Australian Capital Territory Current Acts

UNCOLLECTED GOODS ACT 1996 - SECT 5

    (1)     Goods shall be deemed to be uncollected goods for this Act—

        (a)     where the possessor received or holds the goods in pursuance of an agreement under which—

              (i)     the owner was to collect the goods at a certain time or within a certain period and has failed to do so; or

              (ii)     the possessor was to deliver the goods to the owner and, after making a reasonable attempt, the possessor is unable to do so in accordance with the agreement; and

        (b)     where the possessor has a lien on the goods under the Mercantile Law Act 1962

and a notice of intention to sell the goods has been given in accordance with section 22 (2) of that Act, but the charges stated in the notice have not been paid by the day specified in the notice; and

        (c)     where the goods are received or held by the possessor in the absence of any agreement regarding collection of the goods—

              (i)     in the case of perishable goods or goods of no value—immediately the goods are received or held by the possessor; or

              (ii)     in the case of any other goods—the owner has refused or failed to comply with a request made in accordance with section 7 to collect the goods; and

        (d)     where the goods were lost or abandoned at a pool facility––

              (i)     in the case of perishable goods or goods of no value––immediately the operator of the pool facility or employee of the operator takes possession of the goods; or

              (ii)     in the case of any other goods—if the goods have not been given to a person entitled to their possession within the period specified in section 12 ; and

        (e)     where the goods were lost or abandoned on public or unleased land—

              (i)     in the case of perishable goods or goods of no value—immediately the goods are found by an authorised officer; or

              (ii)     in the case of any other goods—

    (A)     immediately the goods are moved to a retention area under section 14 (1) (a) (i); or

    (B)     if the goods have not been collected by the owner in accordance with a notice affixed to the goods under section 14 (1) (a) (ii).

    (2)     However, subsection (1) (e) does not apply if—

        (a)     the goods are a vehicle; and

        (b)     an authorised officer has reasonable grounds for believing that the vehicle has been abandoned.