AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 (NO. 21 OF 2012) - SECT 74 Records held by receiver

AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 (NO. 21 OF 2012) - SECT 74

    (1)     Within 7 days after disposing of uncollected goods under Division 2, the receiver must prepare a record of the following particulars—

        (a)     a description of the goods;

        (b)     if the goods were disposed of under section 60, 61, 62 or 65—

              (i)     the date and means of giving notice of intention to dispose of the goods; and

              (ii)     the name and address of any person to whom the notice was given;

        (c)     the date of disposal;

        (d)     the manner of disposal;

        (e)     if the goods were sold—

              (i)     the name and address of the purchaser;

              (ii)     the sale price;

              (iii)     the amount retained by the receiver to cover the relevant charge payable to the receiver for the goods;

              (iv)     the amount retained by the receiver to cover the disposal costs;

        (f)     if the goods were sold by public auction, the name and address of the principal place of business of the auctioneer who sold the goods;

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        (g)     if applicable, the amount of the balance of the proceeds of sale paid to the Registrar and the date of payment.

Penalty:     10 penalty units, in the case of a natural person;

50 penalty units, in the case of a body corporate.

    (2)     The receiver must—

        (a)     retain the record for 6 years from the date of disposal; and

        (b)     make the record available on request by any of the following—

              (i)     the provider;

              (ii)     the owner;

              (iii)     any other person claiming to have an interest in the goods.