Tuesday, 20 June 2017 12:54

Consumer Protection has announced changes to the Disposal of Uncollected Goods Act which are an excellent first step in achieving the changes that the MTA WA have been advocating for.  We've been working closely with the Department with the proposed changes to the Act and we look forward to some very positive outcomes in the second stage of the review.  This is a key achievement from the MTA WA's 2016/17 Policy Agenda which has been achieved through collaboaration and strong working relationships with government agencies.

Below is the announcement from the Department:

What happens when a customer fails to return to collect their goods?

Western Australian businesses left holding uncollected items, which they don’t want taking up valuable storage space, have to take certain steps before they can dispose of the goods. This procedure, which can involve an application to the courts depending on the value of the goods, may seem unnecessary or difficult but it’s the law. We need to remember that it is actually someone else’s property.

Having to follow the disposal of uncollected goods process is known to be an issue for WA’s motor vehicle repairers, who are often left with unclaimed low-value cars only fit for wrecking or parts.

Another example relevant to the automotive industry is when a towing business picks up a damaged vehicle but is not told by the owner what to do with it.

Up until recently, under WA’s Disposal of Uncollected Goods Act, the requirement to get permission from the court, applied to any item worth more than $300. However, in the biggest change to this law, since its inception in 1970, this value threshold has increased to $3,500.

The amendment, which commenced on Monday 12 June 2017, will save businesses time, money and hassle.

So from now on, if a vehicle (or any item) worth less than $3,500 is not claimed or collected by a customer and the customer cannot be contacted, there is no need to submit a court application for permission to get rid of it; although you still have to try to notify the owner. But if you want to dispose of goods valued at more than $3,500, you will need to make an application to the court. This is a legal requirement.

Summary

For disposal of uncollected goods, a court application is only required for items valued at more than $3,500.   Prior to 12 June 2017 the threshold value was $300.

There’s more good news. Consumer Protection is undertaking a review of the Disposal of Uncollected Goods Act 1970 to see whether there are other ways to modernise the rules and improve processes.

More Information

MTA WA has updated all forms and the Disposal of Uncollected Goods Kit.  Please contact us on 9233 9800 or email This email address is being protected from spambots. You need JavaScript enabled to view it. for more information.

MTAWA is proudly supported by

Search

Navigation