South Australia’s unclaimed goods laws have changed, giving landlords, property managers and businesses a more practical framework for dealing with abandoned goods. This article explains the key reforms, including new value thresholds, shorter holding periods, updated notice requirements and the continuing need to check whether another statutory regime applies before goods are sold or disposed of.
The Unclaimed Goods (Miscellaneous) Amendment Act 2025 (SA) (amendment Act) commenced on 1 August 2026, introducing significant changes to the Unclaimed Goods Act 1987 (SA) (Act). The reforms are intended to simplify the process for dealing with unclaimed goods by updating value thresholds, reducing administrative requirements and introducing a more practical framework for the sale and disposal of abandoned property.
The reforms will be particularly relevant to commercial landlords, retail landlords, property managers and businesses that are often left dealing with furniture, equipment, stock, vehicles and other property abandoned by former tenants, occupiers or customers. Where no other statutory regime applies, the amended Act provides a clearer mechanism for managing and disposing of those goods.
The reforms are supported by the commencement of the Unclaimed Goods Regulations 2026 (SA), which commenced on the same day and replaced the former Unclaimed Goods Regulations 2013 (SA). The Regulations prescribe certain procedural requirements relating to notices issued under the Act.
When are goods “Unclaimed”?
Goods will generally be considered unclaimed where they are in a person's possession but legally belong to someone else, and the owner has failed to collect them after being asked to do so or after reasonable attempts have been made to contact them. The Act also applies where delivery cannot be completed or where goods are rubbish, perishable or present a health or safety risk.
For property owners and managers, this commonly arises when a tenant vacates premises and leaves behind furniture, equipment, stock, vehicles or other personal property.
Key changes under the reforms
A simplified disposal framework
A key feature of the reforms is the introduction of updated value thresholds and shorter holding periods. The amendments also remove several outdated requirements, including the obligation to publish newspaper advertisements before disposing of unclaimed goods.
Motor vehicles
The amended Act adopts a value-based approach to dealing with unclaimed motor vehicles.
- Vehicles valued at $1,000 or less become the property of the person in possession if they remain unclaimed after a 14-day holding period.
- Vehicles valued between $1,000 and $20,000 may be sold after a 28-day holding period, either by public auction or private sale for fair value.
- Vehicles valued at $20,000 or more require a court order before they can be sold or otherwise disposed of following a 60-day holding period.
Before disposing of an unclaimed motor vehicle, a search of the Personal Property Securities Register (PPSR) should be undertaken to identify any person with a registered interest in the vehicle. Notice must be given to each registered interest holder before a sale occurs.
Other unclaimed goods
The same value-based framework applies to other categories of goods.
- Goods valued at $200 or less become the property of the person in possession after a 14-day holding period.
- Goods valued between $200 and $20,000 may be sold by public auction or private sale for fair value after 28 days.
- Goods valued at $20,000 or more require a court order before disposal following a 60-day holding period.
For landlords and property managers, the key practical benefits of the reforms include:
- shorter holding periods for many categories of goods;
- the ability to sell certain goods by private sale for fair value;
- updated value thresholds that better reflect current market conditions; and
- the removal of newspaper advertising requirements that previously increased cost and delay.
Notice requirements
Before unclaimed goods can be sold or disposed of, notice must generally be given to the owner or the person who left the goods behind.
The notice must:
- identify the goods;
- specify the applicable holding period;
- explain what will occur if the goods are not collected;
- include the holder's contact details; and
- advise that the owner or provider may be required to pay amounts claimed under section 7(2) of the Act before the goods are released.
Notices may generally be given personally, by post, email or, where necessary, by other available means of communication.
The unclaimed goods regulations 2026
While the substantive reforms are contained in the Amendment Act, the Regulations prescribe additional information that must be included in certain notices issued under the Act, including the recipient's contact details and a statement that amounts claimed under section 7(2) of the Act may need to be paid before goods are released.
Special categories of goods
The Act recognises that certain categories of goods require different treatment.
Rubbish may be disposed of immediately without any notice requirements. Perishable goods and goods that present a risk to health or safety may be disposed of after notice is given and a reasonable opportunity to collect them has elapsed.
Special rules also apply to personal documents, including:
- passports and identity documents;
- birth certificates;
- legal documents; and
- documents containing personal financial or medical information.
These documents cannot be sold and must be disposed of in a manner that protects privacy and confidentiality.
What happens after goods are sold?
Where unclaimed goods are sold, the person disposing of them may retain certain costs incurred in storing, handling and selling the goods. Any remaining proceeds must generally be paid to the Treasurer.
The reforms also introduce record-keeping obligations for higher-value goods. Records relating to the disposal process, including sale details and purchaser information, must generally be retained for six years.
Interaction with the Retail and Commercial Leases Act
Commercial and retail landlords should not assume that the amended Act applies in every situation involving abandoned property.
The Attorney-General's Department has confirmed that where another legislative framework governs the disposal of goods, that framework may continue to be followed. For example, abandoned property under the Residential Tenancies Act 1995 (SA).
This principle is also relevant to section 76 of the Retail and Commercial Leases Act 1995 (SA) (RCLA), which establishes a specific process for goods left behind following the termination of a retail shop lease.
The key features of the RCLA regime include:
- storage obligations for goods of value;
- notice requirements to tenants and other interested parties;
- publication of notice in a South Australian newspaper;
- sale by public auction in most circumstances; and
- recovery of certain costs and lease-related liabilities from sale proceeds.
By comparison, the amended Act provides a more flexible framework, including shorter holding periods and the ability to sell certain goods by private sale for fair value.
For landlords dealing with goods abandoned at the end of a retail shop lease, the RCLA will ordinarily remain the governing regime. The amended Act is likely to be most relevant where no other legislative framework applies.
Practical considerations for landlords and property managers
Commercial landlords, retail landlords and managing agents should review their existing procedures for dealing with abandoned property.
Particular attention should be given to:
- determining whether another statutory regime applies before relying on the Act;
- accurately assessing the value of abandoned goods;
- undertaking PPSR searches where motor vehicles are involved;
- ensuring notices comply with the Act and Regulations; and
- maintaining appropriate records of any disposal process.
The reforms provide a more streamlined framework for managing unclaimed goods. However, landlords and property managers should ensure they identify and comply with the correct legislative regime before disposing of any property left behind by a former occupier.
How can we help?
At Mellor Olsson, our property team regularly advises landlords, property owners, property managers and businesses on commercial leasing, retail leasing, property management and property-related disputes.
We can assist with identifying the applicable statutory framework, advising on notice requirements and disposal processes, and helping to manage the risks associated with goods left behind by former tenants, occupiers or customers.
If you are seeking further information on the unclaimed goods regime or need assistance with a matter, please contact James McEwen directly ([email protected]) or email us at [email protected], or call (08) 8414 3400.