Reform to South Australia’s unclaimed goods laws is edging closer, with Parliament expected to pass changes that update a system untouched for almost forty years. The aim is simple: make it easier for people and businesses to deal with property that has been abandoned and cut back on processes that have outlived their purpose.
The current Act forces anyone holding unclaimed items to wait three months before they can take the next step. Once that waiting period ends, they must work through a rigid path that varies according to the value of the goods, often involving public auctions or newspaper notices. For many, the burden outweighs the value of the items involved. The classic example is a mechanic left with a car that the owner decides is not worth repairing, leaving the business stuck with storage, responsibility and cost.
Under the new Bill, the government plans to raise the value thresholds that determine how goods can be dealt with and shorten waiting times. A range of old rules, including the requirement to advertise in print before disposing of unclaimed goods, will be scrapped. The updated approach reflects how people now buy, sell and service items, and how rarely newspaper notices are used by the public to track uncollected property.
For goods worth $200 or less, or motor vehicles valued at $1,000 or less, the person holding them will be able to keep or sell them 14 days after issuing a disposal notice. Items valued between $200 and $20,000 can be sold privately or through auction after 28 days. Anything above $20,000 will still need a court order before being sold. There will also be tailored rules to guide how rubbish, perishables, personal documents and motor vehicles are handled.
Attorney-General Kyam Maher said the feedback from industry and the community shaped the approach. “Nobody wants to be stuck holding onto or storing things for extended periods that they don’t want and that don’t belong to them,” he said. He added that with the Act dating back to the late 1980s, change was overdue. “We heard loud and clear both from individuals and businesses that if goods aren’t claimed, there should be a simple process for everyone to follow so, after a reasonable period, they no longer have responsibility for the unwanted goods.”
Maher said the updated rules aim to be “easy to understand, practical and not overly cumbersome”, while keeping sensible protections for high-value items. He thanked the Motor Trade Association for pushing for reform and contributing throughout the drafting process.
Motor Trade Association SA/NT CEO Darrell Jacobs said abandoned vehicles are a growing problem for mechanics. “Abandoned vehicles are clogging up workshop hoists and customer car parks across the State. It’s not fair to use a repairer as a free dump for unwanted vehicles,” he said. He welcomed the new rules, saying they are “modern, simpler and fairer for all”.
The Government will consult with key groups before confirming when the updated laws will take effect.
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