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South Australians will now have a faster and simpler way to deal with abandoned vehicles, unwanted property and other goods that have been left in their possession.
Changes to the Unclaimed Goods Act 1987 came into effect this month, marking the first major reform of the state’s unclaimed goods laws in nearly four decades.
The laws apply in situations including when an item has been sold but is never collected, a vehicle is left at a mechanic, belongings are abandoned by a former housemate or employee, or someone agrees to look after goods that are never reclaimed.
Previously, people and businesses were generally required to hold unclaimed goods for at least three months, regardless of their value.
After that period, they could still be required to follow a lengthy process involving public auctions and newspaper advertisements before selling or disposing of the items.
Under the new system, the timeframe and disposal process will instead depend on the value and type of goods involved.
Goods worth a total of $200 or less can be kept or sold if they are not collected within 14 days of a disposal notice being issued.
For motor vehicles, the lower-value threshold is $1,000.
Goods valued between $200 and $20,000 can be sold through a private sale or public auction after 28 days, while a court order will be required before goods worth $20,000 or more can be sold.
Special rules will apply to items including rubbish, perishable goods, personal documents and motor vehicles.
The reforms also remove outdated requirements, including the need to advertise in a newspaper before disposing of some unclaimed property.
Acting Premier and Attorney-General Kyam Maher said the previous system could be unnecessarily difficult for people and businesses to navigate.
“Getting rid of abandoned, unclaimed or unwanted property that doesn’t belong to you, but is left with you, shouldn’t be a cumbersome or overly burdensome process,” Mr Maher said.
“These reforms deliver a simpler, clearer process for people and businesses to follow, while also safeguarding the rights of owners.”
The changes were developed following consultation with community members and industry groups, including the Motor Trade Association of South Australia and the Northern Territory.
MTA chief executive Darrell Jacobs said abandoned vehicles could take up valuable space in workshops and car parks.
“Workshop hoists and carparks shouldn’t be clogged with abandoned vehicles. It’s not fair to use automotive businesses as a free disposal service,” Mr Jacobs said.
“These new laws strike the right balance between fairness for motorists and red tape reduction for workshops across the state.”
For more info visit, https://www.agd.sa.gov.au/law-and-justice/legislation/unclaimed-goods-act-1987-reforms
