AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 (NO. 21 OF 2012) - SECT 56 Application
AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 (NO. 21 OF 2012) - SECT 56
Application(1) This Part applies to the possession of goods under a bailment regardless of whether possession was taken before or after the commencement of this Part.
(2) This Part does not apply to—
(a) goods left behind at the end of a tenancy to which the Residential Tenancies Act 1997 applies;
(b) unsolicited goods;
(c) second-hand goods received in pawn under the Second-Hand Dealers and Pawnbrokers Act 1989 ;
(d) any unclaimed goods to which section 122 of the Police Regulation Act 1958 applies;
(e) any unclaimed non-monetary prize to which section 7.4.12 of the Gambling Regulation Act 2003 applies;
(f) any goods or lost property within the meaning of section 251A of the Transport (Compliance and Miscellaneous) Act 1983 ;
(g) any vehicle that is able to be moved or impounded under clause 4 of Schedule 4 to the Road Management Act 2004 ;
(h) any goods that are the subject
of an order for forfeiture to which section 134 of the
Petroleum (Submerged Lands) Act 1982 applies;
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(i) any goods seized to which section 171 of the Gene Technology Act 2001 applies;
(j) any motor vehicle not collected or released to which section 84Z of the Road Safety Act 1986 applies;
(k) any unclaimed property to which section 16 of the National Gallery of Victoria Act 1966 applies;
(l) any unclaimed property to which section 51 of the Libraries Act 1988 applies;
(m) any unclaimed property to which section 25 of the Museums Act 1983 applies;
(n) any goods forfeited or recovered by the Magistrates' Court of Victoria to which section 137 of the Magistrates' Court Act 1989 applies;
(o) uncollected goods under any other Act that is prescribed for the purposes of this paragraph.
(3) Subject to the exclusions in subsection (2), this Part applies in addition to any other remedy or right that may be available to dispose of uncollected goods under any other Act.
(4) This Part applies to the disposal of uncollected goods—
(a) if there is no agreement between the provider and the receiver about their disposal; or
(b) if there is an agreement about their disposal, only in respect of matters not dealt with by the agreement.
(5) This Part does not apply to a lease or other agreement to which Part IVA of the Landlord and Tenant Act 1958 applied immediately before the commencement of section 236 of this Act.
(6) For the avoidance of doubt, this Part does not affect the right of a provider and receiver to make an agreement about the disposal of uncollected goods.