Uncollected Goods Act 1995

The Act’s reach is deliberately wide. “Receiver” is defined in s 3 to include any bailee and, by extension, park owners, residential operators, landlords, retirement-village operators and owners corporations once goods satisfy s 5(2) abandonment criteria. Thus repairers, dry cleaners, storage operators, tow-truck drivers, removalists, strata managing agents, caravan-park proprietors and retirement-village managers all qualify.

“Depositor” encompasses anyone who gives possession, whether or not they are the owner, and expressly includes a bailor. This captures customers, tenants, occupants, residents and their agents. The definition is wide enough to include sub-bailors and persons who involuntarily bail goods.

Owners of goods who never themselves delivered them may still be affected if they hold a publicly registered interest (PPSR security interests in vehicles or boats, or prescribed register interests in other goods). Such persons are entitled to notice under s 25 and may apply to the Tribunal under s 31B.

Purchasers of disposed goods obtain statutory title protection under s 34 provided they buy without notice of non-compliance or title defect; they therefore have a direct interest in the regularity of the receiver’s process.

The Civil and Administrative Tribunal is the designated forum for high-value disposals (s 22), receiver directions (s 31A) and depositor claims (s 31B). Local Court magistrates handle offence prosecutions (s 37).

Regulations may exclude classes of goods or bailments from the definitions of “goods” and “bailment” (s 3), thereby indirectly affecting industries that succeed in obtaining such exclusions. The Commissioner of Police is drawn in for motor-vehicle clearance certificates (s 31).

Finally, the Crown is bound in all capacities (s 36), so government agencies that find themselves in possession of uncollected goods must comply or rely on other statutory regimes carved out by s 6(2).

Receivers possess a statutory right to dispose once the s 5 test is met and the Part 3 or Part 3A procedure is followed. Concomitant duties include giving notice that satisfies s 26, observing the 14- or 28-day periods, obtaining police and PPSR clearances for motor vehicles (s 31), preparing and retaining the s 30 record, and applying relevant charges strictly in accordance with s 28. For high-value goods the duty is to seek a Tribunal order rather than self-help disposal (s 22(2)). Receivers must also deal with Tribunal orders in priority to the self-help rules (s 31A(2)).

Depositors and persons with registered interests enjoy the right to receive notice (ss 19, 25, 26), to collect goods on payment of relevant charges before the stated disposal date, and to apply to the Tribunal under s 31B for compensation, delivery, or payment of proceeds. They may also resist disposal where a genuine dispute exists as to charges or the condition or quality of work performed; in such cases Part 3 does not apply (s 19).

Both parties share the right to invoke the Tribunal for directions or ancillary orders (ss 31A, 31B). The receiver’s common-law rights to lien or sale are expressly preserved to the extent not displaced (s 33), while the depositor retains common-law rights to recovery or damages except where s 7 immunity or the statutory title rule in s 34 intervenes.

Purchasers’ key right is indefeasible title under s 34 when the two negative conditions (no notice of non-compliance or title defect) are satisfied. The Act places the burden of proving due disposal on the person asserting it (s 35), which in practice means the receiver or subsequent purchaser must produce the s 30 record and evidence of notice.

The Tribunal’s rights are broad: it may authorise any manner of disposal, direct service, regulate sale and proceeds, award compensation, order delivery or make any ancillary order it thinks appropriate (ss 31A(1), 31B(1)(e)).

The Act creates four offence provisions. The most serious is the 200-penalty-unit maximum for disposing of high-value uncollected goods otherwise than pursuant to a Tribunal order (s 22(2)). Two 5-penalty-unit offences relate to motor-vehicle sales without the required police certificate and PPSR search result (s 31(1)) and to failure to prepare, keep or make available the s 30 record (s 30(2)). Regulations may create additional offences punishable by up to 10 penalty units (s 38(3)).

Enforcement is summary before the Local Court (s 37). Because the Act is silent on who may prosecute, the general power of any person to commence summary proceedings applies, although in practice regulatory agencies or affected depositors are the likely applicants.

Civil enforcement occurs primarily through the Tribunal. Section 31B permits compensation orders for unauthorised disposal or damage, orders for delivery of goods still held, and payment of proceeds or their monetary equivalent. There is no statutory time bar in the Act itself; the regulations prescribe the application window. Section 31A gives receivers a low-threshold avenue for pre-emptive directions, reducing the risk of later compensation claims.

The s 7 immunity is a powerful shield: a receiver who disposes strictly in accordance with the Act or a Tribunal order incurs no liability. Conversely, departure from the statutory path exposes the receiver to common-law actions for conversion or breach of bailment, subject only to the preserved common-law rights acknowledged in s 33.

The Act is expressly positioned as complementary rather than exclusive. Section 6(1) provides that it yields to any agreement between the parties on disposal means, but fills any gaps. Section 6(2) makes it an alternative to most other statutory disposal regimes while carving out seven specific statutes plus any prescribed by regulation. Interaction with the Personal Property Securities Act 2009 (Cth) is particularly important: a “publicly registered interest” includes a PPSR security interest in motor vehicles or boats (s 3), such interests must receive notice (s 25), and a PPSR search is mandatory before selling a motor vehicle (s 31(1)).

Residential and community legislation is integrated through s 5(2). Once a landlord, park owner or owners corporation forms the reasonable belief required by the Residential Tenancies Act 2010, Holiday Parks (Long-term Casual Occupation) Act 2002, Residential (Land Lease) Communities Act 2013, Retirement Villages Act 1999 or Strata Schemes Management Act 2015, the goods become “uncollected goods” for the purposes of this Act and the disposal machinery applies. The 2018 and 2025 amendments refined these cross-references to include new s 5(2)(e1) (strata-lot goods with owner consent) and updated terminology.

The Unclaimed Money Act 1995 receives surplus proceeds (s 29(2)), creating an automatic reporting obligation on the receiver. The Storage Liens Act 1935 is excluded, preserving its distinct lien-and-sale regime for warehousemen.

Common law bailment survives except to the extent the Act “otherwise provides” (s 33). Section 7’s immunity and s 34’s title rule are express displacements. The burden-of-proof rule in s 35 alters the normal evidentiary position in conversion or detinue claims.

Tribunal jurisdiction under the Civil and Administrative Tribunal Act 2013 is engaged for ss 31A and 31B applications; the present Act does not itself confer jurisdiction but assumes the Tribunal’s general powers. Regulations under this Act may intersect with valuation and record-keeping regulations made under other statutes.

The most substantial modernisation occurred via the Statute Law (Miscellaneous Provisions) Act (No 2) 2018 No 79, Schedule 3.1. That schedule repealed the whole of former Part 2 (ss 8–18), which had required court orders for most disposals, and substituted a new Part 3 structured around three value bands. Former ss 19–21 were replaced with the current low-, medium- and high-value rules (ss 20–22). A new s 22A dealing with personal documents was inserted, reflecting contemporary privacy and identity concerns. Section 7 was rewritten to extend immunity to Tribunal orders. Record-keeping periods were differentiated (12 months for low-value goods, six years otherwise) and the definition of “Tribunal” was updated to the Civil and Administrative Tribunal.

These changes responded to the cumbersome nature of mandatory court applications for even modest-value goods and aligned the legislation with the NCAT jurisdiction established in 2013. The introduction of self-help for low- and medium-value goods reduced transactional cost while retaining Tribunal oversight for high-value or disputed matters.

Further refinements appear in the 2024 and 2025 amendments. Section 27 on service of documents was substituted in 2017 and again in 2024 No 25, Sch 6.21 to accommodate modern electronic service methods. Section 5 was amended in 2025 No 14, Sch 3.8, adding or clarifying the strata-lot abandonment paragraph (e1) and ensuring consistency with the Strata Schemes Management Act 2015. Section 28 was updated in 2022 to exclude personal documents from relevant charges. Monetary thresholds themselves remain alterable by regulation under s 23, allowing future adjustment for inflation without further primary legislation.

The overall trajectory has been toward greater administrative efficiency, privacy protection for personal documents, and alignment with contemporary residential and strata legislation.

The source text itself contains no reported decisions or specific controversies. However, several structural features are likely to generate litigation. The “reasonably believes” test in s 5(2) for abandonment in residential contexts invites factual dispute: what constitutes reasonable belief when an occupant has simply fallen into arrears? Tribunals will be required to examine objective circumstances rather than subjective assertions.

The high-value threshold in s 22 and the 200-penalty-unit offence have elevated the stakes. A receiver who misvalues goods or proceeds without a Tribunal order risks both criminal prosecution and a s 31B compensation order. Conversely, the broad ancillary-order power in ss 31A(1)(f) and 31B(1)(e) invites creative applications that test the limits of “appropriate in the circumstances”.

Section 34’s good-title rule raises the familiar tension between protecting innocent purchasers and the original owner’s property rights. The double negative (“without notice of any failure… and without notice of any defect”) places the onus on the owner to prove the purchaser’s knowledge, a difficult evidentiary burden once goods have passed through an auction.

The interaction between s 19 (Part 3 inapplicable where a dispute exists as to charges or quality of work) and the separate Tribunal pathways has not been the subject of reported guidance in the text, yet it creates a potential jurisdictional fork: a receiver who wrongly assumes no dispute and proceeds under s 20 or 21 may later face a s 31B claim that the entire disposal was unauthorised.

Record-keeping obligations differentiated by value (s 30(2)(a)) will generate compliance disputes, especially where a receiver has reclassified goods after initial assessment. The six-year retention period for medium- and high-value goods aligns with ordinary limitation periods but exceeds the 12-month period for low-value items, inviting arguments about the rationale and evidentiary weight of missing records.

Because the Act binds the Crown (s 36) and interacts with multiple residential statutes, public-authority landlords and social-housing providers may test the limits of “reasonable belief” of abandonment when terminating tenancies under the Residential Tenancies Act 2010.

Most practitioners assume that once notice has been given and the waiting period expires the receiver may dispose of the goods in any commercially sensible way. That is true only for low-value goods; medium-value goods must be sold by public auction or at fair value by private sale (s 21(2)), while high-value goods require a Tribunal order specifying the manner (s 22(3)). An auction that fails to attract market value may be challenged as not satisfying the statutory standard.

The definition of “relevant charges” in s 28(1)(b) captures only post-notice storage, maintenance and insurance costs. Pre-notice storage charges must rest on the original agreement or a reasonable quantum; many receivers over-reach by including long-term pre-notice storage at premium rates, exposing them to s 31B compensation orders and potential criminal liability for high-value goods.

Personal documents attract an absolute disposal method restriction (secure destruction or return to author) that cannot be varied by Tribunal order under Part 3A. Receivers who simply shred a passport without first attempting to locate its owner risk both civil liability and regulatory complaint to privacy or identity authorities.

The motor-vehicle clearance obligation in s 31 is not satisfied by a simple PPSR search; a separate 28-day police application containing make, model, colour, registration, chassis and engine numbers is mandatory. Failure on either count voids the s 34 title protection for the purchaser and leaves the receiver exposed.

Section 30(1A) applies the record-keeping obligation to personal documents even though they are excluded from relevant charges. Many compliance manuals overlook this, yet the 5-penalty-unit offence and six-year retention period apply.

The savings and transitional provisions in Schedule 1 are not spent. Clause 3 provides that the Act extends to pre-commencement bailments. Clauses 4–6 preserve the repealed 1966 Act for notices or applications given before the appointed day. Practitioners dealing with very old stock must still check whether the 1966 Act continues to govern.

Finally, the Act does not define “value”. Section 23 allows regulations to vary the $1,000 and $20,000 thresholds but is silent on valuation methodology. Receivers who rely on insurance valuations or market appraisals may discover that the Tribunal applies a different metric (e.g. forced-sale value), reclassifying the goods and invalidating the chosen disposal path.

A compliant receiver should adopt a three-stage checklist.

Stage 1 – Characterisation. Confirm the goods are “uncollected” under s 5, identify any publicly registered interests via PPSR or prescribed registers, and determine whether a dispute exists under s 19 that would render Part 3 unavailable. Classify by value using a defensible methodology and document the valuation. For motor vehicles obtain the police certificate and PPSR search result immediately.

Stage 2 – Notice. Draft a notice that contains every element listed in s 26. Serve in accordance with s 27, retaining evidence of service. Allow the full 14 or 28 clear days. For personal documents ensure the notice warns of secure destruction or return. No notice is required for perishable goods or rubbish (s 24(1A)).

Stage 3 – Disposal and record. For low-value goods choose an appropriate method and prepare the s 30 record within seven days. For medium-value goods conduct a public auction or obtain independent evidence of fair value on private sale. For high-value goods file a s 31A application before any dealing. In all cases retain the record for the prescribed period and make it available on request. Apply proceeds strictly per s 28 and s 29; remit any surplus under the Unclaimed Money Act 1995.

Where doubt exists—particularly on value, existence of disputes, or identity of interested parties—lodge a protective s 31A application. Keep contemporaneous file notes of all attempts to trace the depositor; these will prove invaluable if a s 31B compensation claim is brought or if the burden under s 35 must be discharged.

Receivers should maintain a register of uncollected goods that records receipt date, depositor details, value band, notice date and method, and ultimate disposal. Annual audits against the differentiated retention periods will avoid penalty exposure. For entities regularly holding goods (storage operators, strata managers, repairers) a written policy referencing each section of the Act, templated notices, and staff training on the electronic service options added in 2024 will minimise systemic risk.

By following this structured approach the receiver obtains the s 7 immunity, purchasers receive indefeasible title under s 34, and the organisation avoids the compensation, penalty and reputational consequences that flow from non-compliance.