The Unclaimed Goods Act 1987 sets out a lawful process for dealing with goods that are in a person's possession but legally belong to someone else and have not been collected. The Act sets out when goods become unclaimed, what notice must be given, how long goods must be held before they can be dealt with, and when they may be sold, disposed of or retained.
Under the Act:
- a recipient is the person or organisation holding the goods
- a provider is the person who gave possession of the goods to the recipient, whether or not they own the goods
- an owner is the person who owns the goods.
In some cases, the provider and owner will be the same person.
For more information about the disposal of unclaimed goods, see A guide to unclaimed goods in South Australia, published by the Attorney-General's Department.
After selling unclaimed goods, a recipient may retain amounts permitted under section 8(1) of the Act, including reasonable costs incurred in storing, maintaining, selling or disposing of the goods. Any remaining balance must be paid to the Treasurer.
A person who can establish a lawful entitlement to money paid to the Treasurer may apply for payment of those funds under section 8A of the Act.
Payments to the Treasurer
If unclaimed goods are sold under section 8(1) of the Act, any balance remaining after deduction of permitted costs must be paid to the Treasurer.
To make a payment to the Treasurer, please email dtfinfo@sa.gov.au and provide:
- Recipient details, including:
- full name if a person
- name and ABN if an organisation
- contact details – address, phone number and email address.
- Provider and owner details, including:
- full name and date of birth
- name and ABN if an organisation
- known contact details – address, phone number and email address.
- A detailed description, including:
- description of goods disposed
- detail regarding how and when the goods came into the recipient’s possession
- any agreements or arrangements between the recipient and the provider(s) or owner(s)
- the date and manner of disposal
- the method and cost of storage.
Once the information has been assessed, Treasury and Finance will provide payment instructions. After making the payment, the recipient must provide Treasury and Finance with confirmation of payment, such as a remittance advice.
Applications to claim proceeds from the sale of unclaimed goods
A person seeking to claim money paid to the Treasurer from the sale of unclaimed goods should provide sufficient information to identify:
- the applicant
- the unclaimed goods
- any relationship or dealings between the applicant and the recipient.
Applications, together with any supporting documents, should be emailed to dtfinfo@sa.gov.au. Additional information, identity verification or supporting documentation may be required before an application can be determined.
Under section 8A of the Act, an application must be made within 25 years after the day the money was received by the Treasurer.