AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 (NO. 21 OF 2012) - SECT 61 Medium value uncollected goods

AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 (NO. 21 OF 2012) - SECT 61

    (1)     A receiver may dispose of medium value uncollected goods if—

        (a)     the receiver has given written notice of the receiver's intention to dispose of the goods to the following—

              (i)     the provider; and

              (ii)     in a case where the provider and the owner are different people and the receiver is aware of that fact, the owner of the goods; and

        (b)     28 days have elapsed since the giving of the notice and the provider has not taken delivery of the goods or given directions as to their delivery.

    (2)     A receiver may dispose of medium value uncollected goods if—

        (a)     the receiver cannot locate or communicate with the provider or the owner of the goods in order to provide written notice under subsection (1) after making reasonable attempts to do so; and

        (b)     90 days have elapsed since the goods became uncollected goods.

    (3)     Goods must be disposed of under this section by public auction or by private sale and with reasonable care to ensure that the goods are sold for the best price that can be reasonably obtained, having regard to the circumstances existing when the goods are sold.