Disposal of Uncollected Goods Act 1967 - Queensland

Service summary

The object of the Act is to authorise and regulate the disposal of goods which are accepted in the course of business for inspection, custody, storage, repair or other treatment, but which are not re-delivered.

The Act applies to goods in situations where the owner/bailor has failed to pay certain charges relating to the goods or fails to take delivery of the goods. In certain cases the person who has possession of the goods can then sell the goods.

The Act prescribes the procedure for sale in such cases which may involve the serving and publishing of notices and the application for a court order, depending on whether there is a dispute or not.

Additional Information:

There is specific legislation relating to the disposal of:

  • goods held by a pawnbroker (Second Hand Dealers and Pawnbrokers Act 2003, Part4):
  • goods left by a tenant (Residential Tenancies Act 1994);

or

  • goods left by a resident of a retirement village (Retirement Villages Act 1999).

Service type

Regulatory Obligation

An obligation defined in law. A business must comply with relevant services.

Definition of terms

Inspection

includes, where applicable, the acceptance of goods for the purpose of submitting a quotation of the charges of the bailee for the repair or other treatment of such goods.

Inspection, custody, storage, repair

Include, where applicable, the transport or towing of any goods to the premises used or appropriated by the bailee for acceptance for any such inspection, custody, storage or repair.

Appeal

Appeal process

Lodgement

Compliance Mechanisms and Penalties

Where goods are sold under the Act, (other than authorised by a Court order), the bailee must compile and retain a record of the transaction for a period of 6 years.

All maters of dispute are to be determined in the Magistrates Court.

Failure to comply with the provisions of the Act is an offence. Penalties include fines or imprisonment.

Review or Appeal Mechanisms

Normal avenues of appeal are available through the court system.


Administering agency

Department of Justice and Attorney-General
Office of Fair Trading
Fair Trading Policy Branch

Contact details

Queensland Government Service Centre
Department of Justice and Attorney-General
Office of Fair Trading
Fair Trading Policy Branch

Operating address:
Upper Plaza Terrace
33 Charlotte Street
Brisbane, Queensland 4000
Mailing address:
GPO Box 3111
Brisbane, Queensland 4001

Phone:

07 3405 0985

Phone:

13 QGOV (13 74 68)

Supporting information

Disclaimer

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