Uncollected Goods Regulation 2001 (NSW)

Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Uncollected Goods Act 1995.

Attorney General

1Name of Regulation

This Regulation is the Uncollected Goods Regulation 2001.

2Commencement

This Regulation commences on 1 September 2001.

Note—

This Regulation replaces the Uncollected Goods Regulation 1996 which is repealed on 1 September 2001 under section 10 (2) of the Subordinate Legislation Act 1989.

3Definition

In this Regulation:

the Act means the Uncollected Goods Act 1995.

4Notes

The explanatory note, table of contents and notes in the text of this Regulation do not form part of this Regulation.

5Act not available as an alternative to certain Acts and instruments: section 6

For the purposes of section 6 (2) of the Act, the following Acts are prescribed:

• •

  Passenger Transport Act 1990

• •

  Residential Parks Act 1998

• •

  Residential Tenancies Act 1987

• •

  Retirement Villages Act 1999

• •

  Transport Administration Act 1988

• •

  Warehousemen’s Liens Act 1935

6Applications to Local Court for orders for disposal of uncollected goods: section 8

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.

7Saving

Any act, matter or thing that had effect under the Uncollected Goods Regulation 1996 immediately before the repeal of that Regulation is taken to have effect under this Regulation.

Schedule 1Forms

(Clause 6)

Form 1Application to dispose of uncollected goods(Uncollected Goods Act 1995, section 8)

Applicant/BaileePerson with custody of the goods

Name

Address

Respondent/BailorPerson entitled to custody of the goods

Name

Address

Respondent/Third Party/Owner of GoodsAny other person(s) claiming an interest in the goods

Name

Address

The applicant makes application to the

Local Court at

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 applicable:

• •

  I attach a certificate under section 31 of the Uncollected Goods Act 1995 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’s signature

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