If a business has disposed of uncollected goods or an uncollected vehicle without obtaining a court order, it must prepare a record within seven days of doing so.
This record must contain:
- a description of the goods or vehicle
- the date and method by which the business gave notice of intention to dispose of them
- the name and address of anyone the notice was given to
- the date of disposal
- the method of disposal - for example, private sale or public auction
- if the goods were sold, the:
- name and address of the buyer
- sale price
- amount retained to cover the relevant charge
- amount retained to cover the disposal costs
- if the goods were sold by public auction, the auctioneer’s name and principal business address
- if applicable, the amount from the sale proceeds paid to the Registrar of Unclaimed Money and the payment date.
The business must also:
- keep the record for six years from the date of disposal
- on request, make the record available to:
- the person who left the goods or vehicle
- the owner of the goods or vehicle (if this is not the same person who left them), and
- anyone else claiming to have a proprietary or security interest in the goods.
Penalties may apply if the business does not follow these requirements.
Disputes
If you are having a dispute with the store or seller about a problem with a product, view Resolve your problem or complaint.