Victorian Consolidated Legislation

Fair Trading Act 1999 - SECT 25

Liability of recipient of unsolicited goods

25. Liability of recipient of unsolicited goods



(1) A person to whom unsolicited goods are supplied in trade or commerce, is
not liable-

   (a)  to make any payment for the goods; or

   (b)  for loss or damage as a result of the supply of the goods other than
        loss or damage resulting from a wilful and unlawful act done by that
        person in relation to the goods during the period determined in
        accordance with subsection (4).

(2) Subject to subsection (3), if in trade or commerce, a person supplies
unsolicited goods to another person-

   (a)  neither the supplier nor any person claiming on behalf of the supplier
        is entitled after the expiration of the period determined in
        accordance with subsection (4) to take action for the recovery of the
        goods from the person to whom the goods were supplied; and

   (b)  upon the expiration of that period the goods become, by force of this
        section, the property of the person to whom the goods were supplied
        freed and discharged from all liens and charges of any description.

(3) Subsection (2) does not apply to or in relation to unsolicited goods
supplied to a person if-

   (a)  the person has at any time during the period determined in accordance
        with subsection (4) unreasonably refused to permit the supplier or the
        owner of the goods to take possession of the goods; or

   (b)  the supplier or the owner of the goods has within the period taken
        possession of the goods; or

   (c)  the goods were received by the person in circumstances in which the
        person knew, or might reasonably be expected to have known, that the
        goods were not intended for that person.

(4) For the purposes of subsections (1), (2) and (3) the period referred to in
those subsections is-

   (a)  if the person to whom the unsolicited goods were supplied gives notice
        with respect to the goods to the supplier in accordance with
        subsection (5)-

   (i)  the period of one month next following the day on which the notice is
        given; or

   (ii) the period of three months next following the day on which the goods
        were supplied to the person-

whichever first expires; or

   (b)  in any other case, the period of three months next following the day
        on which the goods were supplied to the person.

(5) A notice under subsection (4) must be in writing and must-

   (a)  state the name and address of the person to whom the goods were
        supplied; and

   (b)  state the address at which possession may be taken of the goods if it
        is an address other than that of the person; and

   (c)  contain a statement to the effect that the goods are unsolicited
        goods.