South Australian Consolidated Acts South Australian Consolidated Acts (1) Where a person
(the bailee) is in possession of goods belonging to another (the bailor),
those goods are unclaimed goods for the purposes of this Act—
(a) if
the bailee received the goods in pursuance of an agreement or understanding
under which the bailor was to collect the goods at a certain time or within a
certain period, and the bailor has failed to do so; or
(b)
if—
(i)
the bailee has the goods in pursuance of an agreement or
understanding under which the bailee was to deliver the goods to the bailor;
and
(ii)
the bailee, after making reasonable attempts to do so,
has not been able to deliver the goods in accordance with the agreement or
understanding; or
(c) if
there is no agreement or understanding governing the collection or delivery of
the goods but the bailee has requested the bailor to collect the goods and the
bailor has refused to do so or has, at the expiration of 42 days from the date
of the request, not done so.
(2) A request for the
purposes of subsection (1)(c)—
(a) must
state the address at which the goods are available for collection; and
(b) must
contain a brief description of the goods; and
(c) must
state the times at which, or the hours between which, the goods will be
available for collection at that address; and
(d) may
be made—
(i)
by post addressed to the last known address of the
bailor; or
(ii)
if the identity or whereabouts of the bailor is
unknown—by notice in the prescribed form published in a newspaper
circulating generally throughout the State.
(3) A request will not
be regarded as having been validly made for the purposes of
subsection (1)(c) unless it allows the bailor a reasonable opportunity to
collect the goods to which it relates.