Disposal of Uncollected Goods Amendment Regulations 2017 (WA)

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9 June 2017 GOVERNMENT GAZETTE, WA 2849

Amendment Regulations 2017.

CONSUMER PROTECTION
(' P301
Disposal of Uncollected Goods Act 1970

Disposal of Uncollected Goods Amendment
Regulations 2017

Made by the Governor in Executive Council.
1. Citation
These regulations are the Disposal of Uncollected Goods

2850

GOVERNMENT GAZETTE, WA

9 June 2017

2. Commencement
These regulations come into operation as follows -

(a) regulations 1 and 2—on the day on which these
regulations are published in the Gazette;
(b) the rest of the regulations - on the day after that day.
3. Regulations amended

These regulations amend the Disposal of Uncollected Goods
Regulations 1971.
4. Regulation 3 amended
In regulation 3 delete "First Schedule." and insert:
Schedule 1.
5.            Regulation 4 amended
In regulation 4(1) delete "Second Schedule" and insert:
Schedule 2
6.            Regulation 6 amended
In regulation 6 delete "Clerk of the court" and insert:
Registrar
7.            First Schedule heading replaced

Delete the heading to the First Schedule and insert: Schedule 1
8.            Second Schedule heading replaced
Delete the heading to the Second Schedule and insert:

Schedule 2

9 June 2017 GOVERNMENT GAZETTE, WA 2851
9. Second Schedule amended

(1) In the Second Schedule delete Forms 1 to 10 and the references
before each form and insert:
1`01-1111

Disposal of Uncollected Goods Act 1970
s. 9(1)(a) or 12(1) or 19(2)(a) and 26(lXa), (2) and (3)
Notice under Part' that goods are ready for redelivery
To [name] of [address], Bailor

Notice 1. The following goods [give sufficient description of goods]
situated at [place] are now ready for redelivery for you.
2. The amount of $ [insert amount] is due by you for charges. This amount is calculated as follows: [insert details].
3. Unless you take redelivery of the goods or give directions for their redelivery, or give notice in writing to [insert name and address of the person, firm or company with whom the goods were bailed] (Bailee) that you dispute all or any of the

matters contained in this notice, the goods will be sold or
otherwise disposed of in accordance with the Act.

Signature of Bailee Date
Indicate under which Part of the Act the notice is issued.
Form 2

Disposal of Uncollected Goods Act 1970
s. 9(1)(b) or 12(1)(b) and (c) and 26(lXb), (2) and (4)
Notice under Part' of intention to sell or otherwise dispose of goods
To [name] of [address], Bailor

Notice

1.

You were given notice on [date] that the following goods [give sufficient description ofgoods] situated at [place] were ready for redelivery.

2.

The goods are *prescribed goods to which Part II of the Act applies/*goods to the value of $ [state estimated value of goods] to which Part III of the Act applies.

(* Delete as applicable)

3. It is intended to sell or dispose of the goods in accordance with the Act unless not more than 1 month from the date of giving of this notice you either -

(a)

take redelivery of the goods or give directions for their redelivery; or

(b)

give notice in writing to [insert name and address of person, firm or company with whom the goods were

bailed] (Bailee) that *you deny the goods are
prescribed goods/*you claim the goods exceed $3 500
in value.

(* Delete as applicable)

Signature of Bailee Date
Note: Copies of this notice must also be sent to the Commissioner of Police and to every other person (if any) whom the Bailee knows or claims to have an interest in the goods.
Indicate under which Part of the Act the notice is issued.

2852

GOVERNMENT GAZETTE, WA

9 June 2H 7

Form 3

Disposal of Uncollected Goods Act 1970
s. 17(1) and 26(1), (2) and (6)
Notice under Part V to treat dispute as determined
To [name] of [address], Bailor

Notice 1. With reference to the following goods [give sufficient
description ofgoods] a dispute arose on [date] between you
and the Bailee mentioned below, [give nature of dispute and
manner in which it arose].
2. The goods are available for redelivery to you at [address].
3. The goods will be sold or otherwise disposed of in
accordance with the Act unless not more than 1 month from
the date of the giving of this notice you either -

(a)

take redelivery of the goods or give directions for their redelivery; or

(b)

give notice in writing to [insert name and address of person, firm or company with whom the goods were bailed] (Bailee) that you object to this dispute being treated as determined.

Signature of Bailee Date

Form 4

Disposal of Uncollected Goods Act 1970
s. 19(1), (2)(b) and (c) and 26(1)(c), (2) and (5)
Notice under Part VI of intention to apply to Court for order to sell or
otherwise dispose of goods valued in excess of $3 500
To [name] of [address], Bailor

Notice 1. You were given notice on [date] that the following goods
[give sufficient description ofgoods] situated at [place] were
ready for redelivery.
2. *A dispute relating to the goods was determined on [date] in the following manner [give full details].

(* Delete if there was no dispute)
3. Unless not more than 1 month after the date of the giving of

person, firm or company with whom the goods were bailed]
this notice you either take redelivery of the goods or give directions for their redelivery, [insert name and address of
(Bailee) intends making an application to the Court for an
order to sell or otherwise dispose of them in accordance with
the Act.

Signature of Bailee Date
Note: Copies of this notice must also be sent to the Commissioner of Police and to every other person (if any) whom the Bailee knows has or claims to have an interest in the goods.

9 June 2017 GOVERNMENT GAZETTE, WA 2853
Form 5

Disposal of Uncollected Goods Act 1970
s. 20(a), 2 1(b) and (c) and 26(1)(c), (2) and (5)
Notice under Part VII of intention to apply to Court for order to dispose of goods in possession otherwise than under bailment in course of business where s. 20(a) applies

To The Commissioner of Police

and [name]
To

Notice 1. The following goods [give sufficient description of goods]
came into possession of [name] of [address] in the following
circumstances [give full details12.
2. It is intended to make an application to the Court for an order to sell or otherwise dispose of them in accordance with the Act.

Signature of Date
person in
possession of
goods
Copies of this notice must also be sent to every other person (if any) whom the person in possession knows has or claims to have an interest in the goods.
2
Include any information known to the person in possession concerning the identity or whereabouts of the person through whom the person came into such possession.
Form 6

Disposal of Uncollected Goods Act 1970 s. 20(b), 21 and 26(l)(c), (2) and (5)
Notice under Part VII of intention to apply to Court to dispose of goods in possession otherwise than under bailment in course of business where s. 20(b) applies
To [name] of [address] (Person through whom possession was acquired).

Notice I. On [date], at [place] the following goods [give sufficient
description ofgoods] now situated at [place] came, through
you, into possession of [insert name and address ofperson in

full details]. possession ofgoods] under the following circumstances [give
2. Unless not more than I month from the date of the giving of this notice you relieve the abovementioned person of the goods, I intend to make an application to the Court for an order to sell or otherwise dispose of them in accordance with the Act.

Signature of ftiic

possession of
goods

person in every other person (if any) the person in possession knows or claims to have an interest in the goods.

2854

GOVERNMENT GAZETTE, WA

9 June 2H 7

Form 7

Magistrates Court of Western Australia (Civil jurisdiction)

Disposal of Uncollected Goods Act 1970 Magistrates Court at [place]
S. 17(3) No:
Application tinder Part V for summary
determination of dispute
Between

Applicant Full name
Address
Postcode
Telephone
Email address

and

Respondent Full name
Address
Postcode
Telephone
Email address

Application

1. On [date], at [place] a dispute arose between the applicant and the respondent concerning goods in the possession of [insert name of applicant or respondent, as case may be] in
the following circumstances [give full details].
2. The applicant applies for the summary determination of that dispute.

Signature of Date
applicant or lawyer
This application will be heard in the Magistrates Court at [p/ace] at [time] on [date].
Registrar

To The Respondent

and To [name]
If you do not attend either in person or by your counsel or solicitor at the time and place fixed above for the hearing of this application the Court may make orders in

your absence.
A copy of this application must be served on the respondent and any other person appearing to be affected by the application.

Form 8

Magistrates Court of Western Australia (Civil jurisdiction)

Disposal of Uncollected Goods Act 1970 Magistrates Court at [place]
S. 19(1) No:

Application under Part VI for order to sell or otherwise dispose of goods valued in excess of $3 500

9 June 2017 GOVERNMENT GAZETTE, WA 2855
Between

Applicant Full name
Address
Postcode
Telephone
Email address

and

Respondent Full name
Address
Postcode
Telephone
Email address

Application 1. On [date] at [place], the respondent entrusted to the applicant
the following [give sufficient description of goods].
2.    The value of the goods exceeds $3 500.
3.   The goods are ready for redelivery to the respondent who has failed to take delivery of them or to give directions for their redelivery despite notice to do so.
4.    The applicant applies for an order to sell or otherwise dispose of the goods in accordance with the Act.

Signature of Date
applicant or lawyer
This application will be heard in the Magistrates Court at [place] at [time] on [date].
Registrar

To The Respondent

and To' [name]
If you do not attend either in person or by your counsel or solicitor at the time and place fixed above for the hearing of this application the Court may make orders in your absence.
A copy of this application must be served on the respondent and any other person appearing to be affected by the application.
Form 9

Magistrates Court of Western Australia (Civil jurisdiction)

Disposal of Uncollected Goods Act 1970 Magistrates Court at [place]
s. 20(a) No:

Application under Part VII for order to dispose of goods in possession otherwise than under bailment in course of
business where s. 20(a) applies
In the matter of an application to dispose of goods under s. 20(a) of the Act

Applicant Full name
Address
Postcode

T'e Ic p ho i
[mail address

2856

GOVERNMENT GAZETTE, WA

9 June 2017

Application I. On [date] at [place] the applicant came into possession of the
following goods [give sufficient description ofgoods] in the
following circumstances [give full details].

2.

The applicant is unaware of the identity or whereabouts of the person through whom the applicant came into possession of the goods.

3.

The applicant applies for an order to sell or otherwise dispose of the goods in accordance with the Act.

Signature of Date
applicant or lawyer place fixed above for the hearing of this application the Court may make orders in your absence.
Note: It is not intended to serve this application on any person other than':
This application will be heard in the Magistrates Court at [place] at [time] on [date].
Registrar
To'
A copy of this application must be served on any person appearing to be affected by the application.

Form 10

Magistrates Court of Western Australia (Civil jurisdiction)

Disposal of Uncollected Goods Act 1970 Magistrates Court at [place]
s. 20(b) No:

Application under Part VII for order to dispose of goods in possession otherwise than under bailment in course of
business where s. 20(b) applies
Between

Applicant Full name
Address
Postcode
Telephone

Email address

and

Respondent Full name
Address
Postcode
Telephone
Email address

Application

1. On [date] at [place], the applicant came into possession of the following goods [give sufficient description of goods] through the respondent, under the following circumstances
[give full details].
2. The respondent has failed to relieve the applicant of the possession of the goods despite notice to do so.
3. The applicant applies for an order to sell or otherwise dispose of the goods in accordance with the Act.

9 June 2017 GOVERNMENT GAZETTE, WA 2857

Signature of Date
applicant or lawyer
This application will be heard in the Magistrates Court at [place] at [time] on [date].
Registrar

To The Respondent

and To' [name]
If you do not attend either in person or by your counsel or solicitor at the time and place fixed above for the hearing of this application the Court may make orders in your absence.
A copy of this application must be served on the respondent and any other person appearing to be affected by the application.

(2) Delete Second Schedule Form 11 and the reference before that
form.
(3) Delete Second Schedule Forms 12 to 14 and the references
before each form and insert:
Form 12

Magistrates Court of Western Australia (Civil jurisdiction)

Disposal of Uncollected Goods Act 1970 S. 27 Magistrates Court at [p/ace]
Certificate as to making and contents of No:
order under Act
Between'

Applicant Full name
Address
Postcode
Tcicplioiic
EiiaiI address

and'

Respondent' Full name

Address
Postcode

Telephone
Email address

Certificate I certify that at a sitting of the [place] Magistrates Court, held at
[place] on the [date], the Court heard and determined the
application of [name] for [give details] and made the following
order [give details].
Registrar
Delete if application under s. 20(a).
Form 13

Disposal of Uncollected Goods Act 1970 s. 14(4)
Record of goods disposed of not under Court order
Name of Bailee Name of Bailor

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GOVERNMENT GAZETTE, WA

9 June 2017

Description of goods
How disposed of
Date and place of
disposal
Name and address of
Person who
conducted sale; or
2. Donee; or

3. Person who destroyed
goods
Where goods sold

Gross proceeds of sale
Specification of each
item of Bailee's charges
Total amount of charges
paid to Bailor
Balance standing to
Bailor's credit

Form 14

Disposal of Uncollected Goods Act 1970 s.25(2)
Record of goods disposed of under Court order
Name of Bailee
Name of Bailor
Description of goods
Date and Ref. No. of
Court order and name of
parties
How disposed of
Date and place of
disposal
Name and address of

Person who
conducted sale; or
2. Donee; or

3. Person who destroyed
goods
Where goods sold

Gross proceeds of sale
Details of Bailee's
charges approved by
Court under s. 22(2)
of Act
Details of subsidiary
charges levied in
accordance with s. 24
of Act

9 June 2017 GOVERNMENT GAZETTE, WA 2859
Details of costs referred
to in S. 25(l)(c) and
awarded to Bailee
Balance standing to
Bailor's or Owner's
credit
K. H. ANDREWS, Clerk of the Executive Council.

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Disposal of Uncollected Goods Amendment Regulations 2017 (WA)

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(a)	regulations 1 and 2—on the day on which these regulations are published in the Gazette;
(b)	the rest of the regulations - on the day after that day.

These regulations amend the Disposal of Uncollected Goods Regulations 1971.
4.	Regulation 3 amended In regulation 3 delete "First Schedule." and insert:

Notice	1.	You were given notice on [date] that the following goods [give sufficient description ofgoods] situated at [place] were ready for redelivery.
2.	The goods are prescribed goods to which Part II of the Act applies/goods to the value of $ [state estimated value of goods] to which Part III of the Act applies.

Signature of	ftiic
possession of goods	person in every other person (if any) the person in possession knows or claims to have an interest in the goods.

Disposal of Uncollected Goods Act 1970	Magistrates Court at [place]
S. 17(3)	No:
Application tinder Part V for summary
determination of dispute
Between
Applicant	Full name Address

Disposal of Uncollected Goods Act 1970	Magistrates Court at [place]
S. 19(1)	No:
Application under Part VI for order to sell or otherwise dispose of goods valued in excess of $3 500

Magistrates Court of Western Australia (Civil jurisdiction)
Disposal of Uncollected Goods Act 1970	Magistrates Court at [place]
s. 20(a)	No:
Application under Part VII for order to dispose of goods in possession otherwise than under bailment in course of
business where s. 20(a) applies

Application	I.	On [date] at [place] the applicant came into possession of the following goods [give sufficient description ofgoods] in the following circumstances [give full details].
2.	The applicant is unaware of the identity or whereabouts of the person through whom the applicant came into possession of the goods.
3.	The applicant applies for an order to sell or otherwise dispose of the goods in accordance with the Act.

Disposal of Uncollected Goods Act 1970	Magistrates Court at [place]
s. 20(b)	No:
Application under Part VII for order to dispose of goods in possession otherwise than under bailment in course of
business where s. 20(b) applies
Between
Applicant	Full name Address

(2)	Delete Second Schedule Form 11 and the reference before that form.
(3)	Delete Second Schedule Forms 12 to 14 and the references before each form and insert:

Disposal of Uncollected Goods Act 1970 S. 27	Magistrates Court at [p/ace]
Certificate as to making and contents of	No:
order under Act
Between'
Applicant	Full name Address

Certificate	I certify that at a sitting of the [place] Magistrates Court, held at [place] on the [date], the Court heard and determined the application of [name] for [give details] and made the following order [give details].
Registrar