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