This information is general and should not be a substitute for legal advice. Legal Services provides free advice for most legal problems. Call the Legal Helpline on 1300 366 424 or visit lsc.sa.gov.au or lawhandbook.sa.gov.au
Unclaimed goods are things which have come into your possession but legally belong to someone else. If you sell or dispose of these goods without the owner’s consent you are committing a criminal offence.
The Unclaimed Goods Act 1987 (SA) sets out the steps you need to take to sell or dispose of the goods.
The Act calls the person who gives possession of the goods (whether or not the legal owner) the 'provider' and the holder of the goods the 'recipient'.
One option is to deliver the goods to the provider. You cannot charge them for the cost of delivery.
If this is not possible or practical you must follow the steps set out below.
Before you can start the process of selling or disposing of the goods a ‘collection date’ must have passed.
If you have an arrangement with the provider, the collection date is either:
If the provider has not collected the goods on the agreed date, you can proceed to the next step.
If you have tried to deliver the goods as agreed but, after making reasonable attempts to do so, you have not been able to deliver them, you can proceed to the next step.
If you have not arranged for the collection of the goods, you must ask the provider to collect the goods. You must give them a description of the goods and specify from where and when the goods are available to be collected. You must allow them a reasonable opportunity to collect the goods. If they have not collected the goods within 14 days, you can proceed to the next step.
If you have taken reasonable steps to contact the provider to request collection, but have not been able to contact them, you can proceed to the next step.
Once the collection date has passed and the goods have not been collected, they are considered 'unclaimed goods' by the Act. There are steps you must take before you can sell or dispose of these goods.
The type and total value of the goods determines whether you can sell, dispose of or keep the goods and whether you need to apply to a court for permission to do so.
You must give the provider notice that you intend to sell or dispose of the unclaimed goods if they don't collect them. If you don’t know their contact details, you must take all reasonable steps to get them.
You may give notice in person, by post or by email. If this is not possible, you can give notice by any other method of communication. You must include certain information in your notice (see Notice requirements).
The length of notice you are required to give depends on the type and total value of the goods. This is known as the 'holding period'. The Act sets out the holding periods that apply and these are detailed below.
If the goods are rubbish, you may dispose of them without giving any notice before you do so.
Perishable goods include foods with a limited shelf life and items that are capable of decaying. If the goods are perishable, or likely to cause a risk to a person's health or safety, you should give notice (using any method of communication) to the provider that you intend to dispose of these goods. Having regard to the nature and condition of the perishable goods, you may dispose of them after a reasonable period of time.
Personal documents include birth certificates, passports, legal documents, documents containing personal financial or medical information, licences, and personal photographs.
You can dispose of personal documents if not collected within at least 28 days, however you must only do so by securely destroying them. You must not sell personal documents.
If the goods include a motor vehicle, you must first search the Personal Property Securities Register (ppsr.gov.au) to identify anyone who has a registered interest in the motor vehicle. You must give notice to all who have an interest.
You become the legal owner and can sell, dispose of or keep goods including a motor vehicle valued at $1,000 or less if not collected within at least 14 days.
You can sell goods including a motor vehicle valued at $1,001 to $19,999 by public auction or by private sale for fair value if not collected within at least 28 days. If you choose not to sell these goods, you must apply to a Magistrates Court for permission to otherwise dispose of them if not collected within at least 28 days.
You must apply to a Magistrates Court for permission to sell or dispose of goods including a motor vehicle valued at $20,000 up to $99,999 if not collected within at least 60 days.
You must apply to the District Court or Supreme Court for permission to sell or dispose of goods including a motor vehicle valued at $100,000 or more if not collected within at least 60 days.
You must give copies of the court application to the provider and to anyone else the court directs. If the goods are valued at $20,000 or more, you must also give a copy to the Commissioner of Police.
You become the legal owner and can sell, dispose of or keep goods valued at $200 or less if not collected within at least 14 days.
You can sell goods valued at $201 to $19,999 by public auction or by private sale for fair value if not collected within at least 28 days. If you choose not to sell these goods, you must apply to a Magistrates Court for permission to otherwise dispose of them if not collected
within at least 28 days.
You must apply to a Magistrates Court for permission to sell or dispose of goods valued at $20,000 up to $99,999 if not collected within at least 60 days.
You must apply to the District Court or Supreme Court for permission to sell or dispose of goods valued at $100,000 or more if not collected within at least 60 days.
You must give copies of the court application to the provider and to anyone else the court directs. If the goods are valued at $20,000 or more, you must also give a copy to the Commissioner of Police.
The notice must contain the following information:
For free legal advice about your situation, call the Legal Helpline on 1300 366 424.
The owner or provider can demand their goods any time before legal ownership transfers to you, or before you sell or dispose of them. You must hand the goods over to them.
If you want to be reimbursed your reasonable costs before you hand over the goods, you must send the owner or provider a written account of the reasonable costs you are claiming.
If the goods are valued at $200 or less, or $1,000 or less if the goods include a motor vehicle, legal ownership of the goods transfers to you if your reasonable costs are not paid within 21 days.
If the goods are valued at $201 or more, or $1,001 or more if the goods include a motor vehicle, and your reasonable costs are not paid within 21 days, you can dispose of the goods following the correct procedure.
If the owner or provider disagrees with any reasonable costs claimed by you, they need to apply to the court to review your written account. The goods cannot be sold before the court has decided the matter.
You can keep all the proceeds of sale if you sold unclaimed goods that are valued at $200 or less, or $1,000 or less if the goods included a motor vehicle.
You can keep any reasonable costs you incurred after the collection date and prior to the sale of unclaimed goods valued at $201 or more, or $1,001 or more if the goods included a motor vehicle. For example, the cost of advertising the sale and storing and maintaining the goods.
Any money left over after these reasonable costs are covered must be paid to the State Treasurer.
If you claim an interest in the goods sold or the proceeds of sale, you may apply to the State Treasurer to have money paid to you.
If the goods you sold or disposed of were valued at $201 or more, or $1,001 or more if the goods included a motor vehicle, you must make and keep a record of the disposal. The record must contain certain information. You must keep this record for 6 years.
If you disposed of or sold the goods, you must record a description of the goods, and the date and method of disposal.
If you sold the goods, you must also record the name and address of the purchaser, and the amounts paid for the goods and kept by you to cover your reasonable costs.
If you handed the goods over to the owner (who wasn't the provider) you must record their name and address.
If you disposed of the unclaimed goods following the correct procedure you cannot be held criminally or civilly liable for disposing of those goods.
There are different procedures for dealing with goods that have been left by tenants.
For further information about what to do in this situation, telephone the Tenancies Branch, Consumer and Business on 131 882 or visit their website at cbs.sa.gov.au.
3 August 2026
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