New South Wales Consolidated Acts

RETIREMENT VILLAGES ACT 1999 - SECT 147

147 Disposal of uncollected goods

(1) If a residence contract is terminated and goods are left on the residential premises concerned by the former resident, the operator of the retirement village may:

(a) apply to the Tribunal for an order under this section, or

(b) sell or dispose of the goods in accordance with the regulations.

(2) Before making such an application, or selling or disposing of the goods, the operator must, if he or she has a forwarding address for the former resident of the premises, send notice of his or her intention to the former resident (or to the executor or administrator of the estate of the former resident).

(3) The Tribunal may, on application by an operator under this section, make any one or more of the following orders (but only if it is satisfied that the operator has given, or was not able to give, the notice required by subsection (2)):

(a) an order authorising the removal, destruction or disposal of the goods,

(b) an order authorising the sale of the goods,

(c) an order as to the manner of the sale of the goods,

(d) an order as to the proceeds of the sale of the goods.

(4) A purchaser of goods sold by an operator in accordance with an order of the Tribunal or the regulations acquires a good title to the goods in defeasance of the interest of the former resident or any other person who has an interest in the goods.