South Australian Consolidated Acts South Australian Consolidated Acts6—Sale or disposal of unclaimed goods
(1) Subject to this
section, a bailee of unclaimed goods may, after the expiration of three months
from the relevant date—
(a) sell
the goods; or
(b) if
the value of the goods would be insufficient to defray the costs of
sale—otherwise dispose of the goods.
(2) The sale or
disposal of goods under subsection (1) may be authorised, on the
application of the bailee, by the Court and, if the value of the goods lies
within scale 3, the goods must not be sold or disposed of without such an
authorisation.
(3) Where a bailee
applies for an authorisation under subsection (2)—
(a)
notice of the application must be given to the Commissioner of Police; and
(b) such
notice (if any) as the Court thinks appropriate must be given to the bailor
and any other person who, in the opinion of the Court, may have an interest in
the goods.
(4) Where the Court
grants an authorisation under subsection (2), it may give such directions
in relation to the sale or disposal of the goods as it thinks fit.
(5) If the value of
unclaimed goods lies within scale 1 or 2 the goods may be sold or disposed of
under subsection (1) without any authorisation by the Court but if goods
whose value lies within scale 2 are to be sold without such an
authorisation—
(a) the
goods must be sold by public auction; and
(b)
notice in the prescribed form of the time and place of the proposed sale must
be given at least one month before the date of the proposed sale—
(i)
to the Commissioner of Police; and
(ii)
to the bailor.
(6) A notice under
subsection (5)(b) may be given by post and, if the identity or
whereabouts of the bailor is unknown, the notice to the bailor may be given by
advertisement in a newspaper circulating generally throughout the State.