Uncollected Goods Act 2004 (Northern Territory)

This Act sets a statutory regime for what happens to goods under bailment that remain uncollected where the parties have not agreed a disposal procedure. It defines when goods are “uncollected goods” (s 5) and what constitutes the “relevant charge” (s 6). The Act gives the person in possession (the receiver) an express power to dispose of uncollected goods in prescribed ways and after prescribed notice periods, sets out different procedures by value class (low, medium, high) and for perishable goods (ss 14-17), imposes additional requirements for motor vehicles (ss 19-20), and provides a parallel Court-based route for disposal or to determine disputed charges (Pt 3, ss 21-25). The Act also allocates financial flows arising from sales: a receiver may retain the relevant charge and disposal costs, must account for and pay any surplus into an Accountable Officer trust account within 28 days (s 27(1), (3)), and prescribes time limits and processes for claims against those proceeds (s 27(4)-(6)). Record-keeping obligations and retention periods are prescribed (s 28). The purchaser of goods bought under the Act can obtain good title where they buy without notice of non-compliance or defects (s 29). The Act binds the Crown (s 7) and applies to existing bailments regardless of when possession was taken (s 8). It excludes several categories of goods and other statutory regimes from its operation (s 9). Regulations may be made to flesh out valuation, record-keeping and other matters (s 34), and the Act contains transitional provisions dealing with the repeal of earlier disposals legislation (Pt 7 Div 2, ss 35-46).

Mechanically, the Act changes who may decide to dispose of goods (receiver subject to notice and Court conditions), who bears the financial consequences of storage, disposal costs and shortfalls (provider ordinarily, with receiver able to recover deficiencies as a debt, s 27(2)), who receives any surplus (Accountable Officer then claimant or Central Holding Authority after 3 years, s 27(3), (5), (9)), and the timelines and documentation required to effect disposal (ss 14-17, 28, 32-33). It also imports a compliance layer for motor vehicles by referencing the PPS Act and the PPS Register (s 19) and creates specific disclosure by the Registrar of Motor Vehicles on statutory declaration application (s 20). The Act leaves common law bailment rights in force to the extent consistent with the statute (s 10) and permits parties to contract around disposal if they have an agreement that addresses disposal (s 11).

NORTHERN TERRITORY OF AUSTRALIA UNCOLLECTED GOODS ACT 2004 As in force at 1 May 2016 Table of provisions Part 1 Preliminary Division 1 Introduction 1 Short title ......................................................................................... 1 2 Commencement .............................................................................. 1 3 Object .............................................................................................. 1 Division 2 Interpretation 4 Definitions ........................................................................................ 1 5 Uncollected goods ........................................................................... 2 6 Relevant charge .............................................................................. 3 Division 3 Operation of Act 7 Act binds Crown .............................................................................. 3 8 Act applies to existing bailments...................................................... 4 9 Application of other Acts .................................................................. 4 10 Common law.................................................................................... 4 11 Agreements between provider and receiver regarding uncollected goods............................................................................ 5 Part 2 Disposal of uncollected goods Division 1 Right of receiver to dispose of uncollected goods 12 Receiver may dispose of uncollected goods.................................... 5 13 Payment of relevant charge ............................................................. 5 Division 2 Disposal of uncollected goods without Court order 14 Low value uncollected goods........................................................... 5 15 Medium value uncollected goods .................................................... 6 16 High value uncollected goods .......................................................... 6 17 Perishable goods ............................................................................. 7

Uncollected Goods Act 2004 ii Division 3 Disposal of uncollected goods by Court order 18 Disposal by Court order ................................................................... 7 Division 4 Additional requirement for disposal of motor vehicles 19 PPS Register search result.............................................................. 7 20 Ownership details ............................................................................ 7 Part 3 Applications to Court, Court orders and related provisions 21 Application to Court for disposal order............................................. 8 22 Other applications to Court .............................................................. 9 23 Court orders..................................................................................... 9 24 Payment of relevant charge ............................................................. 9 25 Effect of other proceeding................................................................ 9 Part 4 Proceeds of sale, records keeping and liability of parties after disposal 26 No liability for due disposal of uncollected goods .......................... 10 27 Proceeds of sale ............................................................................ 10 28 Records held by receiver ............................................................... 11 29 Good title ....................................................................................... 13 30 Receiver to provide purchaser of motor vehicle with receipt ......... 13 Part 5 Notice requirements 31 Persons to whom notice is not required to be given ...................... 14 32 Form of notices .............................................................................. 14 33 Giving notice .................................................................................. 14 Part 6 Miscellaneous 34 Regulations.................................................................................... 15 Part 7 Repeal and transitional provisions Division 1 Repeal of Acts 35 Repeal ........................................................................................... 15 Division 2 Transitional provisions 36 Definitions ...................................................................................... 16 37 Application of Division ................................................................... 16 38 Disposal of goods .......................................................................... 16

Uncollected Goods Act 2004 iii 39 Procedure after sale or disposal of goods ..................................... 16 40 Record of sale or disposal ............................................................. 16 41 Disposal of net proceeds of sale of goods ..................................... 16 42 Power of court to re-open transactions .......................................... 17 43 Title of persons acquiring goods .................................................... 17 44 Notices........................................................................................... 17 45 Offences ........................................................................................ 17 46 Regulations.................................................................................... 17 ENDNOTES

NORTHERN TERRITORY OF AUSTRALIA

As in force at 1 May 2016

UNCOLLECTED GOODS ACT 2004 An Act about the disposal of uncollected goods under bailment Part 1 Preliminary Division 1 Introduction 1 Short title This Act may be cited as the Uncollected Goods Act 2004. 2 Commencement This Act comes into operation on the date fixed by the Administrator by notice in the Gazette. 3 Object The object of this Act is to provide for the disposal of goods under bailment that remain uncollected if the parties to the bailment have not entered into an agreement for their disposal. Division 2 Interpretation 4 Definitions In this Act, unless the contrary intention appears: Accountable Officer means the Accountable Officer, within the meaning of the Financial Management Act 1995, of the Agency administering this Act. bailment includes bailment for reward, bailment in the course of business, gratuitous bailment, involuntary bailment and any sub-bailment. Court means the Local Court. disposal costs means the costs incurred by the receiver for the disposal of goods under Part 2.

Part 1 Preliminary Division 2 Interpretation Uncollected Goods Act 2004 2 high value, for goods, means the goods are of a value more than or equal to $1 000 and less than $7 000 or, if another value is prescribed by the Regulations, that other value. low value, for goods, means the goods are of a value less than $200 or, if another value is prescribed by the Regulations, that other value. medium value, for goods, means the goods are of a value more than or equal to $200 and less than $1 000 or, if another value is prescribed by the Regulations, that other value. motor vehicle means a motor vehicle as defined in the regulations made under the PPS Act. PPS Act means the Personal Property Securities Act 2009 (Cth). PPS Register means the Personal Property Securities Register established under section 147 of the PPS Act. provider means the person who gives possession of goods under a bailment (whether or not the person is the owner of the goods). receiver means the person who takes possession of goods under a bailment. relevant charge has the meaning in section 6. uncollected goods has the meaning in section 5. 5 Uncollected goods (1) Goods under bailment are uncollected goods if: (a) the goods are ready for delivery to the provider in accordance with the terms of the bailment, but the provider has not taken delivery of the goods and not given directions as to their delivery; (b) the receiver is required to give notice to the provider when the goods are ready for delivery but cannot locate or communicate with the provider; (c) the receiver can reasonably expect to be relieved of any duty to safeguard the goods on giving notice to the provider but cannot locate or communicate with the provider; or

Part 1 Preliminary Division 3 Operation of Act Uncollected Goods Act 2004 3 (d) the provider has not paid the relevant charge payable to the receiver in relation to the goods within a reasonable time after being informed by the receiver that the goods are ready for delivery. (2) However, subsection (1)(a) does not apply if the provider's failure to take delivery arises from: (a) the receiver refusing to make delivery; or (b) the receiver preventing the provider from taking delivery. 6 Relevant charge (1) The relevant charge is the amount payable by the provider to the receiver for goods under bailment and payment of which entitles the provider to take delivery of the goods. (2) Unless determined otherwise by a Court order, the amount payable to the receiver is the sum of the following: (a) for any carriage or storage of the goods or for any repairs, cleaning, treatment or other work done in connection with the goods: (i) the amount agreed to by the provider and receiver as the charge payable to the receiver; or (ii) in the absence of an agreement, an amount that is reasonable; (b) the amount of costs for any storage, maintenance or insurance of the goods incurred by the receiver from: (i) the giving of a notice under Part 2 of the receiver's intention to dispose of the goods until the disposal of the goods; or (ii) the making of an application for a Court order under Part 3 until the disposal of the goods. Division 3 Operation of Act 7 Act binds Crown This Act binds the Crown in right of the Territory and, to the extent the legislative power of the Legislative Assembly permits, the Crown in all its other capacities.

Part 1 Preliminary Division 3 Operation of Act Uncollected Goods Act 2004 4 8 Act applies to existing bailments This Act applies to the possession of goods under a bailment regardless of when possession is taken. 9 Application of other Acts (1) This Act does not apply to: (a) goods over which an accommodation provider has a lien under section 9 of the Accommodation Providers Act 1981; (b) unsolicited goods to which section 41 of the Australian Consumer Law (NT) applies or goods the subject of a contract with a pawnbroker to which Part 14, Division 3 of the Consumer Affairs and Fair Trading Act 1990 applies; (c) goods to which section 130B of the Local Court (Criminal Procedure) Act 1928 applies; (d) goods to which section 166 of the Police Administration Act 1978 applies; (e) abandoned goods to which section 109 of the Residential Tenancies Act 1999 or section 27 of the Retirement Villages Act 1995 applies; (f) abandoned vehicles to which the Traffic Act 1987 applies; or (g) the bailment, possession or custody of goods under another law of the Territory prescribed by the Regulations. (2) This Act is in addition to and does not limit the disposal of goods that may be disposed of under the Warehousemen's Liens Act 1969. (3) In this section: Australian Consumer Law (NT) means the provisions applying as a law of the Territory because of Part 4 of the Consumer Affairs and Fair Trading Act 1990. 10 Common law The common law relating to the bailment of goods remains in force to the extent to which it is not affected by this Act.

Part 2 Disposal of uncollected goods Division 2 Disposal of uncollected goods without Court order Uncollected Goods Act 2004 5 11 Agreements between provider and receiver regarding uncollected goods (1) This Act applies to the disposal of uncollected goods if there is no agreement between the provider and the receiver about their disposal. (2) If there is an agreement about the disposal of uncollected goods, this Act applies only to matters not dealt with by the agreement. (3) This Act does not affect the right of a provider and receiver to make an agreement about the disposal of uncollected goods. Part 2 Disposal of uncollected goods Division 1 Right of receiver to dispose of uncollected goods 12 Receiver may dispose of uncollected goods (1) Subject to subsection (2), a receiver may dispose of uncollected goods under this Part. (2) A receiver must not dispose of uncollected goods if: (a) a dispute exists between the provider and receiver regarding the relevant charge; and (b) an application has been made to the Court under section 22. (3) However, subsection (2) does not prevent the receiver from giving notice under Division 2 of the receiver's intention to dispose of the uncollected goods. 13 Payment of relevant charge The provider, the owner of the uncollected goods or any other person with an interest in the goods is entitled, on payment of the relevant charge, to delivery of the goods at any time before their disposal. Division 2 Disposal of uncollected goods without Court order 14 Low value uncollected goods (1) A receiver may dispose of low value uncollected goods if: (a) the receiver has given the provider oral or written notice of the receiver's intention to dispose of the goods; and

Part 2 Disposal of uncollected goods Division 2 Disposal of uncollected goods without Court order Uncollected Goods Act 2004 6 (b) 28 days have elapsed since the giving of the notice and the provider has not taken delivery of the goods or given directions as to their delivery. (2) Goods may be disposed of under this section by sale, destruction, appropriation or any other means. 15 Medium value uncollected goods (1) A receiver may dispose of medium value uncollected goods if: (a) subject to section 31, the receiver has given written notice of the receiver's intention to dispose of the goods to the following: (i) the provider; (ii) the owner of the goods; (iii) any other person having or claiming an interest in the goods; and (b) 2 months have elapsed since the giving of the notice and the provider has not taken delivery of the goods or given directions as to their delivery. (2) Goods must be disposed of under this section by public auction or by private sale at a fair price. 16 High value uncollected goods (1) A receiver may dispose of high value uncollected goods if: (a) subject to section 31, the receiver has given written notice of the receiver's intention to dispose of the goods to the following: (i) the provider; (ii) the owner of the goods; (iii) any other person having or claiming an interest in the goods; (iv) the Commissioner of Police; (b) 3 months have elapsed since giving the notice and the provider has not taken delivery of the goods or given directions as to their delivery; and

Part 2 Disposal of uncollected goods Division 4 Additional requirement for disposal of motor vehicles Uncollected Goods Act 2004 7 (c) 28 days prior to the disposal of the goods, a copy of the notice referred to in paragraph (a) has been published in a daily newspaper circulating generally in the Territory. (2) Goods must be disposed of under this section by public auction or by private sale at a fair price. 17 Perishable goods (1) A receiver may dispose of perishable uncollected goods by sale, appropriation or destruction if: (a) the receiver has given the provider oral or written notice of the receiver's intention to dispose of the goods; and (b) having regard to the nature and condition of the goods, a reasonable time in which to collect the goods has elapsed since the giving of the notice. (2) A receiver may dispose of uncollected goods that have perished by any means but must, within a reasonable time, give the provider oral or written notice of the disposal of the goods. Division 3 Disposal of uncollected goods by Court order 18 Disposal by Court order (1) A Court order under Part 3 must be obtained to dispose of uncollected goods of a value exceeding the high value. (2) A receiver may dispose of uncollected goods of low value, medium value or high value under a Court order under Part 3. Division 4 Additional requirement for disposal of motor vehicles 19 PPS Register search result A receiver must not dispose of a motor vehicle that is of, or greater than, medium value unless the receiver has obtained a written search result of the PPS Register in the appropriate form in relation to the vehicle under the PPS Act. Maximum penalty: 100 penalty units. 20 Ownership details (1) If, on receipt of an application accompanied by the fee prescribed under the Motor Vehicles Act 1949, the Registrar of Motor Vehicles

Part 3 Applications to Court, Court orders and related provisions Uncollected Goods Act 2004 8 is satisfied the application is being made for the purposes of this Act, the Registrar must give details of the ownership of the motor vehicle to the receiver. (2) An application made under subsection (1) must be in the form of a statutory declaration and include the following particulars: (a) if the receiver is a natural person – the receiver's full name, address and date of birth; (b) if the receiver is a body corporate – the receiver's business name and address and ABN; (c) the vehicle's number plate and vehicle identification number; (d) if the receiver intends to dispose of the vehicle under Division 2 – a copy of the notice given under that Division; (e) if the receiver has applied under section 21 for an order to dispose of the vehicle – a copy of the application; (f) if applicable – a copy of any certificate obtained under section 19; (g) any other information prescribed by the Regulations. Part 3 Applications to Court, Court orders and related provisions 21 Application to Court for disposal order (1) A receiver may apply to the Court for an order to dispose of uncollected goods. (2) The application must: (a) state fully the grounds on which it is made; (b) include the information in section 32(a) to (d) (inclusive); and (c) for the disposal of a motor vehicle – include the certificates required under section 19 and any details of ownership obtained under section 20. (3) The receiver must give a copy of the application to: (a) the provider; (b) the owner of the goods;

Part 3 Applications to Court, Court orders and related provisions Uncollected Goods Act 2004 9 (c) any other person known by the receiver to have or to be claiming an interest in the goods; (d) the Commissioner of Police; and (e) any person with a publicly registered interest in the goods. 22 Other applications to Court If a dispute exists between the provider and the receiver regarding the relevant charge for uncollected goods, either party may apply to the Court for an order determining the amount of the relevant charge payable to the receiver. 23 Court orders (1) On an application under section 21 or 22, the Court may make any of the following orders: (a) an order authorising the disposal of specified goods under bailment; (b) an order determining the relevant charge payable to the receiver; (c) any other orders that it considers necessary to give effect to an order made under paragraph (a) or (b). (2) An order under subsection (1)(a) must specify the following: (a) the authorised means of disposal of the goods; (b) the date by which the goods may be disposed of; (c) the amount of the relevant charge payable to the receiver for the goods. 24 Payment of relevant charge If a Court order has been made for the disposal of uncollected goods, the provider, the owner of the uncollected goods or any other person with an interest in the goods is entitled, on payment to the receiver of the relevant charge, to delivery of the goods at any time before their disposal. 25 Effect of other proceeding (1) If, at any time prior to the disposal of uncollected goods under Part 2, a person (other than the provider) starts a proceeding for the recovery of the goods, an order made under section 23 is suspended until the proceeding is decided.

Part 4 Proceeds of sale, records keeping and liability of parties after disposal Uncollected Goods Act 2004 10 (2) If an order is made for the recovery of the goods, the order made under section 23 ceases to have effect. Part 4 Proceeds of sale, records keeping and liability of parties after disposal 26 No liability for due disposal of uncollected goods A receiver who disposes of uncollected goods under Part 2 is not liable to any other person in relation to the goods by reason of the disposal. 27 Proceeds of sale (1) If uncollected goods are sold under Part 2, the receiver is entitled to retain the relevant charge payable to the receiver for the goods and the disposal costs. (2) If the proceeds of the sale are insufficient to pay the relevant charge and disposal costs, the receiver may recover the deficiency from the provider as a debt in any court of competent jurisdiction. (3) If the proceeds of sale are more than sufficient to pay the relevant charge and disposal costs, the receiver must within 28 days after the sale of uncollected goods: (a) pay the balance to the Accountable Officer for payment into the Accountable Officer's Trust Account; and (b) give the Accountable Officer a copy of the records required under section 28(1). Maximum penalty: If the offender is a natural person – 100 penalty units or imprisonment for 6 months. If the offender is a body corporate – 500 penalty units. (4) If satisfied a person had an interest in the goods before the sale, the Accountable Officer must pay to that person out of the Trust Account: (a) an amount equivalent to that person's interest in the goods; or (b) if the person's interests in the goods expressed as a monetary amount exceeds the balance of the proceeds of sale – the balance of the proceeds of sale.

Part 4 Proceeds of sale, records keeping and liability of parties after disposal Uncollected Goods Act 2004 11 (5) A person claiming an interest in goods under subsection (4) must apply to the Accountable Officer within 3 years after the sale. (6) The Accountable Officer is not liable to make any further payment for goods if the balance of the proceeds of sale of the goods has been paid under subsection (4)(b). (7) Subsection (6) does not prevent a person making a claim against the person to whom the Accountable Officer has paid the balance of the proceeds of sale. (8) A person must not give to the Accountable Officer a document for the purposes of subsection (4) that to the person's knowledge is false or misleading in a material particular. Maximum penalty: If the offender is a natural person – 100 penalty units or imprisonment for 6 months. If the offender is a body corporate – 500 penalty units. (9) Proceeds from the sale of goods that have remained unclaimed for 3 years must be paid into the Central Holding Authority. 28 Records held by receiver (1) Within 7 days after disposing of uncollected goods under Part 2, the receiver must prepare a record of the following particulars: (a) a description of the goods; (b) if the goods were disposed of under Part 2, Division 2: (i) the date and means of giving notice of intention to dispose of the goods; and (ii) the name and address of any person to whom the notice was given; (c) if the goods were disposed of under Part 2, Division 3: (i) the date of the Court order that authorised the disposal; and (ii) the name and address of any person to whom a copy of an application under section 21 was given; (d) the date of disposal; (e) the manner of disposal;

Part 4 Proceeds of sale, records keeping and liability of parties after disposal Uncollected Goods Act 2004 12 (f) if the goods were sold: (i) the name and address of the purchaser; (ii) the sale price; (iii) the amount retained by the receiver to cover the relevant charge payable to the receiver for the goods; and (iv) the amount retained by the receiver to cover the disposal costs; (g) if the goods were sold by public auction – the name and address of the principal place of business of the auctioneer who sold the goods; (h) if applicable, the amount of the balance of the proceeds of sale paid to the Accountable Officer and the date of payment. Maximum penalty: If the offender is a natural person – 100 penalty units. If the offender is a body corporate – 500 penalty units. (2) The receiver must: (a) retain the record for 3 years from the date of disposal; and (b) make the record available on request by any of the following: (i) the provider; (ii) the owner; (iii) any other person claiming to have an interest in the goods; (iv) the Commissioner of Police; (v) an authorized officer within the meaning of the Consumer Affairs and Fair Trading Act 1990; (vi) the Registrar of Motor Vehicles;

Part 4 Proceeds of sale, records keeping and liability of parties after disposal Uncollected Goods Act 2004 13 (vii) the Accountable Officer. Maximum penalty: If the offender is a natural person – 100 penalty units. If the offender is a body corporate – 500 penalty units. 29 Good title (1) The purchaser of goods sold under Part 2 acquires good title to the goods, free from any interest that existed in the goods in favour of another person before the goods were sold, if the purchaser buys the goods: (a) without notice of any failure of the receiver to comply with this Act; and (b) without notice of any defect or want of title of the provider. (2) A receiver who disposes of goods by appropriation in accordance with Part 2 acquires good title to the goods. 30 Receiver to provide purchaser of motor vehicle with receipt (1) If a receiver sells a motor vehicle under Part 2, the receiver must provide the purchaser with a receipt that complies with this section. Maximum penalty: If the offender is a natural person – 100 penalty units. If the offender is a body corporate – 500 penalty units. (2) The receipt must contain the following: (a) if the receiver is a natural person – the receiver's full name, address and date of birth; (b) if the receiver is a body corporate – the receiver's business name and address and ABN; (c) the vehicle's number plate and vehicle identification number; (d) the purchaser's full name, address and date of birth; (e) the date of sale; (f) the sale price; (g) the name of the owner of the vehicle;

Part 5 Notice requirements Uncollected Goods Act 2004 14 (h) any other information prescribed by the Regulations. (3) The receipt must state that the vehicle has been disposed of under this Act and must be signed by both the purchaser and the receiver. Part 5 Notice requirements 31 Persons to whom notice is not required to be given (1) The receiver is not required to give notice to a person of the receiver's intention to dispose of goods if: (a) the receiver is unaware that the person has or claims an interest in the goods; or (b) the receiver cannot locate or communicate with the person. (2) Subsection (1)(a) does not apply if the person is the provider or a person with a publicly registered interest in the goods. 32 Form of notices A notice of the receiver's intention to dispose of uncollected goods under Part 2 must specify: (a) the receiver's name; (b) a description of the goods; (c) an address from where the goods may be collected; (d) a statement of the relevant charge payable to the receiver for the goods and, if the relevant charge is likely to increase, a statement of the current relevant charge and an estimate of further charges that will accrue; (e) a statement to the effect that on or after a specified date the goods will be disposed of unless they are collected and the relevant charge paid; and (f) if applicable, a statement to the effect that the receiver will retain from the proceeds of sale of the goods an amount not exceeding the sum of the relevant charge and the disposal costs. 33 Giving notice (1) A notice under Part 2 may be given to the person personally or left at, or sent by post to, the person's last known address.

Part 7 Repeal and transitional provisions Division 1 Repeal of Acts Uncollected Goods Act 2004 15 (2) A notice to a person with a publicly registered interest in uncollected goods is taken to have been given if it has been sent by post to the person's address in the register in which the interest is recorded. Part 6 Miscellaneous 34 Regulations (1) The Administrator may make regulations, not inconsistent with this Act, prescribing matters: (a) required or permitted by this Act to be prescribed; or (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act. (2) The Regulations may provide for the following: (a) the keeping of records; (b) the valuation of goods; (c) penalties for offences against the Regulations not exceeding 100 penalty units for a natural person and 500 penalty units for a body corporate. (3) The Regulations may: (a) make different provision in relation to: (i) different persons or matters; or (ii) different classes of persons or matters; or (b) apply differently by reference to stated exceptions or factors. Part 7 Repeal and transitional provisions Division 1 Repeal of Acts 35 Repeal The following Acts are repealed: (a) Disposal of Uncollected Goods Act 1976 (No. 45 of 1976); (b) Disposal of Uncollected Goods Act 1977 (No. 21 of 1977).

Part 7 Repeal and transitional provisions Division 2 Transitional provisions Uncollected Goods Act 2004 16 Division 2 Transitional provisions 36 Definitions In this Division: commencement date means the date on which this Act comes into operation. repealed Act means the Disposal of Uncollected Goods Act 1976 as in force immediately before the commencement date. 37 Application of Division This Division applies despite section 8 and the repeal of the repealed Act. 38 Disposal of goods (1) If, under section 8(1)(b) of the repealed Act, a person has given notice of intention to sell goods, Part II of the repealed Act applies to the goods. (2) If, under section 12(1) of the repealed Act, a person has applied to the Court for an order to sell goods, Part III of the repealed Act applies to the goods. 39 Procedure after sale or disposal of goods For goods sold or disposed of under Part II or III of the repealed Act, section 17 of that Act applies. 40 Record of sale or disposal (1) For goods sold or disposed of under Part II or III of the repealed Act, section 18 of that Act applies. (2) However, section 18(2) of the repealed Act applies as if the reference to 6 years were a reference to 3 years. 41 Disposal of net proceeds of sale of goods (1) If they have not already been paid into a Trust Fund, proceeds of the sale or disposal of goods under the repealed Act must be dealt with under section 27 of this Act. (2) Moneys deposited into a Trust Fund at the Territory Insurance Office or an ADI opened for section 19(3) of the repealed Act must, as soon as practicable after the commencement date, be transferred to the Accountable Officer's Trust Account.

Part 7 Repeal and transitional provisions Division 2 Transitional provisions Uncollected Goods Act 2004 17 (3) Section 27(4), (5) and (6) of this Act applies to the transferred moneys as if the goods to which the moneys relate were sold under Part 2 of this Act. 42 Power of court to re-open transactions Section 20 of the repealed Act applies if an action to re-open a transaction began before the commencement date. 43 Title of persons acquiring goods Section 22 of the repealed Act applies to goods sold under that Act. 44 Notices For goods to which section 38 of this Act applies, sections 23 and 25 of the repealed Act apply. 45 Offences Section 24 of the repealed Act applies if a person fails to comply with that Act if required to do so under this Part. 46 Regulations If, under this Part, a provision of the repealed Act continues to apply, any regulation made under that Act and that is relevant to that continuing provision also continues to apply.

ENDNOTES Uncollected Goods Act 2004 18 ENDNOTES 1 KEY Key to abbreviations amd = amended od = order app = appendix om = omitted bl = by-law pt = Part ch = Chapter r = regulation/rule cl = clause rem = remainder div = Division renum = renumbered exp = expires/expired rep = repealed f = forms s = section Gaz = Gazette sch = Schedule hdg = heading sdiv = Subdivision ins = inserted SL = Subordinate Legislation lt = long title sub = substituted nc = not commenced 2 LIST OF LEGISLATION Uncollected Goods Act 2004 (Act No. 33, 2004) Assent date 4 June 2004 Commenced 1 July 2004 (Gaz G26, 30 June 2004, p 3) Statute Law Revision Act 2007 (Act No. 4, 2007) Assent date 8 March 2007 Commenced 8 March 2007 Justice Legislation Amendment (Penalties) Act 2010 (Act No. 12, 2010) Assent date 20 May 2010 Commenced 1 July 2010 (Gaz G24, 16 June 2010, p 2) Personal Property Securities (National Uniform Legislation) Implementation Act 2010 (Act No. 30, 2010) Assent date 9 September 2010 Commenced ss 58 to 60: 30 January 2012 (Gaz, S2, 24 January 2012); rem: 25 November 2011 (Gaz,S68, 25 November 2011) Consumer Affairs and Fair Trading Amendment (National Uniform Legislation) Act 2010 (Act No. 41, 2010) Assent date 8 December 2010 Commenced 1 January 2011 (Gaz S71, 20 December 2010) Local Court (Related Amendments) Act 2016 (Act No. 8, 2016) Assent date 6 April 2016 Commenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related Amendments) Act 2016 (Act No. 9, 2016) and Gaz S34, 29 April 2016)

ENDNOTES Uncollected Goods Act 2004 19 3 GENERAL AMENDMENTS General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) to: ss 1, 4, 9, 20, 28 and 36. 4 LIST OF AMENDMENTS s 4 amd No. 30, 2010, s 53 s 9 amd No. 41, 2010, s 30; No. 8, 2016, s 45 s 19 amd No. 12, 2010, s 3 sub No. 30, 2010 s 53 s 27 amd No. 4, 2007, s 7; No. 12, 2010, s 3 s 28 amd No. 12, 2010, s 3 s 30 amd No. 12, 2010, s 3

1 Uncollected Goods Act 2004

Definitions set the Act’s operational boundaries. “Bailment” is defined broadly to include commercial, gratuitous and involuntary bailments and sub-bailments (s 4). “Uncollected goods” comprises several factual predicates: goods ready for delivery but not taken by the provider (s 5(1)(a)), cases where notice obligations are triggered but the provider cannot be located (s 5(1)(b)), situations where the receiver can expect to be relieved of safeguarding duties on giving notice but cannot contact the provider (s 5(1)(c)), and where the provider has failed to pay the relevant charge within a reasonable time after notification (s 5(1)(d)). Subsection 5(2) clarifies that (a) will not cover failures to take delivery caused by the receiver’s refusal or prevention of delivery. The “relevant charge” is the amount payable to obtain delivery; absent an agreement it is whatever is reasonable for carriage, storage, repairs or other work and includes storage/maintenance/insurance costs incurred from giving notice until disposal (s 6).

Value classes determine disposal pathways. The Act distinguishes low value (less than $200), medium value ($200-$999.99), and high value ($1,000-$6,999.99) goods, subject to any regulation-prescribed alternative thresholds (s 4). Low value goods may be disposed of after 28 days following notice (s 14). Medium value goods require written notice to specified persons and a two-month period before disposal; disposal must be by public auction or private sale at a fair price (s 15). High value goods require written notice to more parties (including Commissioner of Police), a 3-month wait, and publication of a copy of the notice in a daily newspaper circulating generally in the Territory at least 28 days before disposal; disposal must be by public auction or private sale at a fair price (s 16). Perishable goods may be disposed of once a reasonable collection time has elapsed after notice (s 17). For disposal of goods valued at or above the high value bracket, Court authorisation is required if the value exceeds the high value (s 18(1)).

Motor vehicles are subject to extra steps. A receiver must not dispose of a motor vehicle of or above medium value without obtaining a written PPS Register search result in the appropriate form under the PPS Act (s 19), with a maximum penalty of 100 penalty units for non-compliance. The Registrar of Motor Vehicles must, on a statutory-declaration application (accompanied by the prescribed Motor Vehicles Act fee), provide ownership details to the receiver if satisfied the application is for the Act’s purposes; the application must include prescribed information (s 20).

Liability and proceeds are regulated. A receiver who disposes in accordance with Part 2 is not liable to others by reason of the disposal (s 26). Proceeds of sale: the receiver may retain the relevant charge and disposal costs (s 27(1)). If proceeds are insufficient, the receiver can recover the deficiency as a debt from the provider (s 27(2)). If proceeds exceed the sum required, the receiver must, within 28 days, pay the balance to the Accountable Officer’s Trust Account and supply records (s 27(3)); claimants with an interest must apply within 3 years (s 27(5)). Unclaimed proceeds after 3 years go to the Central Holding Authority (s 27(9)).

Record and notice form rules: Notices must contain prescribed particulars including receiver details, description of goods, collection address, relevant charge and where applicable a statement that proceeds may be retained up to the relevant charge and disposal costs (s 32). Notices may be given personally, left at, or posted to, last known address; notice to a person with a publicly registered interest is taken as given if posted to the register address (s 33(1)-(2)). Receivers must create detailed disposal records within 7 days and retain them for 3 years (s 28).

The Act leaves common law bailment principles in force where not displaced (s 10) and does not apply to several statutory liens and regimes (s 9).

The statute creates roles and financial obligations that fall principally on three groups: receivers (persons who have possession under bailment), providers (persons who delivered goods into bailment), and owners or other persons with an interest in the goods. The receiver is given the primary decision-making power to effect disposal under Part 2, subject to notice and Court requirements (s 12(1)). The provider, owner or any other person with an interest retains the right to redeem the goods by payment of the relevant charge at any time prior to disposal (ss 13, 24). If the proceeds of sale are insufficient to meet the receiver’s relevant charge and disposal costs, the provider is liable for the deficiency as a debt (s 27(2)); conversely, any surplus is held by the Accountable Officer pending claim (s 27(3)-(5)).

Third parties with registered or unregistered interests are affected. The Act requires notice to be given to any person “having or claiming an interest” in medium or high value disposals (ss 15(1)(a)(ii)-(iii), 16(1)(a)(ii)-(iii)) and to persons with a publicly registered interest: notice sent to the register address is taken to be given (s 33(2)). The Act also explicitly involves the Commissioner of Police for high value disposals (s 16(1)(a)(iv)) and requires the receiver to give a copy of Court applications to the Commissioner and any person with a publicly registered interest (s 21(3)(d)-(e)). The Registrar of Motor Vehicles is required to disclose ownership details on statutory declaration application for Act purposes (s 20), affecting privacy and administrative interaction.

Regulators and public officers have roles. The Accountable Officer is the recipient of surplus sale proceeds and administers payment to claimants from trust funds (s 27(3)-(6)); after three years unclaimed proceeds must be paid to the Central Holding Authority (s 27(9)). The Commissioner of Police is a named recipient of notice for high-value disposals and of Court application copies (ss 16(1)(a)(iv), 21(3)(d)). The Registrar of Motor Vehicles has an administrative obligation to provide ownership details upon compliant application (s 20).

Businesses operating as receivers face direct operational obligations. Commercial entities such as repairers, storage operators, caravans/wrecker yards and auctioneers will be obliged to give notices in the required form (s 32), observe the waiting periods appropriate to value class (ss 14-16), undertake PPS Register searches for motor vehicles (s 19), prepare and retain statutory records after disposal (s 28) and, if selling, supply purchasers of motor vehicles with prescribed receipts (s 30). The receiver also bears the compliance risk: failure to prepare records, produce receipts, or obtain required PPS searches exposes the receiver to statutory penalties (see s 19; s 27(3)-(8) contains penalties for false documents to the Accountable Officer; s 28 penalties for record-keeping failures; s 30 receipt penalties).

Consumers and owners with small-value goods are affected by the comparatively short notice and disposal regime for low value goods (s 14). For perishable goods, the Act permits immediate disposal once a reasonable collection time has elapsed after notice (s 17), which directly affects consumable goods and storage businesses.

The Crown is bound by the Act (s 7), so public-sector agencies as providers or receivers fall within the statutory framework where legislative competence permits. The Act also interacts with other Territory laws and excludes particular regimes from its operation (s 9), so entities relying on those regimes are not within this Act’s reach.

Receiver duties and powers

Power to dispose: The receiver may dispose of uncollected goods under Part 2, subject to the Act’s notice, value-class and Court requirements (s 12(1)). A receiver must not dispose where a dispute over the relevant charge exists and an application has been made under s 22, though the receiver may still give notice of intention to dispose (s 12(2)-(3)).
Notice obligations: For low, medium and high value goods, the receiver must give the specified form of notice and observe the relevant waiting period before disposal (ss 14-16); a notice for medium and high value must be written and given to provider, owner and any person claiming an interest (ss 15(1)(a), 16(1)(a)(i)-(iii)). Notices must contain prescribed particulars (s 32).
Motor vehicle-specific duties: Before disposing of a motor vehicle at or above medium value the receiver must obtain a written PPS Register search result under the PPS Act (s 19). Where applicable the receiver may apply to the Registrar for ownership details on statutory declaration (s 20).
Record-keeping: The receiver must prepare a detailed record within 7 days after disposal and retain it for 3 years. The record must contain specified particulars including sale price, purchaser details and amounts retained for charges and disposal costs (s 28(1)-(2)).
Financial accounting: If proceeds exceed the relevant charge and disposal costs, the receiver must, within 28 days, pay the balance to the Accountable Officer’s Trust Account and give the Accountable Officer a copy of the records (s 27(3)).

Provider, owner and claimant rights

Right to redeem: The provider, owner or any other person with an interest may recover the goods on payment of the relevant charge at any time prior to disposal (ss 13, 24).
Right to be notified: Providers and persons with interests are entitled to receive notices where required by the value-class rules (ss 15-16, s 32). A person with a publicly registered interest is taken to have been given notice if the notice is posted to the address in the register (s 33(2)).
Right to claim surplus: If a sale produces surplus proceeds, persons who had an interest may apply to the Accountable Officer to recover an amount corresponding to their interest; applications must be made within 3 years of sale (s 27(4)-(5)).

Court-related rights and processes

Court application by receiver: A receiver may apply for a disposal order (s 21). Applications must state grounds and include prescribed notice information (s 21(2)). Receivers must send copies of applications to provider, owner, known claimants, Commissioner of Police and persons with publicly registered interests (s 21(3)).
Dispute resolution: Where there is a dispute about the relevant charge, either party may apply to the Court to determine the amount (s 22). An existing application under s 22 suspends disposal in circumstances described (s 12(2)).
Court orders: The Local Court may authorise disposal and specify the means, date and amount of relevant charge payable (s 23(1)-(2)). Goods of value exceeding the high-value band require Court order to be disposed (s 18(1)).

Protections and liabilities

Non-liability for due disposal: A receiver who disposes of uncollected goods under Part 2 is not liable to others by reason of that disposal (s 26).
Purchaser good title: A purchaser who buys without notice of any failure to comply with the Act and without notice of defects in the provider’s title obtains good title free of prior interests (s 29(1)). A receiver who appropriates goods in accordance with Part 2 acquires good title (s 29(2)).
Penalties: The Act sets statutory penalties for specified breaches, including failing to obtain a PPS Register search for motor vehicles of or above medium value (s 19), making false or misleading documents to the Accountable Officer when claiming surplus (s 27(8)), failing to make required records (s 28(1)-(2) penalties), and failing to provide required receipts for motor vehicle purchasers (s 30). Penalty quantum is stated in penalty units and varies by offence and whether offender is a natural person or corporation (see ss 19, 27(3), 27(8), 28, 30).

The Act prescribes specific criminal or penal sanctions for defined breaches and embeds administrative enforcement through other offices. Penalty amounts are expressed in penalty units and some penalties differ between natural persons and bodies corporate. The Act’s enforcement architecture combines statutory fines, requirements to account to an Accountable Officer, and civil recovery routes.

Key statutory penalties and enforcement mechanisms:

PPS Register search requirement: A receiver who disposes of a motor vehicle of or greater than medium value without obtaining the written PPS Register search result required by s 19 faces a maximum penalty of 100 penalty units.
False or misleading documents to Accountable Officer: Section 27(8) penalises a person who gives the Accountable Officer a document for the purposes of s 27(4) knowing the document is false or misleading in a material particular. The maximum penalty is 100 penalty units or imprisonment for 6 months for a natural person, and 500 penalty units for a body corporate.
Record-keeping failures: Section 28(1) requires preparation of a specific disposal record within 7 days; the maximum penalty for failure to prepare or retain the record is 100 penalty units for a natural person and 500 penalty units for a corporate.
Motor vehicle receipts: Section 30 requires a receiver selling a motor vehicle to provide a prescribed receipt to the purchaser. Failure carries a maximum penalty of 100 penalty units for a natural person and 500 penalty units for a corporate.
Proceeds handling: If the receiver fails to pay the balance of proceeds to the Accountable Officer within 28 days and give the required records, the Act ties both a statutory obligation and potential penalties via the false-document prohibition in s 27(8) and record-keeping penalties in s 28.

Civil remedies and administrative enforcement:

Civil recovery for deficiency: If sale proceeds are insufficient to cover the relevant charge and disposal costs, the receiver may recover the deficiency as a debt from the provider in any court of competent jurisdiction (s 27(2)). This is not a criminal penalty but a civil enforcement route for the receiver.
Accountable Officer’s role: The Accountable Officer receives surplus proceeds and pays claimants with demonstrated interests (s 27(3)-(6)). Improper claims (false documents) attract criminal penalties (s 27(8)).
Suspension by other proceedings: If a person other than the provider brings a proceeding for recovery of the goods prior to disposal under Part 2, a Court order under s 23 is suspended until that proceeding is decided (s 25(1)). An order for recovery supersedes the disposal authority (s 25(2)).

Enforcement visibility and public functions:

Publication for high-value disposals: The Act requires the receiver to publish a copy of the disposal notice in a daily newspaper circulating generally in the Territory at least 28 days prior to disposal of high value goods (s 16(1)(c)). That creates a public notice channel that can affect enforcement through public awareness and potential third-party claims.
Interaction with registers and public agencies: Notice to persons with publicly registered interests is treated as given if posted to register addresses (s 33(2)). The Commissioner of Police is explicitly a notice/copy recipient for high-value disposals and Court applications (ss 16(1)(a)(iv), 21(3)(d)), enabling police oversight or intervention where relevant.

Limitations on penalties:

The Act does not create fines for every possible procedural breach; many enforcement levers are administrative (payment of proceeds, civil debt recovery) or depend on proof of knowledge/recklessness for false-document offences. Some compliance failures (for example, improper valuation or alleged unfair auction) are not tied to a specific criminal penalty in the text; parties would likely seek relief through Court orders under Pt 3 (s 21-23) or through existing common law.

Regulations can prescribe further penalties: Section 34(2)(c) allows the Regulations to create offences with penalties not exceeding 100 penalty units for individuals and 500 penalty units for bodies corporate.

The Act is drafted to coexist with a range of Territory and Commonwealth regimes; it both excludes and incorporates other rules. The text explicitly states interactions and carve-outs.

Express exclusions (s 9(1)):

Accommodation Providers Act 1981: The Act does not apply to goods over which an accommodation provider has a lien under s 9 of that Act (s 9(1)(a)).
Australian Consumer Law (NT) and pawnbroker provisions: The Act excludes unsolicited goods to which s 41 of the Australian Consumer Law (NT) applies and goods subject to pawnbroker contract regimes under the Consumer Affairs and Fair Trading Act 1990 (s 9(1)(b)).
Local Court (Criminal Procedure) Act 1928: Goods that fall within s 130B of that Act are excluded (s 9(1)(c)).
Police Administration Act 1978: Goods falling under s 166 of that Act are excluded (s 9(1)(d)).
Residential Tenancies Act 1999 and Retirement Villages Act 1995: Abandoned goods under certain sections of those Acts sit outside the Uncollected Goods Act (s 9(1)(e)).
Traffic Act 1987: Abandoned vehicles under that Act are excluded (s 9(1)(f)).
Other prescribed Territory laws: The regulations may prescribe other laws to which this Act does not apply (s 9(1)(g)).

Relationship with Warehousemen’s Liens Act 1969:

The Act explicitly operates in addition to, and does not limit, the disposal of goods under the Warehousemen’s Liens Act 1969 (s 9(2)). This preserves alternative statutory lien-based remedies.

Interaction with Commonwealth PPS Act:

The Act requires a receiver to obtain a written PPS Register search result under the PPS Act before disposing of a motor vehicle of or above medium value (s 19). The Act uses the PPS Act definitions and the PPS Register (s 4), thereby importing Commonwealth property-security registration procedures into the Territory’s disposal regime for motor vehicles.
Alteration via national uniform legislation: The reprint records amendments related to the Personal Property Securities (National Uniform Legislation) Implementation Act 2010 (Endnotes), reflecting structural interaction with the national PPS regime.

Common law bailment:

The Act preserves the common law relating to bailment to the extent it is not inconsistent with the statute (s 10). Practitioners must therefore read statutory rights and duties alongside established common law principles where not displaced.

Local Court procedural interaction:

The Act makes the Local Court the forum for applications under Pt 3 (s 4 definition of Court). Amendments listed in the endnotes show Local Court-related amendments have occurred (Local Court (Related Amendments) Act 2016), indicating procedural links to Local Court rules and capacity.

Motor Vehicles and Registrar functions:

The Motor Vehicles Act 1949 is engaged: s 20 prescribes a statutory-declaration application accompanied by the Motor Vehicles Act fee; the Registrar must disclose ownership details for Act purposes. This integrates motor registration records with disposal mechanics.

Financial administration:

The Accountable Officer and Accountable Officer’s Trust Account are referenced (s 27). The Accountable Officer is defined by reference to the Financial Management Act 1995 (s 4). Proceeds are paid into trust and later may pass to the Central Holding Authority (s 27(9)). This ties the disposal proceeds to Territory financial management frameworks.

Regulations:

Section 34 allows regulations to prescribe valuation, record-keeping, penalties and other matters. Where regulations exist they may adjust practical operation , for example, prescribing different value thresholds (s 4 definitions refer to “or, if another value is prescribed by the Regulations”).

Transitional and repeals:

The Act repealed earlier Disposal of Uncollected Goods Acts (s 35). Transitional provisions (ss 36-46) specify how matters in train under the repealed Act are handled, including proceeds, records and powers for the Court to re-open transactions (ss 41-44). Practitioners must check transitional provisions for legacy matters.

The Act as reprinted contains an amendments summary in its endnotes which identifies a sequence of statutory changes that materially affect interpretation and operation. These are the amendments recorded in the Act’s endnotes and list of legislation.

Primary amending Acts and dates (as listed in the endnotes):

Statute Law Revision Act 2007 (Act No. 4, 2007), assent 8 March 2007, commenced 8 March 2007 (Endnotes 2-3). This Act made formal amendments including to s 27 as noted in the general amendment list.
Justice Legislation Amendment (Penalties) Act 2010 (Act No. 12, 2010), assent 20 May 2010, commenced 1 July 2010 (Endnote 2). This Act amended penalties and specific sections including s 19 and s 27, s 28 and s 30 (List of amendments).
Personal Property Securities (National Uniform Legislation) Implementation Act 2010 (Act No. 30, 2010), assent 9 September 2010, with implementation dates partly in 2011-2012 (Endnote 2). This Act amended s 4 to insert definitions referencing the PPS Act and PPS Register, and substituted s 19 (List of amendments).
Consumer Affairs and Fair Trading Amendment (National Uniform Legislation) Act 2010 (Act No. 41, 2010), assent 8 December 2010, commenced 1 January 2011 (Endnote 2). It amended s 9 to update the Act’s interaction with the Australian Consumer Law (NT).
Local Court (Related Amendments) Act 2016 (Act No. 8, 2016), assent 6 April 2016, commenced 1 May 2016 (Endnote 2). This made amendments relevant to the definition and role of the Court (s 9 amendments are noted).
Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) made general formal amendments to sections 1, 4, 9, 20, 28 and 36 (Endnote 3).

Sections explicitly listed as amended in the Act’s reprint (Endnote 4) include:

s 4 (definitions) amended by No. 30, 2010, s 53 to add PPS Act and PPS Register references;
s 9 amended by No. 41, 2010, s 30 and No. 8, 2016, s 45 to reflect interaction with consumer and Local Court amendments;
s 19 amended by No. 12, 2010, s 3 and substituted by No. 30, 2010, s 53 (reflecting PPS Act integration);
s 27 amended by No. 4, 2007, s 7 and No. 12, 2010, s 3 (affecting proceeds and penalties);
s 28 amended by No. 12, 2010, s 3 (record-keeping changes and penalties); and
s 30 amended by No. 12, 2010, s 3 (receipt requirements and penalties for motor vehicle sales).

Transitional provisions (Part 7 Div 2, ss 36-46) preserve parts of the repealed Disposal of Uncollected Goods Acts for matters already in process at commencement and set processes for transferring trust monies into the Accountable Officer’s Trust Account (ss 41-44). They also preserve certain regulations under the repealed Act to the extent required (s 46).

Practical implications of the amendment history:

Integration with the PPS regime in 2010 changed motor vehicle disposal practice by requiring PPS Register searches (s 19) and adding PPS definitions (s 4). Practitioners need to be alert to any further national PPS changes that could affect s 19 compliance.
Penalty adjustments in 2010 reflect a conscious legislative decision to calibrate deterrence for record-keeping, PPS searches and false claims (see list of amendment targets).
Local Court procedural amendments in 2016 situate applications and orders in the updated Local Court framework; check current Local Court rules when preparing s 21 applications.

The Act’s endnotes provide the authoritative reprint history; practitioners relying on historical or transitional issues should consult the precise amending instruments and commencement dates listed in the endnotes (Endnote 2 and List of amendments).

The text of the Act as provided contains no citations to judicial decisions and does not include any reported litigation. The Act’s reprint and endnotes list the statutes that have amended it but do not name cases. Therefore the Act itself does not record any litigation history or judicial interpretations.

How to approach litigation risk given the statutory text:

Point of judicial contest likely to arise: interpretation of “uncollected goods” criteria in s 5, particularly what constitutes “reasonable time” for payment (s 5(1)(d)) and for collection of perishable goods (s 17(1)(b)). These are fact-sensitive standards that the Court would resolve on evidence if cases are litigated.
Procedural compliance suits: Disputes are likely to focus on whether the receiver complied with notice obligations in ss 14-16 and s 32, including sufficiency of service under s 33. Section 33 allows notice given personally, left at, or posted to last known address; disputes may arise over what constitutes the “last known address” or whether a person was “unaware” of a receiver’s knowledge of their interest (s 31(1)).
Motor vehicle disposals: Non-compliance with s 19’s PPS Register search requirement attracts a statutory penalty and could be challenged in civil proceedings by purchasers or claimants. Litigation may involve whether a written search result in the “appropriate form” under the PPS Act was obtained.
Proceeds and claimant rights: Litigation can arise over surplus allocation under s 27 , whether a claimant had an interest at the relevant time and the quantum of that interest, or claims outside the three-year window (ss 27(4)-(6)). The Accountable Officer is the statutory administrator of surplus funds, but claimants may litigate entitlement under civil property principles if dissatisfied with trust account distributions.
Court orders and competing proceedings: Part 3 allows the receiver and other parties to apply to the Local Court (ss 21-23). Section 25 suspends a Court disposal order if, prior to disposal, a person other than the provider starts recovery proceedings. This creates procedural interplay where strategic litigation can delay disposals; expect contested interlocutory applications and applications to re-open or set aside disposals under the transitional power preserved from the repealed Act (s 42 referencing prior law).

Absence of cases in the text means practitioners must examine Local Court decisions, territory law databases and reported unreported decisions for precedents post-enactment. The Act’s fact-sensitive provisions and procedural strictures make compliance documents, proof of notice and timing key evidentiary items in any litigation. The lack of statutory guidance on valuation, “reasonable time” and auction fairness leaves scope for judicial development under the preserved common law (s 10) and Court orders (s 23).

The Act contains several practical traps and friction points that create implementation risk if not anticipated and managed.

“Reasonable time” and evidentiary burden

The Act repeatedly uses “reasonable time” (s 5(1)(d) regarding payment, s 17(1)(b) for perishable goods) without numerical definition. Receivers must document circumstances establishing that the period they allowed was reasonable. The Act’s specified absolute timeframes for low/medium/high value disposals (28 days, 2 months, 3 months) do not displace vagueness where “reasonable” is required, creating potential for disputes as to adequacy of notice and whether disposal was lawful (compare ss 14-16 with s 17 and s 5(1)(d)).

Notice and service pitfalls

Notice may be given personally, left at, or sent by post to the person’s last known address (s 33(1)), and a notice to a person with a publicly registered interest is taken as given if posted to the register address (s 33(2)). Receivers who rely on post face the usual risks of postal non-delivery; where a person claims they did not receive notice, the receiver must show adherence to s 33 modes and that the address used was the last known. For persons “unaware” of an interest, s 31(1)(a) excuses notice,but the receiver’s state of knowledge will be scrutinised.

Publicly registered interests and PPS register interactions

For motor vehicles of or above medium value, the receiver must obtain a written PPS Register search result (s 19) and may need Registrar ownership details by statutory declaration (s 20). Failure carries a penalty (s 19). Practitioners must understand how to obtain the “appropriate form” PPS search and maintain evidence of that search. The Act does not specify time limits on how recent the search must be; receivers should document search date proximate to sale.

Requirement to publish for high-value disposals

High-value disposals require publication of a copy of the notice in a daily newspaper circulating generally in the Territory at least 28 days prior to disposal (s 16(1)(c)). Failing to publish as required may void the disposal authority or expose the receiver to challenges, but the Act does not specify alternative public notice routes. Receivers must budget time and cost for publication.

Liability despite “not liable” framing

Section 26 says a receiver who disposes under Part 2 is not liable to any other person in relation to the goods “by reason of the disposal.” That protection depends on strict compliance with Part 2. Non-compliance with notice, PPS search, record or receipt requirements may expose receivers to remedies outside s 26 protections, criminal penalties, and civil claims for improper disposal.

Strict record and timing obligations

Receivers must prepare specified records within 7 days of disposal and retain them for 3 years (s 28). The statutory record content is detailed (s 28(1)). Failure carries penalties. Moreover, if sale proceeds exceed charges the receiver must pay the balance into the Accountable Officer’s Trust Account within 28 days and supply copies of records (s 27(3)). Missteps here attract both criminal penalties for false documents (s 27(8)) and civil accountability.

Different regimes excluded

The Act does not apply where other statutory liens or regimes apply (s 9). Receivers must satisfy themselves that their circumstances do not fall under one of the excluded regimes (eg abandoned vehicles under the Traffic Act 1987, accommodation provider liens, pawnbroker contracts). Misapplying this Act to goods properly disposed of under another regime can create legal exposure.

Good title depends on purchaser knowledge

Purchasers obtain good title only if they buy without notice of failure to comply and without notice of provider’s title defects (s 29(1)). Receivers selling to connected parties or related entities should ensure clear proof that the purchaser lacked such notice, or they risk subsequent claims.

Surplus claims and time bar

Claimants have 3 years to apply to the Accountable Officer for payment of their interest in surplus proceeds (s 27(5)). After 3 years proceeds go to the Central Holding Authority (s 27(9)). Receivers must ensure prompt payment to the Accountable Officer to avoid bureaucratic delays and must retain records to support any later claims.

Court applications and suspension of disposals

If another person commences recovery proceedings prior to disposal, any Court order under s 23 is suspended until that proceeding is decided (s 25(1)). Receivers must monitor for such proceedings and cannot assume disposal authority once litigation involving a third party has been started.

Regulations can change thresholds and processes

The Act allows regulations to prescribe alternative thresholds for value classes, rules on valuation, and additional offences/penalties (s 34). Practitioners should check current Regulations to confirm applicable monetary thresholds and any added procedural requirements.

This section sets out a practical checklist and process sequence grounded on the Act’s prescribed duties to reduce legal and operational risk for a receiver.

Establish when goods become “uncollected goods”

Apply the s 5 criteria: check whether goods are ready for delivery and the provider has not collected or given directions (s 5(1)(a)), whether the receiver is required to give notice and cannot locate the provider (s 5(1)(b)), or whether payment of the relevant charge has not been made within a reasonable time after notice (s 5(1)(d)). Document factual steps showing delivery readiness, communications sent, and any refusals by the receiver which would displace s 5(1)(a) (s 5(2)).

Determine the correct value band

Ascertain the value of goods and classify them as low, medium or high under s 4, verifying any Regulation-prescribed thresholds. If there is doubt about valuation, keep contemporaneous valuation evidence and, for medium/high/suspected high value, consider seeking a Court order (s 18(1)) where value possibly exceeds the high band.

Calculate the relevant charge and disposal costs

Establish the relevant charge as the agreed amount or a reasonable amount for carriage/storage/repairs (s 6(2)(a)). Add storage/maintenance/insurance costs incurred from notice to disposal or from Court application to disposal (s 6(2)(b)). Keep invoices and time-stamped documentation to support amounts.

Give the required notice in the prescribed form

Prepare notices that comply with s 32: receiver’s name; description of goods; address for collection; statement of current relevant charge and estimate of further charges; a statement of the disposal date after which goods will be disposed; and, if applicable, a statement that the receiver will retain proceeds up to the relevant charge and disposal costs. For medium and high value goods ensure notices are written and served to provider, owner and other claimants (ss 15(1)(a), 16(1)(a)). For persons with a publicly registered interest, post to the register address (s 33(2)). Keep proof of delivery (signed receipt, postal return, affidavit of posting).

Observe the statutory waiting periods

Low value: give oral or written notice and wait 28 days before disposal (s 14(1)); disposal may be by any means (s 14(2)).
Medium value: give written notice as required and wait 2 months; disposal must be public auction or private sale at a fair price (s 15).
High value: give written notice to specified parties, wait 3 months and publish a copy of the notice in a daily newspaper circulating generally in the Territory at least 28 days prior to disposal (s 16(1)(c)); disposal must be public auction or private sale at a fair price (s 16(2)).
Perishable goods: give notice and allow a “reasonable time” for collection; dispose sooner if goods perish, but document the timing and condition (s 17).

Motor vehicle special steps

For motor vehicles of or greater than medium value obtain a written PPS Register search result under the PPS Act in the appropriate form before disposal (s 19). Retain the written search as compliance proof. If needed, make a statutory-declaration application to the Registrar of Motor Vehicles with the prescribed fee to obtain ownership details (s 20), including the particulars required by s 20(2). Ensure a purchaser of a motor vehicle receives the required receipt with specified contents and signatures (s 30).

Use appropriate disposal methods

For medium and high value goods arrange a public auction or private sale at a fair price and preserve evidence of the fairness of process and sale price (s 15(2), s 16(2)). For low value goods or appropriation/destruction, document method and justification (s 14(2), s 17(1)-(2)).

Prepare mandatory records within 7 days of disposal and retain for 3 years

Populate the s 28(1) checklist: description, date and means of giving notice, recipients of notice, Court order date and application copies where applicable, date and manner of disposal, purchaser particulars and sale price, amounts retained for relevant charge and disposal costs, auctioneer details if relevant, and any balance paid to the Accountable Officer with date. Retain records for 3 years and be prepared to provide them to provider, owner, claimants, Commissioner of Police, authorised officers under the Consumer Affairs and Fair Trading Act, the Registrar and the Accountable Officer (s 28(2)).

Handle proceeds properly and promptly

Deduct the relevant charge and disposal costs from proceeds (s 27(1)). If proceeds are insufficient, pursue the provider for the deficiency as a civil debt (s 27(2)). If there is a surplus, pay it to the Accountable Officer’s Trust Account within 28 days of sale and provide the required records (s 27(3)). Keep copies of account transfer receipts and records showing the amounts paid. Be aware of the 3-year claim window for third parties (s 27(5)) and that unclaimed proceeds after 3 years go to the Central Holding Authority (s 27(9)).

Avoid false documents and comply with penalties

Do not submit false or misleading documents to the Accountable Officer in claims matters , s 27(8) creates a serious penalty. Ensure all statutory-declaration and Registrar applications (s 20) are accurate and supported by evidence.

Consider Court route where appropriate or where dispute exists

If the value exceeds the high band, apply to the Local Court for authorisation (s 18(1), s 21). If there is a dispute over the relevant charge, either party may apply to Court to determine the charge (s 22). Where a Court application is made, the receiver must circulate copies to the provider, owner, claimants, Commissioner of Police and any persons with publicly registered interests (s 21(3)). If another party starts recovery proceedings before disposal, note that any Court order authorising disposal is suspended under s 25(1).

Check exclusions and alternative regimes first

Before relying on this Act, confirm the goods are not governed by an excluded statutory regime (s 9). If an alternative statutory lien or abandonment regime applies (Accommodation Providers Act, Traffic Act, Police Administration Act, Consumer Affairs Act provisions, etc.), follow that regime.

Monitor Regulations and amending instruments

Review Regulations under s 34 for prescribed valuation methods, alternate thresholds and any additional offences or procedures that may affect compliance, and check the amendment history for changes to the Act (see endnotes).

Following these steps and keeping meticulous documentary evidence will materially reduce the risk of penalties, disputes and unsuccessful disposals.

Uncollected Goods Act 2004

Plain English Summary

Deep Dive

What it does

Current sections

Uncollected Goods Act 2004

Source text: opening excerpt

1 Uncollected Goods Act 2004

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply