Uncollected Goods Act 1995 Uncollected Goods Regulation 1996 (1996-89) [GG No 33 of 15.3.1996] (NSW)

1996—No. 89

UNCOLLECTED GOODS ACT 1995—REGULATION

(Uncollected Goods Regulation 1996)

NEW SOUTH WALES

[Published in Gazette No. 33 of 15 March 1996]

HIS Excellency the Governor, with the advice of the Executive Council, and in pursuance of the Uncollected Goods Act 1995, has been pleased to make the Regulation set forth hereunder.

J W Shaw

Attorney General.

Citation

1. This Regulation may be cited as the Uncollected Goods Regulation

1996.

Commencement

2. This Regulation commences on 15 March 1996.

Definition

3. In this Regulation:
“the Act” means the Uncollected Goods Act 1996.

Act not available as an alternative to certain Acts and instruments: sec 6

4. For the purposes of section 6 (2) of the Act, the following Acts are

prescribed:

Pawnbroker’s Act 1902
Residential Tenancies Act 1987
Retirement Villages Act 1989
Warehousemen’s Liens Act 1935

Applications to Local Court for orders for disposal of uncollected goods: sec 8

5. An application under section 8 (1) of the Act for an order authorising a bailee to dispose of uncollected goods must be made in form 1 set out in Schedule 1.

SCHEDULE 1—FORMS

Form 1

APPLICATION TO DISPOSE OF UNCOLLECTED GOODS

(Cl. 5)

(Uncollected Goods Act 1995, section 8)

APPLICANT/BAILEE Person with custody of the goods

Name

Address

RESPONDENT/BAILOR Person entitled to custody

Name

Address

RESPONDENT/THIRD PARTY/OWNER OF GOODS Any other

person(s) claiming an interest in the goods

Name

Address

The applicant makes application to the
Local Court at

1996—No. 89

for an order to dispose of the following uncollected goods (Describe

goods fully)

(In cases where the goods or part of the goods are a motor vehicle)
(delete if not required)

*I attach a certificate under section 3 1 from the Commissioner of Police that the motor vehicle is not stolen and a certificate under section 8 of the Registration of Interests in Goods Act 1986 in relation to that vehicle.

Applicant

Dated

Fees paid Amount Date Receipt Number

NOTICE OF LISTING

This application is listed before the Local Court at

PLACE

DAY AND DATE

TIME

If you do not attend on that day at that time the application may be dealt with in your absence.

Clerk of the Local Court
at
Dated

1996—No. 89

NOTES

TABLE OF PROVISIONS

1.       Citation

2.       Commencement

3.       Definition

4.        Act not available as an alternative to certain Acts and instruments: sec 6

5.        Applications to Local Court for orders for disposal of uncollected goods: sec 8

EXPLANATORY NOTE

Section 6 (1) of the Uncollected Goods Act 1995 provides that the Act is not
available as an alternative to any Act or instrument prescribed by the regulations. Clause

4 of this Regulation prescribes the following Acts for the purposes of that subsection:

Pawnbroker’s Act 1902

Residential Tenancies Act 1987

Retirement Villages Act 1989

Warehousemen’s Liens Act 1935

The Regulation also prescribes the manner in which an application may be made by a bailee to a Local Court for an order authorising the bailee to dispose of uncollected goods (clause 5).

Clauses 1–3 of the Regulation contain formal matters.

This Regulation is made under the Uncollected Goods Act 1995, including section 38

(the general regulation making power) and sections 6 and 8.

This Regulation comprises or relates to matters of a machinery nature.