Draft — pending legal review. Not legal advice. This is an internal operating document for Daniel & Matt. The transfer-of-ownership, hazardous-materials and public-sector clauses (and the consumer-vs-commercial distinction) require solicitor review before this is relied upon or shown to a client. The public-facing customer terms live at
/terms.html; this document is the fuller back-of-house policy behind them.
1. Purpose & scope
This policy sets out how Theatre Disposals (registered business name of Daniel Gosling, sole trader, ABN 50 767 719 891) collects, takes title to, rehomes, on-sells, recycles and disposes of used theatre, stage, AV, lighting and staging equipment. It governs every collection job and underpins the customer-facing Terms & the Collection Docket.
2. Job intake & eligibility
- Enquiry received (website form → ENQUIRIES store → alerted to Daniel). Capture: client/org, ABN if any, site, contact, what's being cleared, rough volume, hazardous-item flags.
- Classify the client: consumer (private individual) vs commercial / government / school. The Australian Consumer Law guarantees that cannot be excluded apply to consumers regardless of the Terms — treat consumer jobs more conservatively.
- For school / council / public-sector clients: confirm the client has (or will) complete its own internal asset-disposal approval (board of survey, asset-status change, probity sign-off). We assist record-keeping; we never substitute for their statutory process.
- Quote: attendance + labour + transport + lawful disposal of genuine waste + optional Certificate. Quote valid 30 days, assumes reasonable access.
3. Transfer of ownership (core risk clause)
Title passes to Theatre Disposals at the moment of collection, evidenced by the signed Collection Docket. After that we may reuse, refurbish, on-sell, hire, donate, recycle or dispose of the Goods for our own account, with no obligation to account to the client for proceeds.
Legal-review flags: (a) enforceability of immediate title transfer against a public-sector asset register; (b) whether a separate written instrument is needed for high-value / capitalised assets; (c) interaction with any retained security interest (PPSR search advisable on commercial gear of uncertain provenance).
4. Hazardous & regulated materials
- Client must declare on the Docket: e-waste, fluorescent/discharge lamps, batteries, capacitors, ageing dimmer/ballast gear, pyrotechnics, chemicals, fuels, pressurised vessels, asbestos-containing materials.
- Declared hazardous fractions handled lawfully — incl. as reportable priority waste under EPA Victoria rules where applicable. Retain disposal receipts.
- We may decline or surcharge undisclosed or unsafe items. Client indemnifies us for loss from undisclosed hazards only.
- Review flag: confirm current EPA Victoria priority-waste tracking obligations and whether we need a waste-transport registration for the volumes we expect.
5. Documentation & record-keeping
- Collection Docket — signed at pickup; transfers title; lists goods, volume, hazards, fee, certificate-required Y/N.
- Certificate of Collection & Disposal — on request/payment; itemises goods + disposition (reused / donated / recycled / lawfully disposed) for the client's audit/asset records.
- Retain dockets, certificates, weighbridge/disposal receipts and resale records for at least 7 years.
- Personal information handled per the public Privacy Policy (Privacy Act 1988 / APPs).
6. Onward disposition hierarchy
- Reuse / refurbish & resell (best outcome — revenue + waste avoided).
- Donate to schools, theatres, community groups or charities (AU, NZ, Fiji).
- Recycle / sell for scrap.
- Lawful disposal to landfill / licensed waste facility (last resort).
7. Liability & insurance
- No liability for indirect/consequential loss, or for items the client failed to remove pre-collection.
- Nothing excludes non-excludable Australian Consumer Law rights.
- Review flag: confirm public-liability and goods-in-transit insurance cover before first paid job; confirm whether a transport/manual-handling SWMS is required.
8. Outstanding legal-review checklist
- Title-transfer clause enforceability (consumer vs commercial vs government).
- EPA Victoria priority-waste & transport obligations.
- PPSR search practice on commercial gear.
- Insurance & WHS / SWMS requirements.
- Consumer-law carve-outs in the customer Terms.