DISPOSAL OF UNCOLLECTED GOODS ACT 1967 - SECT 8 Special provisions applicable to certain cases of goods accepted before the commencement of this Act

DISPOSAL OF UNCOLLECTED GOODS ACT 1967 - SECT 8

8 Special provisions applicable to certain cases of goods accepted before the commencement of this Act

(1) Where the bailee of the goods accepted before the commencement of this Act for inspection, custody, storage, repair or other treatment does not at the commencement of this Act know any address of the bailor, the bailee shall not be disentitled to sell the goods by reason only that section 6 (1) (b) and (d) are not complied with, if the following conditions are complied with—

(a) within the period of 1 month beginning with the commencement of this Act, the bailee causes to be published—

(i) in a newspaper published in Brisbane and circulating throughout the State; and

(ii) in a newspaper (if any) published in the district in which are situated the premises where the goods were accepted for inspection, custody, storage, repair or other treatment; and

(iii) where the goods are a motor vehicle—in the gazette;

a notice complying with the requirements of subsection (3) ;

(b) at all premises used or appropriated by the bailee after the commencement of this Act for accepting for inspection, custody, storage, repair or other treatment, goods of the class to which the goods so accepted belong, there is, throughout the period of 6 months immediately following the said period of 1 month or throughout that portion of the said period of 6 months during which the premises are so used or appropriated, conspicuously displayed in the part of the premises so used or appropriated a notice indicating that in the case of goods of that class accepted before the commencement of this Act for inspection, custody, storage, repair or other treatment this Act confers on the bailee a right of sale exercisable in certain circumstances after an interval of not less than 7 months from the commencement of this Act;

(c) the goods are not sold before the expiration of the period of 7 months beginning with the commencement of this Act.

(2) Where goods are sold by virtue of the fact that subsection (1) has been complied with, this Act shall have effect in relation to the goods subject to the following modifications—

(a) for any reference in section 9 (3) to a copy of the notice of the bailee’s intention to sell the goods there shall be substituted a reference to a statement—

(i) of the name and issue of the newspaper in which the notice under subsection (1) (a) (i) was published; and

(ii) of the name and issue of the newspaper in which the notice (if any) under subsection (1)(a)(ii) was published; and

(iii) where the notice was also published in the gazette—of the date and number of that gazette;

(b) for the reference in section 3 (4) (b) (i) to the giving of the notice that the goods are ready for re-delivery, there shall be substituted a reference to the publication of the notice under subsection (1) (a) or where more than 1 such notice is published the first of such notices.

(3) A notice under subsection (1) (a) in relation to any goods must contain—

(a) a sufficient description of the class to which the goods belong or, where the goods are a motor vehicle—the particulars of that vehicle referred to in section 19 (1) and (1A) ; and

(b) the name under which the bailee carries on the business consisting of or comprising acceptance of goods of that class for inspection, custody, storage, repair or other treatment and the address of the bailee’s principal place of business or, where the bailee is a company, the registered office of the company, and if the name or the address has changed during the 6 months immediately preceding the date of the publication of the notice, the last such name, or, as the case may be, the last such address preceding the change thereof; and

(c) a statement that if the bailor of the goods fails within the period of 7 months beginning with the commencement of this Act to pay the sum which the bailee claims to be due to the bailee by way of the bailee’s charges in relation to the goods or, having paid that sum, to take delivery of the goods or give directions as to their delivery they are liable to be sold under this Act.

(4) Where the bailee of goods accepted before the commencement of this Act for inspection, custody, storage, repair or other treatment does not at the commencement of this Act know any address of the bailor and at any time during the period of 7 months beginning with the commencement of this Act a dispute arises between the bailor and the bailee by reason of either or both of the grounds mentioned in section 7 (1) , subsections (1) to (3) shall not apply in relation to the goods, but sections 1 to 7 shall apply in relation thereto as they apply in a case where a dispute arises between the bailor and the bailee before the giving of the notice of the bailee’s intention to sell the goods or to make an application for an order under part 3 to sell the goods.