Proposed amendments to the Unclaimed Goods Act 1987

On 21 August 2025, the Unclaimed Goods (Miscellaneous) Amendment Bill 2025 (Bill) was introduced into parliament (and is available to view here). The amendments proposed in the Bill are intended to modernise and ease the regulatory burdens which currently exist under the Unclaimed Goods Act 1987 (SA) (Act). The most significant changes, which will impact on how councils dispose of unclaimed goods, are considered below.

Scale thresholds increased

The requirements for the sale and disposal of unclaimed goods under the Act is determined in part by their value, according to which the goods are divided into three ‘scales’. The Bill provides that the value of unclaimed goods is to be determined by their cumulative value, increases scale thresholds and sets separate scale thresholds where the unclaimed goods include a motor vehicle(s). A comparison between the existing and proposed ‘scales’ is set out below:

Shortened holding periods

For councils, often goods only constitute ‘unclaimed goods’ within the meaning of the Act after a 42-day period has elapsed from a request having been made of the owner to collect the goods. Under the Bill this period would be shortened to 14 days after notice has been given to the provider (whether or not the owner) or nil days where the recipient of the goods has made reasonable but unsuccessful attempts to obtain contact details for the provider or owner of the goods.

Pursuant to the Act unclaimed goods must not, other than by court order, be sold or disposed of earlier than three months after they become unclaimed goods (irrespective of which ‘scale’ the goods fall into). Under the Bill the period would be shortened to the following:

In addition to the above holding periods, additional notice requirements are provided for under the Bill for particular kinds of unclaimed goods.

Specific provisions for particular types of unclaimed goods

Rubbish

Pursuant to amendments proposed in the Bill, unclaimed goods that are rubbish will be able to be disposed of in any manner on or after the day on which the goods become unclaimed goods for the purposes of the Act.

Personal documents

The Bill provides that unclaimed goods which are ‘personal documents’ must not be sold and, following a prescribed holding period, may only be disposed of in a manner that protects the security of the documents and any person any information which they contain.

‘Personal documents’ is defined within the Bill and includes birth certificates, passports, other identity documents, documents containing personal or medical information, a personal photograph.

Motor vehicles

In relation to motor vehicles, within the meaning of the Personal Property Securities Act 2009 (Cth), the Bill requires that prior to their sale or vesting a search of the PPS Register must be undertaken, notice given to each person with a registered interest in the motor vehicle and a prescribed period to have elapsed from the giving of the notice.

Takeaways

The amendments proposed by the Bill would make significant changes to the requirements councils must comply with in disposing of unclaimed goods. Although the introduction of differing requirements for particular kinds of goods introduces an additional degree of complexity, the increased scale thresholds and shortened holding periods mean that the Bill presents on the whole significant advantages for councils.

However, neither the Act nor the Bill affect the rights of a bailee/recipient of unclaimed goods to dispose of those goods in accordance with any other Act, such as the removal of vehicles pursuant to section 237 of the Local Government Act 1999 (SA).

For more specific information on any of the material contained in this article please contact Paul Kelly on +61 421 098 717 or pkelly@normans.com.au, Dale Mazzachi on +61 427 380 776 or dmazzachi@normans.com.au, Gavin Leydon on +61 419 869 439 or gleydon@normans.com.au, Aden Miegel on +61 428 467 736 or amiegel@normans.com.au.