is the date on which goods become unclaimed for the purposes of the Act. Disposal timings in s 6 are measured from that date.

• Scales of value (s 3(1)): scale 1 $100 or less; scale 2 more than $100 but less than $500; scale 3 $500 or more. These scales determine whether court authorisation is required and whether sale procedures such as public auction and notice are necessary (s 6).

• Court definitions and jurisdiction (s 3(1)): for questions affecting goods valued at not exceeding $100,000 the Magistrates Court is the Court; for value exceeding $100,000 the District or Supreme Court is the Court. The Court has an authorising and supervisory role where required by the Act.

• Notice requirements: a bailee’s request to a bailor where no agreement exists must contain the address for collection, a brief description of the goods, and stated collection times or hours (s 5(2)(a)-(c)). Requests may be by post to the last known address, or, where the bailor’s identity or whereabouts are unknown, by newspaper notice in a prescribed form (s 5(2)(d)). A request must allow a reasonable opportunity for collection (s 5(3)).

• Timing for disposal: a bailee may sell or dispose of unclaimed goods only after three months from the relevant date (s 6(1)). For scale 3 goods, court authorisation is mandatory before sale (s 6(2)). For scale 2 goods sold without authorisation, sale must be by public auction with at least one month’s notice to the Commissioner of Police and the bailor (s 6(5)).

• Proceeds priority and Treasurer role: s 8(1) allows the bailee to retain reasonable costs and lien amount from sale proceeds, with the balance paid to the Treasurer. The Treasurer may then pay any person the Treasurer is satisfied had an interest in the goods or proceeds (s 8(2)).

• Purchaser protections: a buyer who purchases pursuant to the Act obtains good title and is protected against the bailee’s lien and other mortgages or charges of which the purchaser was unaware (s 9(1)-(2)).

• Discretionary and supervisory nodes: the Court may give directions on sale or disposal when it grants authorisation (s 6(4)); the Treasurer exercises discretion in paying balances (s 8(2)); the Governor may make regulations, including about notice content and scales (s 11).

These concepts combine to create procedural default rules for bailees and statutory safety valves for bailors, purchasers, the Crown and third parties.

The Act directly affects the following actors and, indirectly, related stakeholders.

• Bailees: the primary operational duties fall on bailees. A bailee in possession of another’s goods must determine whether goods are unclaimed under s 5, run the statutory notice processes (s 5(2)-(3)), observe the three-month waiting period (s 6(1)), and follow the sale rules that apply by value scale (s 6). Bailees may apply to the Court for authorisation to sell (s 6(2)) and must provide notice to the Commissioner of Police where an application is made (s 6(3)(a)). If a bailor claims goods after proceedings have commenced, the bailee must hand the goods over but may require payment of reasonable costs and any liens (s 7(1)-(3)). Bailees also have the practical task of accounting for sale proceeds, retaining specified amounts and paying the balance to the Treasurer (s 8(1)).

• Bailors: the Act prescribes the conditions under which their goods become unclaimed (s 5). Bailors are required to respond to a valid request from a bailee within the time and opportunity provided (s 5(2)-(3)); if they fail to do so, their property risks sale after the statutory processes and waiting periods. If a bailor claims goods after proceedings commence, they must pay reasonable charges and lien amounts demanded by the bailee before reclaiming (s 7(2)), or else risk the bailee proceeding to sale after 42 days from receipt of an account (s 7(3)). If goods are sold and proceeds paid to the Treasurer, the bailor’s recovery of the balance is subject to the Treasurer’s satisfaction regarding prior or subsequent interests (s 8(2)).

• Purchasers at sale: a person who purchases under the Act obtains good title free of specified encumbrances (s 9). The Act protects purchasers against the bailee’s lien and against mortgages, liens or charges affecting the goods that the purchaser was not aware of at the time of sale (s 9(2)). Purchasers thereby gain statutory certainty of title when the Act’s sale procedures are properly followed.

• Courts: the Court is given jurisdictional and supervisory functions. It must authorise sale of scale 3 goods (s 6(2)), may require notice to interested persons (s 6(3)(b)), and may give directions about the sale or disposal when authorising it (s 6(4)). The Court also hears reviews of accounts when bailors dispute the bailee’s charges (s 7(4)(b)).

• Commissioner of Police: must be given notice of applications to the Court to authorise sale (s 6(3)(a)) and is to receive notice of proposed auctions for scale 2 goods sold without authorisation (s 6(5)(b)(i)).

• The Treasurer: receives the balance of sale proceeds after statutory deductions by the bailee (s 8(1)(b)) and is empowered to pay out all or part of that balance to persons in whom the Treasurer is satisfied there was a prior or subsequent interest in the goods or proceeds (s 8(2)). This creates an administrative gatekeeper role for the Treasurer.

• The Crown: the Act binds the Crown (s 4), so Crown entities can be bailees or bailors and are subject to the Act’s regime.

• Regulators and persons with liens or security interests: the Act preserves bailee remedies under other Acts (s 10), and the Governor may make regulations to prescribe notice information or vary scales (s 11).

Indirectly, the Act touches on sectors where bailees routinely hold third-party goods, such as storage operators, repairers, automotive repairers, hotels, freight forwarders and auction houses that may handle disposal. The Act’s sale and notice procedures, and the allocation of sale proceeds, shape their commercial decisions about holding, storing and releasing goods.

This section summarises the principal statutory duties imposed on bailees and corresponding rights and remedies, with cross-references to the Act.

Duties on bailee

• Determine unclaimed status: the bailee must identify whether goods fall within s 5(1)(a)-(c). The definitions impose fact-based duties: verifying the terms of any collection/delivery agreement and assessing whether reasonable attempts to deliver have been made (s 5(1)(b)). Where no agreement exists, the bailee must issue a request complying with s 5(2) before the goods can be treated as unclaimed under s 5(1)(c).

• Content and method of request: where the bailee issues a request under s 5(1)(c), the request must state the address where the goods can be collected, a brief description of the goods, and the times or hours for collection (s 5(2)(a)-(c)). The request may be sent by post to the bailor’s last known address, or, if the bailor’s identity or whereabouts are unknown, by notice in the prescribed form published in a newspaper circulating generally throughout the State (s 5(2)(d)). The request must provide a reasonable opportunity for collection (s 5(3)).

• Waiting period before sale: a bailee must not sell or dispose of unclaimed goods until after three months from the relevant date (s 6(1)). The relevant date is when the goods become unclaimed for the purposes of the Act (s 3(1)).

• Court authorisation where required: if the goods’ value is within scale 3 (s 3(1)) the bailee must obtain Court authorisation before sale or disposal (s 6(2)). An application for authorisation requires notice to the Commissioner of Police and any other notice the Court thinks appropriate to the bailor and other persons the Court considers may have an interest (s 6(3)).

• Auction and notice obligations for scale 2 sales without authorisation: if the bailee sells scale 2 goods without court authorisation, the sale must be by public auction and notice in the prescribed form of time and place must be given at least one month beforehand to the Commissioner of Police and to the bailor (s 6(5)(a)-(b)). Notices may be given by post or, if the bailor’s identity is unknown, by advertisement (s 6(6)).

Rights and remedies for bailee

• Sale and disposal powers: after complying with the statutory process, the bailee may sell the goods (s 6(1)(a)) or, if the value would be insufficient to defray sale costs, otherwise dispose of them (s 6(1)(b)).

• Retention from proceeds: upon sale, the bailee may retain from proceeds the reasonable costs of the sale and of proceeding under this Act, storage and maintenance costs prior to sale, and the amount of any lien the bailee had over the goods (s 8(1)(a)(i)-(iii)).

• Proceeding where bailor delays payment: if a bailor claims goods after proceedings have begun, the bailee must hand over the goods but may require payment of reasonable costs and lien amounts first (s 7(1)-(2)). If the bailor does not pay within 42 days after a written account, the bailee may proceed to sell or dispose of the goods, subject to the bailor’s right of review (s 7(3)-(4)).

Rights and protections for bailor and third parties

• Bailor’s reclamation right: a bailor may reclaim goods at any time before sale, subject to meeting amounts lawfully claimed by the bailee (s 7(1)-(2)). If the bailor disputes the charges, the bailor can apply to the Court for review, and the Court may disallow charges in whole or in part (s 7(4)).

• Treasurer’s role and potential recovery: proceeds not retained by the bailee go to the Treasurer (s 8(1)(b)). The Treasurer may pay all or part of the balance to a person the Treasurer is satisfied had a prior interest in the goods prior to sale or an interest after sale (s 8(2)).

Rights for purchasers

• Good title guaranteed: a purchaser at a sale conducted under the Act acquires a good title to the goods (s 9(1)), and that title is free of the bailee’s mortgage, lien or charge (s 9(2)(a)) and of any other mortgage, lien or charge affecting the goods at the time of sale of which the purchaser was then unaware (s 9(2)(b)).

Administrative and supervisory powers

• Court directions: when the Court grants authorisation under s 6(2), the Court may give directions regarding sale or disposal as it sees fit (s 6(4)).

• Regulations and variations: the Governor may make regulations for matters contemplated by the Act, and may prescribe notice contents and vary the value scales (s 11).

These provisions create a network of duties and entitlements balancing the bailee’s ability to clear uncollected goods against bailor protection and purchaser certainty.

The Act, as supplied, contains no express criminal penalties, fines or penalty provisions within its text for failure to comply with the procedural requirements; it instead establishes process, civil remedies, supervisory roles and administrative outcomes. Enforcement mechanisms and remedies under the Act are therefore primarily civil and administrative:

• Court authorisation and supervision: where required by the Act, disposal must be authorised by the Court (s 6(2)); the Court can direct the manner of sale or disposal (s 6(4)), and can review and disallow bailee charges where a bailor challenges an account (s 7(4)(b)). The Court’s supervisory function is a principal enforcement lever for disputes about compliance with the Act’s procedural requirements.

• Bailor’s rights to recovery and review: procedural safeguards enable a bailor to reclaim goods before sale on payment of lawful charges (s 7(1)-(3)), and to seek Court review of an account rendered by the bailee (s 7(4)). The stay on sale pending review (s 7(4)(a)) operates as a protective enforcement mechanism in favour of the bailor.

• Treasurer’s administrative remedy: after sale, proceeds must be paid to the Treasurer (s 8(1)(b)). The Treasurer’s control over the balance and power to pay claimants (s 8(2)) is an administrative enforcement and distribution mechanism, providing an avenue for third parties to recover from a central repository.

• Title assurance for purchasers: statutory protection of purchasers (s 9) functions as an enforcement mechanism assuring market participants that a properly conducted sale under the Act produces indefeasible title, thereby reducing litigation risk for purchasers who buy in good faith.

• Preservation of other remedies: the Act expressly provides that it does not affect a bailee’s right to dispose of goods in accordance with any other Act (s 10). That acknowledgement preserves enforcement avenues or remedies that may exist elsewhere in statute or contract.

• Regulatory instruments: the Governor may make regulations necessary or expedient for the Act, including prescribing notice information and varying value scales (s 11). Regulations can therefore set procedural details that, once made, may create obligations whose breach could attract regulatory consequences if the regulations themselves provide for enforcement.

The absence of express penal sanctions in the Act’s operative text means that enforcement is channelled through civil litigation, court supervision, administrative controls exercised by the Treasurer, and any subordinate regulations made under s 11 that themselves prescribe consequences. Parties affected should therefore expect disputes about compliance, reasonableness of attempts or charges, or the sufficiency of notice to be resolved by the Court, and to rely on the Court’s supervisory powers rather than automatic statutory penalties.

The Act contains a few express cross-references and interaction points with other statutory instruments and institutions, and implicitly overlays its procedural regime on property and creditor arrangements.

• Preservation of other statutory remedies: s 10 expressly provides that the Act does not affect a bailee’s right to dispose of goods under any other Act. This means that where specialised statutory schemes give bailees distinct powers or priorities (for example, specific lien or disposal regimes under other legislation), those alternative routes remain available. The Act therefore operates as a default or additional mechanism, not an exclusive trunk.

• Treasurer’s administrative payments: s 8(1)(b) and s 8(2) give the Treasurer custody of sale balances and the discretionary power to pay persons with prior or later interests. That mechanism places the Act’s proceeds within the general administrative and public finance framework of the State, which may interact with other statutes governing public monies, trust funds and claims against the Crown or the Treasurer. The Act does not specify procedural rules for competing claims to the balance beyond the Treasurer’s satisfaction test in s 8(2).

• Court jurisdictional thresholds: s 3(1) defines "Court" by monetary thresholds, assigning matters at or below $100,000 to the Magistrates Court, and matters exceeding $100,000 to the District or Supreme Court. This assigns the Act’s disputes into the established court architecture, and interacts with rules of civil procedure and jurisdiction in those courts. The Act does not displace those courts’ procedural rules; rather the Court’s powers under s 6(2)-(4) and s 7(4) are exercised within the court's ordinary jurisdictional and procedural framework.

• Notice and publication practices: the Act contemplates publication in "a newspaper circulating generally throughout the State" where identity or whereabouts of the bailor are unknown (s 5(2)(d)(ii), s 6(6)). This interacts with other procedural or administrative law norms concerning service by advertisement and what constitutes effective notice.

• Possible interaction with security interests: s 9(2) protects purchasers against mortgages, liens or charges affecting the goods of which the purchaser was unaware at the time of sale. This provision interacts with the existing law on secured interests and priorities, including any separate registration regimes, by providing statutory title protections to purchasers who buy under the Act. The Act does not itself set out rules for priority amongst competing secured creditors; it extinguishes the bailee’s lien against a purchaser but leaves other creditors’ rights to be addressed through the Treasurer’s payment discretion under s 8(2) or through other relevant statutes.

• Regulatory complement: s 11 empowers the Governor to make regulations, including prescribing notice details and varying the value scales. These regulations, once made, will interact with the Act to create procedural norms that may be tailored to other statutory requirements, for example forms, publication specifications or value thresholds designed to harmonise the Act with other property or commercial statutes.

• Crown immunity: the Act binds the Crown (s 4), which means Crown entities are subject to it. That may interact with Crown immunity doctrines elsewhere only to the extent those doctrines are preserved by other statutes; the Act itself does not create exceptions.

Overall, the Act inserts a statutory disposal process into the existing property and court frameworks, preserves other statutory routes, and routes residual balances to the public purse under Treasurer control. Practitioners should expect questions of statutory interaction to arise in contested cases about competing interests in proceeds, the effect of security interests, and the interplay between statutory and contractual lien rights.

The Act’s legislative history, as set out in the supplied text, lists the principal Act and several amending statutes, with commencement and transitional notes. The supplied entry includes amendments in 1993, 2001, 2011, 2012, and an entry for 2025 that is noted as uncommenced in part.

Key amending instruments recorded in the supplied text

• Statutes Amendment (Courts) Act 1993 (No 62 of 1993), assented 27 May 1993, with amendment to s 3 and substitution of "Court" terminology effective 1 July 1993 (Gazette 24.6.1993 p2047). The reprint No 1 date is 1.7.1993.

• Statutes Amendment (Courts and Judicial Administration) Act 2001 (No 69 of 2001), assented 6 December 2001, with Pt 15 (ss 33 & 34) commenced 3 February 2002 (Gazette 24.1.2002 p346). A transitional provision (s 34) states the amendments do not apply to proceedings commenced before that Part’s commencement, but do apply to proceedings commenced after it (including claims arising before commencement).

• Statutes Amendment (Personal Property Securities) Act 2011 (No 11 of 2011), assented 14 April 2011, with Pt 25 (s 65) commencing 16 June 2011 (Gazette 16.6.2011 p2610). The supplied text records that s 8(2) was substituted by 11/2011 s 65 on 16.6.2011.

• Statutes Amendment (Courts Efficiency Reforms) Act 2012 (No 43 of 2012), assented 22 November 2012; Pt 14 (ss 43 & 44) commenced 1 July 2013 (Gazette 16.5.2013 p1541). The supplied text includes a transitional provision (s 44) performing the same saving as the 2001 amendments: amendments do not apply to proceedings commenced before the commencement date but apply to proceedings commenced on or after it.

• Unclaimed Goods (Miscellaneous) Amendment Act 2025 (No 77 of 2025), assented 4 December 2025. The supplied legislative history records Pt 2 (ss 3 to 12) and Sch 1 (cl 2) as uncommenced. The note states "Amendments of this version that are uncommenced are not incorporated into the text."

Provision-specific amendment note recorded in the supplied text

• s 3: the definition and the term "Court" were the subject of amendments across the 1993, 2001 and 2012 Acts, as reflected in the legislative history table where entries show deletion and insertion of "the Court" and subsequent amendments by the 69/2001 and 43/2012 Acts.

• s 8(2): the supplied text records that s 8(2) was substituted by the 2011 amendment (11/2011 s 65) commencing 16 June 2011.

Transitional provisions

• The 2001 amendment includes s 34, making the amendments in that Part not apply to proceedings commenced before commencement, but applicable to proceedings commenced after that date, including claims arising before commencement.

• The 2012 amendment includes s 44, with the same transitional preservation for proceedings commenced prior to commencement.

Historical reprints

• The legislative history lists Reprint No 1 (1.7.1993), Reprint No 2 (3.2.2002), and a reprint dated 16.6.2011, indicating periodic republication of the Act as amended.

Uncommenced amendments

• The 2025 amendment Act is recorded with certain parts uncommenced: Pt 2 (ss 3 to 12) and Sch 1 (cl 2) are expressly noted as uncommenced in the supplied text.

Notes in the supplied text

• The supplied text contains a note that amendments of this version that are uncommenced are not incorporated. It also cautions that references to other legislation, instrument titles or office titles may be obsolete in the published text.

Taken together, the supplied legislative history identifies the principal amending Acts and records that some amendments have transitional savings protecting proceedings commenced before those amendments. The substitution of s 8(2) in 2011 is recorded. The 2025 amendment Act is recorded but parts of it remain uncommenced according to the supplied text.

The supplied text of the Unclaimed Goods Act 1987 contains no reported judicial decisions, no case names, and does not summarise any litigation arising under the Act. The legislative history section supplied is confined to statutory amendments and transitional provisions; it does not list judicial interpretations.

Although the Act itself sets out the statutory scheme, the character of several operative phrases suggests likely areas that would be litigated if disputes arise, because those phrases require fact-sensitive judicial assessment. These potential litigation focal points are visible in the Act’s text and include:

• "Reasonable attempts" to deliver goods (s 5(1)(b)): the Act conditions unclaimed status on the bailee having "after making reasonable attempts" not being able to deliver. Courts would be required to assess what constitutes reasonable attempts in the circumstances, considering the nature of the goods, the agreed delivery terms, and the bailee’s steps.

• Validity of a request and "reasonable opportunity" (s 5(2)-(3)): where a bailor’s identity is unknown and the bailee resorts to newspaper notice, or where postal notice is used, a court may be asked to determine whether the request complied with the prescribed content requirements and afforded a reasonable opportunity to collect.

• "Reasonable costs" recoverable by bailee (s 7(2)(a) and s 8(1)(a)(i)-(ii)): disputes about the quantum and reasonableness of sale, storage and proceeding costs are explicitly provided for in the Act, and the Court has power to review and disallow charges (s 7(4)(b)). Litigation would likely focus on what charges are reasonable in context.

• Valuation and scale thresholds (s 3(1)): whether goods fall within scale 1, 2 or 3 determines whether Court authorisation is required and whether special auction and notice rules apply. Parties may contest valuations for jurisdictional and procedural consequences.

• Ownership and competing interests in proceeds: after sale, the bailee retains certain amounts and pays the balance to the Treasurer (s 8(1)). The Treasurer may then decide to pay claimants (s 8(2)). Disputes could arise over claims to the balance, the sufficiency of proof of prior interest, the Treasurer’s discretion, and priority against other secured parties where the Act’s protections for purchasers (s 9) operate.

• The effect of s 9 protections for purchasers: litigation may test whether a purchaser was in fact "then unaware" of other mortgages, liens or charges, or whether certain encumbrances were properly extinguished by the statutory sale.

• Interplay with other statutes and rights preserved under s 10: where bailees have remedies under other Acts, courts may be asked to determine whether the bailee must pursue the alternative statutory route or whether the Unclaimed Goods Act’s processes apply.

Although the present text does not list any cases, practitioners should expect the Court to be the forum for adjudicating disputes arising from these interpretative points, because the Act explicitly contemplates Court review of accounts (s 7(4)), Court authorisation for certain sales (s 6(2)), and Court directions on sale (s 6(4)). The absence of express penalty provisions suggests contested matters will be resolved through civil proceedings rather than statutory sanctioning.

The Act’s concise statutory framework creates several practical traps for bailees, bailors and purchasers if its procedural requirements are not followed strictly. The following are concrete, source-grounded pitfalls to watch for.

1. Failure to make a valid request where no agreement exists (s 5(1)(c), s 5(2)): the Act prescribes the content of the request , collection address, brief description, collection times , and the permitted methods of service (post to last known address or newspaper advertisement if the bailor is unknown). If a bailee issues a notice lacking the required content or that does not provide a reasonable opportunity for collection (s 5(3)), the goods may not properly be treated as unclaimed, and a subsequent sale could be challenged.

2. Confusing the three-month waiting rule and the 42-day period (s 6(1); s 5(1)(c) and s 7(3)): the Act requires that goods be held for three months from the relevant date before sale (s 6(1)). Separately, where a request under s 5(1)(c) is made, the bailor has 42 days to collect (s 5(1)(c) and s 5(2)). In addition, where a bailor claims goods after proceedings commence, the bailee must give a written account and allow 42 days for payment before proceeding to sell (s 7(3)). Mixing up these timeframes risks premature sales or lost rights.

3. Court authorisation requirement for scale 3 goods (s 6(2) and s 3(1)): goods valued at $500 or more (scale 3) must not be sold without Court authorisation. A bailee who proceeds without authorisation exposes a sale to challenge, despite s 9 protections for bona fide purchasers. Valuation disputes are therefore consequential.

4. Auction and notice obligations for scale 2 goods (s 6(5)): although scale 2 goods (more than $100 but less than $500) may be sold without authorisation, the sale must be by public auction and notice must be given at least one month to both the Commissioner of Police and the bailor. Notifying only one or doing a private sale would deviate from the statutory requirements.

5. Notices to the Commissioner of Police (s 6(3)(a) and s 6(5)(b)(i)): the Act requires notice to the Commissioner at key stages. Failure to notify as required may be a ground to set aside a sale or contest its validity.

6. Reliance on unspecified "reasonable" standards (s 5(1)(b), s 5(3), s 7(2)(a)-(b), s 8(1)): the Act repeatedly uses "reasonable" without defining it. That term invites dispute about whether the bailee’s attempts, opportunities offered, or costs claimed meet the statutory standard. Bailees should document steps taken and cost bases.

7. Treasurer’s discretion over the balance (s 8(2)): after the bailee retains costs and liens, the balance goes to the Treasurer, who "may" pay claimants the whole or part of the balance if satisfied of their interest. This is an administrative discretion, not an automatic settlement; parties relying on proceeds must be prepared for an administrative claim process rather than direct recovery from the bailee.

8. Purchaser protections tied to the purchaser’s knowledge (s 9(2)(b)): purchasers are protected only against mortgages, liens or charges of which they were then unaware. A purchaser who buys with actual knowledge of an encumbrance might not receive the same protection. Buyers should document due diligence.

9. Overlap with other statutory disposal mechanisms (s 10): bailees may have other statutory remedies preserved by s 10. Choosing the wrong statutory route or failing to follow the particular procedure of the other Act could foreclose remedies or create conflicting obligations.

10. Regulations and scale variation (s 11): the Governor may vary the value scales. Reliance on historical dollar thresholds without checking for regulatory variation may lead to misclassification of goods and incorrect procedural steps.

11. Uncommenced amendments (legislative history notes): the legislative history records a 2025 amendment Act with uncommenced parts. Practitioners must check whether those parts are commenced before acting on changed rules; the supplied text notes uncommenced amendments are not incorporated.

These are operational, documentable consequences of the statutory wording. Each point has a cross-reference to the relevant provision in the Act and shows where strict compliance and record-keeping will be decisive in avoiding post-sale challenges.

This section sets out a step-by-step practical compliance checklist for bailees, with references to the statutory provisions to be complied with, and records that should be kept to manage legal risk.

1. Establish the basis for unclaimed status (s 5)

   • If goods are in your possession under an agreement where the bailor was to collect at a certain time or within a period, verify whether the bailor has failed to collect (s 5(1)(a)).
   • If goods were entrusted for delivery to the bailor, document your delivery attempts and whether you made reasonable attempts to deliver before treating goods as unclaimed (s 5(1)(b)). Keep contemporaneous records of attempted deliveries (dates, addresses, communications).
   • Where no agreement governs collection or delivery, prepare a request as required by s 5(2) and only treat goods as unclaimed after the bailor refuses or after 42 days from the date of the request if not collected (s 5(1)(c)).

2. Prepare and serve the required request (s 5(2)-(3))

   • Ensure the request states: the address where goods are available for collection, a brief description of the goods, and the times/hours goods will be available (s 5(2)(a)-(c)).
   • Send the request by post to the last known address, or if the bailor’s identity or whereabouts are unknown, publish a notice in the prescribed form in a newspaper circulating generally throughout the State (s 5(2)(d)). Keep proof of postage or a copy of the published notice and the publication date.
   • Make sure the request allows a reasonable opportunity to collect (s 5(3)). Record what "reasonable opportunity" was provided and why.

3. Identify the relevant date and wait three months (s 3(1), s 6(1))

   • Record the relevant date, which is when the goods became unclaimed under s 5. From that date, wait three months before any sale or disposal (s 6(1)).

4. Value the goods and classify by scale (s 3(1))

   • Determine whether goods fall within scale 1 ($100 or less), scale 2 (more than $100 but less than $500), or scale 3 ($500 or more) (s 3(1)). Document valuation methodology.
   • If the value is at or above scale 3, do not proceed to sale without Court authorisation (s 6(2)).

5. If Court authorisation is required, apply and notify (s 6(2)-(4))

   • Make an application to the relevant Court (as defined in s 3(1) for jurisdictional limits). When applying, give notice to the Commissioner of Police (s 6(3)(a)). Be prepared to give any other notice the Court deems appropriate to the bailor or other interested persons (s 6(3)(b)).
   • If authorisation is granted, comply with any directions the Court gives about the sale (s 6(4)). Keep copies of Court orders and directions.

6. If no authorisation is required, apply the sale rules per scale (s 6(5)-(6))

   • For scale 1 or 2 goods, the bailee may sell or dispose without Court authorisation (s 6(5)). However, if selling scale 2 goods without authorisation, sell by public auction and give notice at least one month beforehand to the Commissioner of Police and to the bailor in the prescribed form (s 6(5)(a)-(b)).
   • Use permitted notice methods: post to the last known address or, if unavailable, advertisement in a newspaper circulating generally throughout the State (s 6(6)). Preserve records of the notice, the advertisement, and proof of posting.

7. Maintain contemporaneous records to demonstrate "reasonableness" (s 5(1)(b), s 7(2), s 8(1))

   • Document all attempts to locate or deliver to the bailor, all contacts, and reasons why delivery or collection was not effected.
   • Keep detailed records of storage and maintenance costs, sale costs and any lien claimed, because the bailee may retain only the reasonable amounts from proceeds (s 8(1)(a)) and the bailor can seek Court review of the account (s 7(4)).

8. Handle bailor claims during proceedings (s 7)

   • If a bailor claims goods after proceedings begin but before sale, do not proceed to sell; hand the goods over upon receipt of payment of reasonable costs, storage and maintenance amounts and lien (s 7(1)-(2)).
   • Provide a written account of amounts claimed and wait 42 days for payment (s 7(3)). If unpaid after 42 days and subject to s 7(4), you may proceed to sell, but note the bailor’s right to apply to the Court for review which will stay sale until review completes (s 7(4)(a)-(b)).

9. Account for sale proceeds and pay the Treasurer (s 8)

   • After sale, retain from the proceeds the reasonable sale and proceeding costs, reasonable storage and maintenance costs prior to sale, and the amount of any lien (s 8(1)(a)(i)-(iii)). Pay the balance to the Treasurer (s 8(1)(b)).
   • Prepare documents to substantiate the deductions and retention amounts because the Treasurer may receive inquiries and the bailor may seek review.

10. Understand purchaser protections and be transparent (s 9)

• Recognise that purchasers at a sale conducted under the Act acquire good title free of the bailee’s lien and of mortgages or charges of which they were unaware at time of sale (s 9). Keep transparent sale records to support a purchaser’s bona fides.

11. Check for regulations and uncommenced amendments (s 11; legislative history)

• Consult any regulations made under s 11 prescribing notice forms or varying value scales before acting. The legislative history notes potential uncommenced amendments; confirm whether later amendments have been commenced before proceeding.

12. Preserve other statutory remedies if appropriate (s 10)

• Review whether other statutory disposal mechanisms apply to the goods and determine whether to pursue those avenues instead of, or alongside, the Unclaimed Goods Act process (s 10).

By following these steps and preserving documentary evidence at each stage , notices sent, advertisements placed, attempted deliveries, valuations, cost invoices, court orders and accounts rendered , bailees reduce the risk that a sale will be set aside, that charges will be disallowed on review, or that purchasers will face title disputes.