South Australia is preparing to overhaul its unclaimed goods laws for the first time in nearly four decades, with Parliament expected to pass significant reforms this week.
The updated framework aims to simplify how abandoned goods are managed and to remove red tape that has long frustrated individuals and businesses — particularly those in the automotive sector.
The Motor Trade Association SA/NT (MTA), which has played a central role in driving the reforms, says the changes are urgently needed. Workshops across the state have been disproportionately affected by outdated legislation that has forced repairers to store abandoned vehicles for months, often blocking valuable hoist and car park space.
MTA SA/NT CEO Darrell Jacobs said the problem has become widespread.
“Abandoned vehicles are clogging up workshop hoists and customer car parks across the state. It’s not fair to use a repairer as a free dump for unwanted vehicles,” he said.
Dusting off
Jacobs said the MTA strongly supports the new approach, which he described as fair and far more workable than the 1980s-era rules.
“These new laws strike the right balance by being modern, simpler and fairer for all,” he said.
“The MTA appreciates the state government listening to and acting on the concerns of businesses in the automotive industry.”
The SA Government said feedback from the MTA was instrumental in reshaping the legislation, with many of the practical issues raised by repairers directly informing the new provisions. Attorney-General Kyam Maher said the reforms reflect the concerns raised across industry and the community.
“Nobody wants to be stuck holding onto or storing things for extended periods that they don’t want and that don’t belong to them,” he said.
“Given the current Act has not been reviewed since it was first introduced in the late 1980s, changes have been needed to ensure they are easy to understand, practical and not overly cumbersome, while maintaining necessary protections for high-value goods.”
Maher added that the need for a simpler system was a consistent message throughout consultation.
“We heard loud and clear both from individuals and businesses that if goods aren’t claimed, there should be a simple process for everyone to follow so, after a reasonable period, they no longer have responsibility for the unwanted goods.” The proposed reforms significantly update value thresholds and shorten waiting times.
What are the changes?
Goods worth $200 or less—or motor vehicles valued at $1,000 or less—can be sold or kept after 14 days from issuing a disposal notice. Items worth between $200 and $20,000 can be sold privately or at auction after 28 days, while higher-value goods will still require a court order.
Requirements such as mandatory newspaper advertisements—long criticised by the MTA as impractical—will be removed entirely. Special rules will also apply for rubbish, perishables, personal documents and motor vehicles.
“Making the laws easier to understand, reducing the level of red tape, and simplifying processes will help people and businesses to deal with unclaimed goods left in their possession,” Maher said.
“The government would like to acknowledge and thank the Motor Trade Association for raising the impracticalities of this outdated legislation and for working with us throughout consultation and drafting legislation.”
The state government will undertake further consultation with key stakeholders before setting a commencement date for the new laws.