Victorian Current Acts

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AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 - SECT 62

High value uncollected goods

    (1)     A receiver may dispose of high value uncollected goods if—

        (a)     the receiver has given written notice of the receiver's intention to dispose of the goods to the following—

              (i)     the provider; and

              (ii)     in a case where the provider and the owner are different people and the receiver is aware of that fact, the owner of the goods; and

              (iii)     any person who has a publicly registered interest in the goods; and

              (iv)     any other person having or claiming an interest in the goods of which the receiver is aware; and

        (b)     28 days have elapsed since giving the notice and neither of the following persons have taken delivery of the goods or given directions as to their delivery—

              (i)     the provider; or

              (ii)     the owner of the goods.

    (2)     A receiver may dispose of high value uncollected goods if—

        (a)     the receiver cannot locate or communicate with the provider or the owner of the goods in order to provide written notice under subsection (1) after making reasonable attempts to do so; and

        (b)     180 days have elapsed since the goods became uncollected goods.

    (3)     Goods must not be disposed of under this section otherwise than—

        (a)     by way of public auction that is either—

              (i)     advertised at least 7 days in advance; or

              (ii)     held over a period of at least 7 days; or

        (b)     subject to subsection (4), by way of private sale.

    (4)     Goods may only be disposed of under subsection (3)(b) if—

        (a)     notice has been given in accordance with subsection (1); and

        (b)     the receiver has a reasonable belief that the best price could only be achieved by private sale; and

        (c)     the receiver takes reasonable care to ensure that the goods are sold for the best price that can reasonably be obtained, having regard to the circumstances at the time the goods are sold.



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