The information relates to:
- goods worth $5,000 or more
- motor vehicles worth $1,000 or more.
Before disposing of a high-value motor vehicle, the seller must obtain a written search result from the Personal Property Securities Register. There are penalties for failing to do this. Visit the Personal Property Securities Register website. You will need to quote the car’s chassis number or the vehicle identification number (VIN).
For information about uncollected vehicles worth less than $1,000, view Low-value goods and vehicles.
For information about uncollected goods worth less than $5,000 (not vehicles), view Medium-value goods.
Giving written notice
Before taking steps to dispose of any uncollected goods or vehicle, the seller must give written notice of the intention to dispose to:
- the person who left the goods or vehicle
- anyone who has registered an interest in the goods or vehicle on the Personal Property Securities Register
- anyone else the seller is aware of who has (or claims to have) a proprietary or security interest in the goods or vehicle, and
- the owner or registered operator of the goods or vehicle (if the seller knows this is not the person who left the goods) – see 'Details of motor vehicle’s registered operator' below.
In the notice of the intention to dispose, a seller must include certain information - view Written notice of intention to dispose.
Details of motor vehicle’s registered operator
The seller can apply to VicRoads for a registered operator’s details, for a fee. The application must be in the form of a statutory declaration, and must include:
- the seller’s full name, address and date of birth (or their business name, address and ABN)
- the vehicle’s last registration number (if available) and vehicle identification number
- if the seller has given written notice of the intention to dispose of the vehicle to anyone, a copy of that notice
- if the seller has applied to a court or the Victorian Civil and Administrative Tribunal (VCAT), a copy of the application, and
- if the seller has obtained a search result from the Personal Property Securities Register, a copy of that search. The seller will have to provide this if applying for details of the registered operator of a high-value motor vehicle.
Holding the goods or vehicle
After giving written notice of the intention, the seller must retain the goods or vehicle for a further 28 days. The seller can then dispose of the goods or vehicle, unless the person who left them has collected them or given delivery instructions.
If the seller cannot contact the person who left the goods or vehicle - despite making reasonable attempts to notify them in writing - they must wait 180 days. The seller may then take steps to dispose of the items or vehicle.
Disposing of the goods
A business cannot keep high-value uncollected goods or vehicles for its own use. It can only dispose of them by public auction or private sale.
If the seller sells the goods or vehicle at public auction, the auction must be advertised at least seven days in advance or held over a period of at least seven days (for example, an online auction).
If a seller sells the goods or vehicle by private sale, they must:
- given written notice to all of the people required
- reasonably believe that the best price could only be achieved by private sale, and
- take reasonable care to ensure that the goods are sold for the best price that can reasonably be obtained under the circumstances at the time of sale.
The seller must record certain details about the goods or vehicle after disposal. For more information, view Records of disposal.
Any money left over after selling the goods or vehicle, and paying the relevant charge and disposal costs, is ‘unclaimed money’. The seller must handle it according to rules set by the Unclaimed Money Act 2008. For more information, visit the State Revenue Office website.
If the sale does not cover the relevant charge and disposal costs, the seller may pursue the owner or person who left the goods or vehicle for the debt in court.
For more about the relevant charge, view Relevant charge.
Selling an uncollected vehicle without a court order - Receipt
If the seller sells any uncollected vehicle without a court order, they must give the buyer a receipt containing:
- the seller’s full name, address and date of birth (or their business name, address and ABN)
- the name of the vehicle’s registered owner
- the vehicle’s last registration number (if available) and vehicle identification number
- the buyer’s full name, address and date of birth
- the date of sale
- the sale price
- a statement that the vehicle has been sold under Part 4.2 of the Australian Consumer Law and Fair Trading Act 2012.
Both the seller and the buyer must sign the receipt.
Penalties apply for failing to provide a signed receipt that complies with the above requirements.
Disputes
If you are having a dispute with a business about a problem with a product, view Resolve your problem or complaint.