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©State of Queensland
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Prepared by direction of
The Honourable P. R. DEB,AMUIXE, $.BE., M.B., g S . S . , M . L A . * Minister for Justice and Attoincy-General
By Authority: 5. G. REID, Goveri?ment Printer, Brisbanc----"l975
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Amended by f d
mend the Law relating to Factors [A.,seaCed to 23 title. This Act may be cited as “ T ~ Y .Facton Act,
IMllNARY
51 lP--In this Act-
The expression “Mercantile Agent” means a ~~e~~~~~~~~ a having in the ~ u s t o ~ a ~ ~ C Q M P S ~ ~6 his business as such agent
to sell goods, or to csvxsign goods for the or ea buy goods, or to raise money on the The term “Goods” inch es wares and m ~ r ~ ~ ~ n ~ i s e ; The . expressi~~ll ‘‘
ificate, warrant ar
order for the ny other ~ o c ~ ~ e ~ t
pOS§e§SiOn iBsT C O n t P d 0 p0SSesSOr of the dOCUJX3
to authorise, either b
The term
“H
ge” includes any contract ~~e~~~~~~ OR: giving alien or security on, goods, ~ ~in ~ e ~ ~ nof ~an s ~~ r~ ~ ~ ~ t ~ ~ ~
original advance or of any further or ~ ~ nadvance t ~or ~ ~ ~ ~ g of any pecuniary liability.
For the purposes of this Act a person is deemed bo be in possessiom s or of the documents of title to goods, when the goods or docu- custody or are held by any other person subject
or on his behalf,
Act referred to:
Factors Act, 1889 (Imperial), 52 & 53 Vic. c. 45.
DISPOSITIONS BY ~ ~ R C A AGENTS ~ ~ I L ~
on of goods or of to goods, any sale, pledge, or 0th
him when acting in the ordinary course of business of a mercantile agent, shall, subject to the provisions of this Act, be as valid as if he expressly authorised by the owner of the goods to make the same:
vided that the person taking under the disposition acts in good faith, and has not at the time of the disposition notice that the person making the disposition has not authority to make the same,
( 2 ) When a mercantile agent has, with the consent of the owner, been possession of goods or of the documents of title to goods, any sale, pledge, or other ~ i s ~ o ~ i t i o n , which would have been valid if the ent, had c ~ ~shall be t ~valid ~ notwithstanding the determination ~ e ~ ~ le co~ssenk: Provided that the person taking under the disposition bas rial 31 the time thereof notice that the consent has be-err. d e t e r ~ ~ ~ e d .
( 3 ) n a mercantile agent has obtained possession of any docu-
nlellts of t o goods by reason of his being or having been, with the n a - m x e r F & all the owner, in possession of the goods represented thcreby, or of any otlner documents of title to the goods, his possession of the first-
~~~~~~~~~~~~~ documents shall, for the purposes 0f this Act, bc deemed to
be with the consent of the owner,
(4) For the purposes of this Act the consent of the owner shall bc pi-esiamed liwi tIic ahscnce of evidcnce to thc contrary.
Act. referred 10:
F ~ c ~ Q ~ s Act, 1889 (Imperial), 52 RS 53 Vie. e. 45.
pledge of ;he documents 01 title to goods shall be deemed to be a pledge
IPf the g,,ds*
Act r e h r e d Is:
Factors Act, I889 (Imperial). 52 8r 53 Vic. c. 45.
53 Vis. c, 45, s. 4, When a mercantile agent pledges goods as security for a debt or liability due from the pledgor to the pledgee before the time of the pledge, the pledgee .;ha11 acquire no further right to the goods than could have been enforced by the pledgor a t the time Of the plcdgc.
Act rcferred to:
Factors Act, 1889 (Imperial), 52 & 53 Vie. e . 45.
or ~ ~ 52 ~ ~ ~ ~ ~ ~ § *
r the validity of a s
s, iil pursuance of this Act, inay be either a payment in cash, or the delivery or transfer of other goods, or of a document c.f title to goods, or of a negotiable security, or any other
L a l u i b k consideration; but when goods are pledged by a mercantile agent
~ ~ $ r a ~ ~ o ~ of the delivery or transfer of other goods, or of a document to goods, or of a negotiable security, the pledgee shall acquire no right or haterest in the goods so plcdgcd in excess of the value of the dsciamcnts, or security when so delivered or transferred in
Act referred t o :
Facl<)!b Act, 18x9 ( ! ~ 1 1 p C I ~ ; i l ) , 52 cb 53 VIL c. 42,
CB&fkS, etc, 5% Vic. cc.
L%sg
se an agreement made a mercantile aga clerk. or other person authorised in the ordinary course of business to makc contracts of saic or plcdgc on his bchalf slia13. Sc dcenicd to bc an
~ ~with the ~agent. r ~ ~ ~ ~ ~ n ~
Act referred to:
Factors Act, 1889 (Imperial), 52 & 53 Vie. e. 45.
en the owner of goods has given possession of the goods to another person for the purpose of consignment or sale, or has shipped the goods in thc name of another person, and the consignee of the
~ ~ 52 53 ~ vice S . 45, ~ $. 7. ~ ~ ~ ~ ~ § .
FACTORS ACT, 1892 s;.Y-12 3 goods has not had notice that such person is not the owner of the goods, the consignee shall, in respect of advances made to or for the use of such person, have the same lien on the goods as if such pexson were the owner of the goods, and mag transfer any such lien to another person.
(2) Nothing in this section shall limit or affect the ~ ~of any ~ ~ ~ i ~ y sale, pledge, or disposition, by a mercantile agent.
Act referred to:
Factors Act, 6889 (IIXlpei*ial), 52 & 53 vie. C. 4.5.
DISPOSITIONS BY SELLERS AND BUYERS OF GOODS
y s~~~~~ ~~~~~~~~~ in $ses$ism. 52 8L 53 vie, I@. 45, s. 8.
When a person, having sold goods, continues, ~r is, in possessl”on csf the goods or of the documents of title to the goods, the delivery or transfer by that person, er by a mercantile agent acting for him, ~ l fthe goods 0%
documents of title under any sale, pledge, cx other ~ i s p o s i t ~ o n thereof, or under any agreement for sale, pledge, 01: other disposition thereof, to any person receiving the same In good faith and without notice of the previous
sale, shall have the same effect as if the person making the ~ e ~ ~ v ~ r y or transfer were expressly authorised by the owner of the goods to make the
same.
Act referred to:
Factors Act, 1889 ( h p e i i d ) , 52 & 53 Vic. S. 45.
1 y ~~~~~ ~~~~~~
When a person, having bought or agreed to buy goods, obtains with the consent of the seller possession of the goods, or the daciaments of title to the goods, the delivery or transfer, by that person or by a mercantile agent acting for him, of the goods or documents of title, under any sale, pledge, or other disposition thereof, or under any agreement for sale, pledge, or other d~sposition thereof, to any person receiving the same in good faith and without notice of any lien or other riglit of the original seller in respect of the goods, shall have the same effect as if the person making the delivery or transfer were a niescantik agent in possession of the goods or documents of title with the consent of the owner.
Act referred to:
Factors A.ct, 1889 ( h p e r i a l ) , 52 & 53 Vic. c. 45.
sfer of ~~~~~~~~~ Qln vcn 0r9s lien or ri Wh
53 vice @. 45, s e IO.
has been lawfully transferred to a person as a buyer or owner of the goods, and that person transfers the docunient to a person who takes the document in good faith aiici for valuable consideralion, the last-mentioned transfer chaP1 have the same eflect for defeating any vendor’s lien or right of stoppage in transitu as the transfer of 11 bill of liiding laas for dcfcating the right of stoppiige in transitu.
Act referred to:
Factors Act, 1889 (liiipciial), 52 6i 53 Vic. c. 45.
SUPPLI!MI:N T A L
ode of ~~~~~~~~~~~~~ ~ ~ 52 8 53 ~ vie. c , ~ ~ ~ ~ ~ ~ § ,
purposes of this Act, the transfer of a document may be by endorsement, or, if the document is by custom or by its express terms transferable by delivery, or makes the goods deliverable to the bearer, then tty delivery.
Act referred to:
Factors Act, 1889 (Impcrial), 5 2 & 53 Vic. c. 45.
4 ss. 13-15 FACTORS ACT, 1892
53 Vi@. c. 45, 5. 12, (1) t to exceed or depart from his authority as between himself and his principal, or exempt him from any liability, civil or criminal, for so doing.
(2) ~ o t ~ i n g in this Act shall prevent the owner of goods from recovering the goods from an agent or his trustee in bankruptcy at any time before the sale or pledge thereof, or shall prevent the owner od goods pledged by an agent from having the right to redeem the goods at any time before the sale thereof, on satisfying the claim for which
the goods were pledged, and paying to the agent, if by him ~ e ~ ~ j r e ~ , any money in respect of which the agent would by law be entiticd to
setain the goods or the documents of title thereto, or any of them, by way of lien as against the owner, or from recovering from any person with whom the goods have been pledged any balance of money reina;ning in his hands as the produce of the sale of the goods after deducting the
amount of his lien.
(3) Nothing in this Act shall prevent the owner of goods sold by an agent from recovering from the buyer the price agreed to be paid for the same, or any part of that price, subject to any right of set-off on the part of the buyer against the agent.
Act referred l o :
Factors Act, 1889 (Imperial), 52 & 53 Vic. 6. 45.
The provisions of this Act shall be construed in enlargement and not in derogation of the powers exercisable by an agent independently of this Act.
Repealed by Statute Law Revision Act of 1908, s. 2.
99 66
A
Agent- mercantile-
as. to agreements made with, through his clerk . . . .
as to pledees of goods by, a s security for antecedent debt meaning of term . . . .
pledgjng goods in exchange for other goods, eic., as io rights of pledgee on
pcvyers of, with respect to disposition of goods saving ofrights of owner in regard to offences committed
hv
, validicy of disposition made by, not affected by provision
. . .
A g w m e n t made with mercantile agent through his clerk deemed
5 as to consignee and consignor wises of common law powers of agreement made with such agent
Bill of lading included in term “ document of title”
. .
IClerk, as to validity of agreement made with . . .
Consent of owner to disposition of goods, etc., by mercantile agent, presumed in absence of evidence to contrary Consienee, as to rights of, in respect of advances made upon
goods shipped in name of person other than owner thereof
Definitions-
Document of Title . . .
Goods . . .
Pledge . . .
Mercantile ‘Agent . . .
Delivery, transfer of document when authorised to be by Disposition-
. .
agreements as to, made through clerk of mercantile agent, deemed an agreement with such agent
by mercantile agent in possession of goods or documents of title thereto, as to validity of
of goods, as to consideration necessary for validity of . .
of goods, by buyer obtaining possession to third party who has not received notice of any lien or right of original seller in respect thereof
of goods, by seller remaining i n possession to third patty who has not received notice of previous sale
Dock warrant included in term ‘I document of title ” . . . .
Document of title. Srr Title.
E
Endorsement, transfer of document may be by . . .
Evidence of‘ possession of goods or of documents of title thcreto
Factor, See Agent,
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Goods-
as to consideration necessary f o r validity of disposition of . .
as to pledge of, by mercantile agent as security for antecedent debt
as to powers of mercantile agent with respect to disposition o f disposition of, by buyer obtaining possession, to third party who has not been notified of any lien or right of original seller in respect thereof
disposition of, by seller remaining in possession, to third party who has not been notified of previous sale
meaning of term . . .
person when deemed in possession o f . .
pledge of document of title deemed pledge of' ' . , . .
saving of powers of owner as to recovery of . . .
sh.ipped in name of person other than owner. iis to rights 'of
. . . .
consigncc in respect of advances made upon
l a
Meanirig of terms. S c r Definitions.
Merchandise included it) term
..
goods . . . IVNotice-
of lien or right O('0riginal sciler with reqxct to rights of third party o n disposition of goods by buycr obtaining possession
of previous sale, e&ct of, with respect to rights of' third navty on disposition of goods by seller remaining i n possekior.
that agent hasnot authority to dispose of goods or documents, or that consent to his being in possession of such has determined, effect of
to consignee by owner of goods that person in whose name iuch goods are shipped is n o t the owner theicof, e r e c t of
0
Owner-
coiiscnt of, to possession o f goods, etc., by mercantile agent, saving for rights of presumed i n ahsencc of evidence to contrary . . .
P
Pled::c---
by inercantile ;igclit of goods as security for nntcccdent debt, rights o f pledgee on, not to exceed amount of' agelit's ititcrest
ncaning or term . . . . . . .
of documents of title to goods deemed pledge of goods . I
of goods by ~nercantile iigcnt i n exchange for goods o r docunients, rights of pletlgec not to cxcccd value of goods or documents so exchanged at time of their ' delivcry
J90sscssion of' goods or docunicnls of lillc to goods, pcrson whcn dcenictl i n
Sale. Sec Disposition.
s
Saving-
for rights of true owner . . .
of common law powers or agent . . .
Short title . . .
'If
Titlc, d o c i i n i c i i t 01' -
alr'ect of' translcr of, on vendor's lien or right o f sfoppi~ge mcariing of term . . . . . . . . . . . . . .
modc of transferring . . .
person,'wheti dccmeti i n possession o f . . .
pledge of. tlcemcd pletlgc of g o m k . . . . . . . .
~mwcrs uf iiicrc;iiitilc agent w i t h rcsl~cct to ilispoaitioii o f . .
i n fronsitu
Warehouse-kccpx's certificate included i n tcrni
w
'' document of titleWares included iii term
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goods I ' . . .s. 6 , .
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By Authorif y : S. G. REID, Government Printer, Brisbane-:::I 975
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