Australian Capital Territory Consolidated Acts

UNCOLLECTED GOODS ACT 1996 - NOTES

Note 2     For example, the Legislation Act, dict, pt 1 defines the following terms:

              •     ACT

              •     Commonwealth

              •     daily newspaper

              •     director-general (see s 163)

              •     State

              •     the Territory.

"authorised officer" means an authorised officer under section 16.

"carriageway", in relation to a public street, includes the gutter (if any) of the public street.

"goods" means moveable personal property, including animals and food.

"goods of low value" means uncollected goods having a net value of more than $20 but less than $500.

"goods of no value" means uncollected goods having a net value of $20 or less.

"goods of significant value" means uncollected goods having a net value of $500 or more.

"leased public baths"—see the Public Baths and Public Bathing Act 1956, dictionary.

"manager"—see the Public Baths and Public Bathing Act 1956, dictionary.

"net value", in relation to goods, means the market value of the goods less the reasonable costs of selling the goods including removal, storage, preservation, transportation and advertising costs.

"off-street parking area" means an area of land available for use by the public, whether with or without the payment of money, for the parking of motor vehicles, and includes—

        (a)     the entrances to, the exits from and the passageways in such an area; and

        (b)     the area of land that is situated between the entrances to and the exits from such an area and a public street and that is used for access to the area.

"owner" means the owner of goods in the possession of another person.

"perishable goods" means—

        (a)     animals; or

        (b)     perishable foodstuffs; or

        (c)     articles that are, or could become, noxious or a danger to public health.

"personal effects" includes private and personal papers, official records, bankbooks, certificates and photographs.

"possessor" means a person in possession of goods belonging to another person.

"public baths"—see the Public Baths and Public Bathing Act 1956, dictionary.

"public place" means—

        (a)     an off-street parking area; or

        (b)     a loading area; or

        (c)     a wharf, pier or jetty; or

        (d)     the Lake Burley Griffin foreshores; or

        (e)     any part of a park, reserve, recreational or sporting ground, racecourse, or any other open place, to which the public has access whether with or without payment for admission, other than a street, road or lane that is prepared with cement or concrete or is sealed with bitumen or other sealing substance.

"public street" means a street, road, lane or footpath (including a street, road, lane or footpath on or forming part of a bridge) that is open to or used by the public, but does not include—

        (a)     an entrance-driveway leading to a parcel of land; or

        (b)     any part of a public place.

"retention area" means an area declared under section 17 to be a retention area for division 2.4.

"trust bank account" means a trust bank account opened by the Minister or the director-general and maintained under the Financial Management Act 1996, section 51.

"uncollected goods"—see section 5.

"value" means the price goods would attract in the market where no special or extraordinary effort would be expended in selling them, irrespective of a particular contract.

"vehicle" means any means of conveyance which runs on wheels, but does not include any vehicle used on a railway or a wheelchair.

Endnotes

1     About the endnotes

Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.

Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office.

Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.

If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.

The endnotes also include a table of earlier republications.

2     Abbreviation key

A = Act	NI = Notifiable instrument
AF = Approved form	o = order
am = amended	om = omitted/repealed
amdt = amendment	ord = ordinance
AR = Assembly resolution	orig = original
ch = chapter	par = paragraph/subparagraph
CN = Commencement notice	pres = present
def = definition	prev = previous
DI = Disallowable instrument	(prev...) = previously
dict = dictionary	pt = part
disallowed = disallowed by the Legislative	r = rule/subrule
Assembly	reloc = relocated
div = division	renum = renumbered
exp = expires/expired	R[X] = Republication No
Gaz = gazette	RI = reissue
hdg = heading	s = section/subsection
IA = Interpretation Act 1967	sch = schedule
ins = inserted/added	sdiv = subdivision
LA = Legislation Act 2001	SL = Subordinate law
LR = legislation register	sub = substituted
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced
mod = modified/modification	or to be expired

3     Legislation history

Uncollected Goods Act 1996 No 86

notified 20 December 1996 (Gaz 1996 No S328)

s 1, s 2 commenced 20 December 1996 (s 2 (1))

remainder commended 19 March 1997 (s 2 (2) and Gaz 1997 No S71)

as amended by

Residential Tenancies (Consequential Provisions) Act 1998 No 4 sch

notified 25 May 1998 (Gaz 1998 No S150)

sch commenced 25 May 1998 (s 2)

Law Reform (Miscellaneous Provisions) Act 1999 No 66 sch 3

notified 10 November 1999 (Gaz 1999 No 45)

sch 3 commenced 10 November 1999 (s 2)

Road Transport Legislation Amendment Act 1999 No 79 sch 3

notified 23 December 1999 (Gaz 1999 No S65)

sch 3 commenced 1 March 2000 (s 2 and see Gaz 2000 No S5)

Legislation (Consequential Amendments) Act 2001 No 44 pt 399

notified 26 July 2001 (Gaz 2001 No 30)

s 1, s 2 commenced 26 July 2001 (IA s 10B)

pt 399 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)

Stock Act 2005 A2005-19 sch 1 pt 1.3

notified LR 13 April 2005
s 1, s 2 commenced 13 April 2005 (LA s 75 (1))
sch 1 pt 1.3 commenced 26 August 2005 (s 2 and CN2005-13)

Criminal Code Harmonisation Act 2005 A2005-54 sch 1 pt 1.36

notified LR 27 October 2005

s 1, s 2 commenced 27 October 2005 (LA s 75 (1))

sch 1 pt 1.36 commenced 24 November 2005 (s 2)

Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.110

notified LR 22 March 2007

s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))

sch 3 pt 3.110 commenced 12 April 2007 (s 2 (1))

Housing Assistance Act 2007 A2007-8 sch 1 pt 1.10

notified LR 10 May 2007

s 1, s 2 commenced 10 May 2007 (LA s 75 (1))

sch 1 pt 1.10 commenced 10 November 2007 (s 2 and LA s 79)

Statute Law Amendment Act 2009 A2009-20 sch 3 pt 3.73

notified LR 1 September 2009

s 1, s 2 commenced 1 September 2009 (LA s 75 (1))

sch 3 pt 3.73 commenced 22 September 2009 (s 2)

Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.160

notified LR 30 June 2011

s 1, s 2 commenced 30 June 2011 (LA s 75 (1))

sch 1 pt 1.160 commenced 1 July 2011 (s 2 (1))

4     Amendment history

Name of Act
s 1     sub A2007-3 amdt 3.538

Dictionary
s 2     om 2001 No 44 amdt 1.4145
    ins A2005-54 amdt 1.242
    sub A2007-3 amdt 3.539

Notes
s 2A     ins A2005-54 amdt 1.242
    sub A2007-3 amdt 3.539

Offences against Act—application of Criminal Code etc
s 2B     ins A2007-3 amdt 3.539

Application of Act
s 3     am A2005-19 amdt 1.3; A2007-3 amdt 3.540

Definitions for Act
s 4     defs reloc to dict A2007-3 amdt 3.543
    om A2007-3 amdt 3.544

Meaning of uncollected goods
div 2.1 hdg     (prev pt 2 div 1 hdg) renum R2 LA

Request to collect goods
s 7     am A2009-20 amdt 3.212

Goods not collected when requested
div 2.2hdg     (prev pt 2 div 2 hdg) renum R2 LA

Goods found at public baths
div 2.3 hdg     (prev pt 2 div 3 hdg) renum R2 LA

Goods found on public or unleased land
div 2.4 hdg     (prev pt 2 div 4 hdg) renum R2 LA

Application of div 2.4
s 13     am 1998 No 4 sch; A2007-8 amdt 1.21

Goods lost or abandoned on public or unleased land
s 14     am 1999 No 79 sch 3

Authorised officers
s 16     am 1999 No 66 sch 3; A2005-54 amdt 1.243
    sub A2007-3 amdt 3.545
    (2)-(4) exp 12 April 2008 (s 16 (4) (LA s 88 declaration applies))
    am A2011-22 amdt 1.448

Identity cards
s 16A     ins A2005-54 amdt 1.244
    (5)-(7) exp 24 November 2005 (s 16A (7))
    am A2011-22 amdt 1.448

Retention areas
s 17     sub 2001 No 44 amdt 1.4146

Mode of disposition
div 3.1 hdg     (prev pt 3 div 1 hdg) renum R2 LA

Sale of goods
div 3.2 hdg     (prev pt 3 div 2 hdg) renum R2 LA

Public auctions
s 25     am A2009-20 amdt 3.212

Claims by owners
div 3.3 hdg     (prev pt 3 div 3 hdg) renum R2 LA

Application of pt 4
s 27A     ins 1998 No 4 sch
    am A2007-8 amdt 1.21

Evidence
s 34     am A2011-22 amdt 1.448

Regulation-making power
s 38     am 2001 No 44 amdt 1.4147

Dictionary
dict     ins A2007-3 amdt 3.546, A2009-20 amdt 3.213
    am A2011-22 amdt 1.449
    def authorised officer reloc from s 4 A2007-3 amdt 3.543
    def carriageway reloc from s 4 A2007-3 amdt 3.543
    def goods reloc from s 4 A2007-3 amdt 3.543
    def goods of low value reloc from s 4 A2007-3 amdt 3.543
    def goods of no value reloc from s 4 A2007-3 amdt 3.543
    def goods of significant value reloc from s 4 A2007-3 amdt 3.543
    def leased public baths sub A2007-3 amdt 3.541
    reloc from s 4 A2007-3 amdt 3.543
    def manager sub A2007-3 amdt 3.541
    reloc from s 4 A2007-3 amdt 3.543
    def net value reloc from s 4 A2007-3 amdt 3.543
    def off-street parking area reloc from s 4 A2007-3 amdt 3.543
    def owner reloc from s 4 A2007-3 amdt 3.543
    def perishable goods reloc from s 4 A2007-3 amdt 3.543
    def personal effects reloc from s 4 A2007-3 amdt 3.543
    def possessor reloc from s 4 A2007-3 amdt 3.543
    def public baths sub A2007-3 amdt 3.542
    reloc from s 4 A2007-3 amdt 3.543
    def public place reloc from s 4 A2007-3 amdt 3.543
    def public street reloc from s 4 A2007-3 amdt 3.543
    def retention area reloc from s 4 A2007-3 amdt 3.543
    def trust bank account reloc from s 4 A2007-3 amdt 3.543
    am A2011-22 amdt 1.450
    def uncollected goods reloc from s 4 A2007-3 amdt 3.543
    def value reloc from s 4 A2007-3 amdt 3.543
    def vehicle reloc from s 4 A2007-3 amdt 3.543

5     Earlier republications

Some earlier republications were not numbered. The number in column 1 refers to the publication order.

Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.

Republication No	Amendments to	Republication date
1	A1999-79	30 April 2000
2	A2001-44	13 December 2001
3	A2005-19	26 August 2005
4	A2005-54	24 November 2005
5	A2005-54	25 November 2005
6	A2007-3	12 April 2007
7	A2007-8	10 November 2007
8	A2007-8	13 April 2008
9	A2009-20	22 September 2009

© Australian Capital Territory 2011

Australian Capital Territory

A1996-86

Republication No 10

Effective: 1 July 2011

Republication date: 1 July 2011

Last amendment made by A2011-22





Unauthorised version prepared by ACT Parliamentary Counsel's Office

About this republication

The republished law

This is a republication of the Uncollected Goods Act 1996

(including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 1 July 2011

. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 1 July 2011

.

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel's Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):

              • authorised republications to which the Legislation Act 2001 applies

              • unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication does not include amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.

Penalties

At the republication date, the value of a penalty unit for an offence against this law is $110 for an individual and $550 for a corporation (see Legislation Act 2001, s 133).

Australian Capital Territory

Uncollected Goods Act 1996

Endnotes

Australian Capital Territory

Uncollected Goods Act 1996