Western Australian Consolidated Acts

DISPOSAL OF UNCOLLECTED GOODS ACT 1970 - SECT 9

9 .         Conditions as to disposal of prescribed goods

        (1)         A bailee shall not, under section 8, attempt to sell goods unless — 

            (a)         he, after the goods are ready for redelivery, gives a notice in writing, as provided by Part IX, to the bailor that the goods are so ready; and

            (b)         he, not less than 3 months after he gives the notice referred to in paragraph (a) and not less than one month before he attempts to sell the goods, gives a notice in writing, as provided by Part IX, to — 

                  (i)         the bailor;

                  (ii)         every other person known to the bailee, at the time he gives the notice, as having or claiming to have an interest in the goods; and

                  (iii)         the Commissioner,

                of the bailee’s intention to sell or otherwise dispose of the goods.

        (2)         A bailee shall not, under section 8, dispose of goods other than by selling them unless, during a period of one month after he is entitled to sell them in accordance with that section and subsection (1), he has made reasonable but unsuccessful efforts to do so.

        (3)         Where, in respect of prescribed goods under a bailment to which this Part applies, there is a dispute such as is referred to in section 15 or 16, a bailee shall not sell the goods or otherwise dispose of them unless the dispute is treated as determined under subsection (1) of section 17 or is determined under subsection (4) of that section or otherwise.