New South Wales Consolidated Acts

UNCOLLECTED GOODS ACT 1995 - SECT 5

5 When goods uncollected for purposes of Act

(1) Bailed goods are uncollected for the purposes of this Act if--

(a) the goods are ready for delivery to the depositor in accordance with the terms of the bailment, but the depositor has failed to take delivery of the goods or, if those terms so provide, to give directions as to their delivery, or

(b) the receiver is required to give notice to the depositor before the goods are so ready for delivery, but is unable to trace or communicate with the depositor, or

(c) the receiver can reasonably expect to be relieved of any duty to safeguard the goods on giving notice to the depositor, but is unable to trace or communicate with the depositor.

(2) Goods are also uncollected goods if--

(a) a park owner reasonably believes the goods have been abandoned or left by the occupant on the site when an occupation agreement is terminated (within the meaning of the Holiday Parks (Long-term Casual Occupation) Act 2002 ), or

(b) an operator reasonably believes the goods have been abandoned or left behind on residential premises when an agreement is terminated or on common property in the community (within the meaning of the Residential (Land Lease) Communities Act 2013 ), or

(c) a landlord reasonably believes the goods have been abandoned or left behind by the tenant or an occupant of the premises after vacant possession of the premises is obtained or the premises are abandoned (within the meaning of the Residential Tenancies Act 2010 ), or

(d) an operator reasonably believes the goods have been abandoned or left behind on residential premises when a residence contract is terminated or on common property within the retirement village (within the meaning of the Retirement Villages Act 1999 ), or

(e) an owners corporation reasonably believes the goods have been abandoned or left behind on common property of a strata scheme (within the meaning of the Strata Schemes Management Act 2015 ), or

(f) the goods are of a kind prescribed by the regulations.