Uncollected Goods Act 1995 UNCOLLECTED GOODS REGULATION 2001 - Made under the Uncollected Goods Act 1995 - As at 1 September 2006 - Reg 287 of 2001 TABLE OF PROVISIONS TABLE OF PROVISIONS 1. Name of Regulation 2. Commencement 3. Definition 4. Notes 5. Act not available as an alternative to certain Acts and instruments: section 6 6. Applications to Local Court for orders for disposal of uncollected goods: section 8 7. Saving SCHEDULE 1 UNCOLLECTED GOODS REGULATION 2001 - REG 1 Name of Regulation 1 Name of Regulation This Regulation is the Uncollected Goods Regulation 2001. UNCOLLECTED GOODS REGULATION 2001 - REG 2 Commencement 2 Commencement This Regulation commences on 1 September 2001. Note: This Regulation replaces the Uncollected Goods Regulation 1996 which is repealed on 1 September 2001 under section 10 (2) of the Subordinate Legislation Act 1989. UNCOLLECTED GOODS REGULATION 2001 - REG 3 Definition 3 Definition In this Regulation: "the Act" means the Uncollected Goods Act 1995. UNCOLLECTED GOODS REGULATION 2001 - REG 4 Notes 4 Notes The explanatory note, table of contents and notes in the text of this Regulation do not form part of this Regulation. UNCOLLECTED GOODS REGULATION 2001 - REG 5 Act not available as an alternative to certain Acts and instruments: section 6 5 Act not available as an alternative to certain Acts and instruments: section 6 For the purposes of section 6 (2) of the Act, the following Acts are prescribed: Passenger Transport Act 1990 Residential Parks Act 1998 Residential Tenancies Act 1987 Retirement Villages Act 1999 Transport Administration Act 1988 Warehousemen’s Liens Act 1935 UNCOLLECTED GOODS REGULATION 2001 - REG 6 Applications to Local Court for orders for disposal of uncollected goods: section 8 6 Applications to Local Court for orders for disposal of uncollected goods: section 8 An application under section 8 (1) of the Act for an order authorising a bailee to dispose of uncollected goods must be made in Form 1 set out in Schedule 1. UNCOLLECTED GOODS REGULATION 2001 - REG 7 Saving 7 Saving Any act, matter or thing that had effect under the Uncollected Goods Regulation 1996 immediately before the repeal of that Regulation is taken to have effect under this Regulation. UNCOLLECTED GOODS REGULATION 2001 - SCHEDULE 1 SCHEDULE 1 – Forms (Clause 6) Form 1 - Application to dispose of uncollected goods Application to dispose of uncollected goods (Uncollected Goods Act 1995, section 8) Applicant/Bailee Person with custody of the goods Name Address Respondent/Bailor Person entitled to custody of the goods Name Address Respondent/Third Party/Owner of Goods Any other person(s) claiming an interest in the goods Name Address The applicant makes application to the Local Court at for an order to dispose of the following uncollected goods (Describe goods fully): In cases where the goods or part of the goods are a motor vehicle—delete if not applicable: I attach a certificate under section 31 of the Uncollected Goods Act 1995 from the Commissioner of Police that the motor vehicle is not stolen and a certificate under section 8 of the Registration of Interests in Goods Act 1986 in relation to that vehicle. Applicant’s signature Dated ____________________________________ |____________________________________| Application to dispose of uncollected goods Notice of Listing This application is listed before the Local Court at Place Day and Date Time If you do not attend on that day at that time the application may be dealt with in your absence. Clerk of the Local Court at Dated UNCOLLECTED GOODS REGULATION 2001 - NOTES Note: The Regulation was repealed by sec 10 (2) of the Subordinate Legislation Act 1989 No 146 with effect from 1.9.2006. UNCOLLECTED GOODS REGULATION 2001 - NOTES Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Uncollected Goods Act 1995. Attorney General UNCOLLECTED GOODS REGULATION 2001 - NOTES Explanatory note The object of this Regulation is to replace, without substantial amendment, the Uncollected Goods Regulation 1996. That Regulation will be repealed on 1 September 2001 under section 10 (2) of the Subordinate Legislation Act 1989. Section 6 (2) of the Uncollected Goods Act 1995 provides that the Act is available as an alternative to other statutory means of disposal of particular uncollected goods except for the Acts specified in the subsection and any other Act or instrument prescribed by the regulations. Clause 5 of this Regulation prescribes certain Acts for the purposes of that subsection. This Regulation also prescribes the manner in which an application may be made by a bailee to a Local Court for an order authorising the bailee to dispose of uncollected goods (clause 6). Clauses 1–4 of this Regulation contain formal matters. This Regulation is made under the Uncollected Goods Act 1995 and, in particular, under sections 6 (When Act available for disposal of uncollected goods), 8 (Applications to Local Court for orders for disposal of uncollected goods) and 38 (the general regulation-making power). This Regulation comprises or relates to matters of a machinery nature. UNCOLLECTED GOODS REGULATION 2001 - NOTES Historical notes The following abbreviations are used in the Historical notes: ______________________________________________________________ |______________________________________________________________| |______________________________________________________________| |______________________________________________________________| |______________________________________________________________| |______________________________________________________________| |______________________________________________________________| |______________________________________________________________| Table of amending instrumentsUncollected Goods Regulation 2001 published in Gazette No 78 of 4.5.2001, p 2119.