Victorian Current Acts

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AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 - SECT 54

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 has not given directions as to their delivery; or

        (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; or

        (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

        (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)     Goods are not uncollected goods for the purposes of subsection (1)(a) 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.



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