Western Australian hotel lost property law: Disposal of Uncollected Goods Act 1970

How long must a hotel keep lost property in Western Australia?

Under the Disposal of Uncollected Goods Act 1970 (WA), goods valued at $3,500 or less must be held for at least 6 months after written notice that they are ready for redelivery. Notice of intention to sell then goes to the owner and the Commissioner of Police, and is published in a Perth daily and the Government Gazette at least a month before a public auction. Goods over $3,500 need a Magistrates Court order.

Which part of the Act applies

The Act works in three ways. Parts II, III and VI cover goods a business accepted under a bailment for inspection, custody, storage, repair or other treatment (sections 7, 10 and 18). Part VII covers goods a person holds without a bailment, who can apply to the Magistrates Court for an order to dispose of them (section 20). The Act does not apply to bailments and custody under the Acts listed in its Schedule (section 6). The Schedule lists the Criminal and Found Property Disposal Act 2006 (as at 31 March 2025), so this Act does not apply to custody under that Act.

Whether a guest's forgotten item falls under Part III, Part VII or the Criminal and Found Property Disposal Act 2006 is not clear from the Act's wording, so take legal advice before relying on any of them.

Goods valued at $3,500 or less (Part III)

Where goods are accepted for custody with no arranged period, they are ready for redelivery 7 days after acceptance (section 4(2)). The steps then run in order:

• Written notice that the goods are ready for redelivery goes to the owner (section 12(1)(a)).
• At least 6 months after that notice, and at least a month before sale, written notice of intention to sell goes to the owner, anyone else known to have an interest and the Commissioner of Police (section 12(1)(b)).
• At least a month before sale, notice of intention to sell is published in a daily newspaper circulating throughout WA, published in Perth, and in the Government Gazette (section 12(1)(c)).
• Sale is by public auction. Any other disposal needs two unsuccessful auction offers at least 14 days apart (section 12(2)).

Goods over $3,500 (Part VI)

The same 6-month wait applies after the notice that goods are ready for redelivery. The business then gives notice of its intention to apply to the Magistrates Court, to the owner, anyone else known to have an interest and the Commissioner of Police, and publishes it as above at least a month before applying (section 19(2)). Only a court order allows the goods to be sold or disposed of (sections 19 and 22).

Records and unclaimed balances

Within 7 days of a sale or disposal, a record must be prepared and kept for 6 years, together with the notice of intention to sell (section 14(4)). A sale balance left after the business's charges is recoverable by the owner. Any sum not recovered within 28 days must be deposited with the Treasurer (sections 14 and 28).

How Homebound handles this for WA properties

Homebound gives every logged item a timestamped history — intake photo, guest notification, courier collection — so a WA property always has the record this guide describes. Guests enter their own shipping address and pay for courier return themselves, and it costs the hotel nothing.