Western Australian Consolidated Acts Western Australian Consolidated Acts (1) A person to whom
unsolicited goods are supplied by another person, in trade or commerce, is not
liable to make any payment for the goods and is not liable for the loss of or
damage to the goods other than loss or damage resulting from the doing of a
wilful and unlawful Act in relation to the goods during the period
specified in subsection (4).
(2) Subject to
subsection (3), where a person sends, in trade or commerce, unsolicited
goods to another person —
(a)
neither the person who sent the goods nor any person claiming under that
person is entitled after the expiration of the period specified in
subsection (4) to take action for the recovery of the goods from the
person to whom the goods were sent; 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 sent freed and discharged from
all liens and charges of any description.
(3)
Subsection (2) does not apply to or in relation to unsolicited goods sent
to a person if —
(a) the
person has at any time during the period specified in subsection (4)
unreasonably refused to permit the sender or the owner of the goods to take
possession of the goods;
(b) the
sender or the owner of the goods has within that 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 the person.
(4) The period
referred to in subsections (1), (2) and (3) is —
(a) if
the person who receives the unsolicited goods gives notice with respect to the
goods to the sender in accordance with subsection (5) —
(i)
the period of 1 month next following the day on
which the notice is given; or
(ii)
the period of 3 months next following the day on
which the person received the goods,
whichever first
expires; and
(b) in
any other case — the period of 3 months next following
the day on which the person received the goods.
(5) A notice referred
to in subsection (4) shall be in writing and shall —
(a)
state the name and address of the person who received the goods;
(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.