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TRADE PRACTICES ACT 1974 No. 51, 1974 - SECT 65 Liability of recipient of unsolicited goods.

TRADE PRACTICES ACT 1974 No. 51, 1974 - SECT 65

Liability of recipient of unsolicited goods.
65. (1) A person to whom unsolicited goods are supplied by a corporation, in
trade or commerce, is not liable to make any payment for the goods and is not
liable for the loss of or damage to the goods other than loss or damage
resulting from the doing by him of a wilful and unlawful act in relation to
the goods during the period specified in sub-section (4).

(2) Subject to sub-section (3), where, on or after the commencing date, a
corporation sends, in trade or commerce, unsolicited goods to a person-

   (a)  neither the corporation nor any person claiming under the corporation
        is entitled after the expiration of the period specified in
        sub-section (4) to take action for the recovery of the goods from the
        person to whom the goods were sent; and

   (b)  upon the expiration of that period the goods become, by force of this
        section, the property of the person to whom the goods were sent freed
        and discharged from all liens and charges of any description.

(3) Sub-section (2) does not apply to or in relation to unsolicited goods sent
to a person if-

   (a)  the person has at any time during the period specified in sub-section
        (4) unreasonably refused to permit the sender or the owner of the
        goods to take possession of the goods;

   (b)  the sender or the owner of the goods has within that period taken
        possession of the goods; or

   (c)  the goods were received by the person in circumstances in which the
        person knew, or might reasonably be expected to have known, that the
        goods were not intended for him.

(4) The period referred to in the foregoing sub-sections is-

   (a)  if the person who receives the unsolicited goods gives notice with
        respect to the goods to the sender in accordance with sub-section (5)-

        (i)    the period of 1 month next following the day on which the
               notice is given; or

        (ii)   the period of 3 months next following the day on which the
               person received the goods,

whichever first expires; and

   (b)  in any other case-the period of 3 months next following the day on
        which the person received the goods.

(5) A notice under sub-section (4) shall be in writing and shall-

   (a)  state the name and address of the person who received the goods;

   (b)  state the address at which possession may be taken of the goods if it
        is an address other than that of the person; and

   (c)  contain a statement to the effect that the goods are unsolicited
        goods.

(6) This section does not apply in relation to a person who receives
unsolicited goods if the person ordinarily uses like goods in the course of
his profession, business, trade or occupation.