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“Queensland Statute Reprints”

QUT Digital Collections

This copy is not an authorised reprint within the meaning of the Reprints Act 1992 (Qld).

This digitized copy of a Queensland legislation pamphlet reprint is made available for non-commercial educational and research purposes only. It may not be reproduced for commercial gain.

©State of Queensland

(2)

As amended by

plot to Authorise the

of ;a ness for In

ir

Treat but not d=

therewith

[ASSENTED TO 22 DECEMBER, 19641

IT

by rhe

ad nsent of

liament assembled, and by the authority of the sa

Commencedl 1 July 1948 (Proc. pubd. Gaz. 29 June 1968, p. 1045).

Collective title conferred by Act of 1973, No. 18, s. 21 (2).

is Act is divided into

WARY (ss. 1-41;

LLECTED GOODS (‘SS. 5-9);

FOR SALE OF UNCOLLECTED

GOODS (SS. 10-11);

ART IV-GENERAL (SS. 12-24).

.

(1) In this Act, unless the contrary intention

Hire-purchase Agreement

’’

means a hire-purchase agreement

“Magistrates Court”-a Magistrates Court within the meaning appears :

-

within the meaning of “The Hire-purchase Act of 1959”;

of “The Justices Acts, 1886 to 1965”;

(3)

2 s. 3 DISPOSAL OF UNCOLLExrrED GOODS ACT 1967-1973

agistrates Couzt c t ” means a district

for the purposes appointed under “The

Justices Acts, 1886 to 1965,” or, pursuant to “The Decenitralizaticm agistrattes Courds Act of 1965,” deemed to be appointed a district;

crtolr vehicle

’’

means a motor car9 motor carriage, motor cycle, ‘tractor or other vehicle propelled, or designed to be propelled, wholly or partly by a volatile spirilt, steam, gas, oil or electricity or by any means other than human or animal power.

the purposes of this Act-

(a) Goods shall be deemed to be; ready for re-delivery-

(i) in relation to goods accepted for “‘inspecti~n~~, when the inspection has been carried out;

(ii) in relation to goods accepted for “custody”, when the period lof arranged custody has expired or, where there is no p e r i d of arranged cus’tsdy, upon the expiration of seven days from such acceptance;

(iii) in relation to goods accepted for “storage”, when the period of arranged storage has expired or, where there is no period s f arranged storage, upon the expiration of seven days from such acceptance; and

(iv) in relation to g o d s accepted for “repair” or “other treatment”, when the repair .or other treatment has been carried out:

e twms “inspection”, 66custody9’, “storage”, “repair”

or “other treatment” shall include, where applicable, the transport or Itowing of any goods to the premises used or appropriated by the bailee for acceptance for any such inspectiton, custody, storage, repair or other treatment as the ease may be:

( c ) The term “inspection” shall include, where applicable, the acceptance of g o d s for the purpose of submitting a quotation of the charges of the bailee for the repair or other treatment of ~ u c h goods.

eferences in this Act t o g o d s accepted by a bailee, in the business, for inspection, custody, storage, repair or other treatment shall, in relation to goods of any class, be construed as references to gololds s f that clasls accepted by him for inspection, custody, storage, repair or other treatment in the course of a business consisting of or comprising the acceptance by him of goods of that class for inspection, custady, storage, repair or other treatment (whether or not the inspection, custody, storage, repair or other treatment is effected by him) wholly or mainly from s who deliver to h i , otherwi in the course

of a business, storage, repair

or other treatment. s of that class for inspection,

(4)

ferences in this the charges sf the b a k e h relatio (a) where an order authorising the sale of the g o d s is obtai

under Part 411 of this Act, be construed as a reference to amount specified in the order authorising the sale in accord- ance with paragraph ( a ) of subsection ( 3 ) of section eleven of this Act and, in addition thereto, the m o u n t , if any, specified in paragraph (b) of that subsection and, in a case where the goods have been sold by virtue of the order, the subsidiary charges which the person authorised #to sell the goods is entitled to make under subsection ( 5 ) of this section;

1

in any case not provided for in paragraph (a) of this section and subject to the provisions of subsection ( 3 ) of section seven of this Act and to the provisions of any agreement between the bailor and the bailee, be construe

to the amount agreed between them as the inspection, custody, storage, repair or other t

goods or, if no amount has been so agreed, a reasonable charge therefor and, in a case where the goods have been sold the foIlowing additional amounts, that is to say:- (i) a reasonable charge for storing the goods during the p e r i d

beginning with the date of the giving of the notice that the g o d s are ready for re-delivery or, where there has been a dispute between the bailor and the bailee, the date on which the dispute was determined, and ending with the date of the sale;

(ii) any costs of or in connection with the sale; and (iii) the cost, if any, of insuring the goods.

(‘5) Where the goods are sold by virtue of an order under

Part

authorising the sale of the goods, the subsidiary charges son authorised to sell the goods is entitled to make are:- (a) a reasonable charge for storing the goods during the peri

beginning with the date of the order authorising the sale of the goods and ending wilth the date of the sale, not exceeding a charge at a rate, if any, specified in the order in accordance with paragraph (c) of subsection ( 3 ) of section eleven d this a c t ;

(b) any costs of or in connection with the sale not exceeding the costs, if any, specified in the order, in accordance with paragraph (c) of that subsection; and

(c) the costs, if any, of insuring the goods.

et. (1) This Act shall apply in relation to the! bail- ment of any go’oids accepted, whether before or after the commencement of this Act, by the bailee, in the course ‘of a business for inspection, custody, storage, repair or other treatment on the terms (express or implied) that they will be re-delivered to the baiIor or in accordance with the bailm’s

(5)

4 DISPOSAL O F UNCOLLECTED GOODS ACT 1967-1973

directions when such goods are ready for re-delivery and on payment to the bailee of such charges as may be agreed between the parties or as may

(2) This Act shall not apply to or with respect to a bail

(other than motor vehi with a warehouseman within the semen’s Liens Act 1973 for storage meaning of section 2 of the W

ss the bailment is in addition to storage of the goo ent of, or in respect of, the goods of a kind or n in subsection (1) other than a kind or nature lawful c

for which are covered, ~ u r s u a n t to section 4 of the ~ ~ ~ e ~ Q ~ ~ e m e ~ ’ ~ iem Act 1973, by the lien conferred by that Act on the warehouseman

in respect of the bailment.

As amended by Act of 1973, No. 18, s. 21 (1).

F

to which this Act applies, are ready for re-delivery but the bailor-

(a> fails to pay or tender to the bailee his charges in relation to the g o d s ; or

( b ) having paid those charges, fails to take delivery of the goods or, if the terms of the bailment so provide, to give directions as to their delivery,

the provisions of any agreement between the bail to the provisions of this Act, and if the bailee d out the inspection, custody, storage, repair Q

e goods, have notice that the goods were comprised in agreement containing a provision prohibiting the creation by the hirer of a lien on the g o d s , the bailee is, while the failure continues,

to sell the goods.

ccepted by him for inspection, custody, storage, repair or ent unless the fdlowing provisions are complied with, that ( a ) where the goods are accepted for inspection, custody, storage, repair or other treatment after the commencement of thk Act, at all premises used or appropriated by the bailee for accept- ing for inspection, custody, storage, repair or other treatment goods of the class to which the goods accepted belong, there is, at the time of the acceptance (whether or not goods are accepted at any such premises), conspicuously displaye in the part of the premises so used or appropriated a notice indicating that the acceptance by the bailee of goods of that class for inspection, cusltdy, storage, repair or other treat- ment is subject to the provisions of this Act, and that this Act

(6)

confers on the bailee a right of sale ~ x e r ~ ~ s a ~ l ~ ire certain circumstances after an iate

the date OB which the g

($1

after the g o d s are Tea commencement of thi gives to the bailor a delivery, being a notic rela'ting to such a notic gives such a notice to gives the notice to the an interest in the goods;

( c ) where at the date of the giving to the bailor of the notice under paragraph ( b ) of this subsection that the g o d s are ready for re-delivery or, if more than one notice was given,

at the date of the giving of the first of the notices, the a ~ ~ ~ n t which the bailee claims to b

relation to the go llars, the bailee ob

ot less than six

of this Act authorising him t ( d ) save where an order un

the bailee to sell the go of the period of six rno

giving of the notice that the goods are ready for re-delivery or, if more than one notice was given, ginning with the date of the giving of the later notices, and not less than twenty-eight days of the goods, the bailee-

( i ) gives to the bailor a notice of his intention to 'sell the g o d s , the r e q ~ ~ ~ e m e n t ~ relating section ( 2 ) of this se43ion;

(ii) gives such a notice to every person who, at the time he gives being a notice complying

to such a notice of the sai

the notice to the bailor, he acstually knows has or claims a interest in the g

causes lsucb a notice to be

goods are included.

(7)

6 s. 7 DISPOSAL OF UNCOLLECTED GOODS

to in subsection ( 1 ) of section nineteen. of this Act and a statement of the sum which the bailee claims to be due to him by way of his charges in relation b Ithe goods, together with-

(a> in the case of a notice that the goods are ready for re-delivery

OF a notice to treat the dispute as determined, a statement that if the bailor fails within the period of six months beginn- ing with the date of the giving of the notice to pay the said sum or, having paid the said sum, to take delivery of the goods or give directions as to their delivery, they are liable to be sold in accordance with the provisions of this Act; and ( b ) in the case of a notice of the bailee's intention to sell the goo

a statement of the date of the giving of the notice to the bai that the g o d s are ready for re-delivery or, where there has been a dispute between the bailor and the bailee, the date cm which the dispute was determined, and a statement that if the bailor fails, within the period of twenty-eight days beginning with the date of the giving of the notice of 'the bailee's i tion to sell the golods, to pay the said sum or, having pai said sum, to take delivery of the

to their dellivery they are liable 'to the provisions of this Act.

r give directions in accordance wi

which the bailee claims

the requirements rellati

(8)

DISPOSAL OF UNCOLLECTED GOODS ACT 1967-1973 S. 7

( 3 ) If the bailor so notifies the bailee that he objects to the notice to treat Ithe dispute as determined, a Magistrates Court held in the district in which are situated the premises where the goods were accepted by the bailee may, on the application ‘of the bailor or bailee-

( a ) make an order specifying the amount which the court deems reasonable in respect of the bailee’s charges, a

making of such an order-

( i ) the dispute sh eated for the purposes of this Act as having bee ined on the date of the or

(ii) the amount spe in the order shall far all purposes be the amount of the bailor’s liability to sthe bailee for the bailee’s charges; and

(iii) where the bailor has pai o ithe bailee an amount in )respect of the bailee’s charges t is in excess of the amount SQ specified, the bailor sh e entitled to recover that excess as a debt in any court of competent jurisdiction; QP“

( b ) refuse to make such an order.

e ~ ~ r ~ s d ~ c t i o n c o n f e ~ r e ~ on ( 3 ) of thiis section shall not be exerci constituted by a stipendiary magistrate

agistrates Court by subsection agistrates Court here a dispute in relation to any goods is determine

subsedon (2) 01 ( 3 ) of this section, or ~ t h e ~ i s ~ ) ( 1 ) of section six of this Aot shall have effect in relation to those goods as if paragraph (b) thereof w e omitted and as if for the reference in paragraph ( d ) sthereof to the ate Isif the giving of the notice that the goods are ready for re-delivery there ere substituted a reference to the date OD which the dispute is deterrnin

the period of 8

and

of this section;

(9)

8 s. 8 DlSPOSAL O F UNCOLLECTED GO0D.S ACT 1967-1973

(b) at all premises used or appropriated by the bailee after the commencement of this Act for accepting for inspection, custody, storage, repair or other treatment, goods of the class to which the goods so accepted belong, there is, throughout the period of six months immediately following the said period of one month or throughout that portion of the said period of six months during which the premises are so used or appropriated, conspicuously displayed in the part of

the premises so used or appropriated a notice indicating that in the case of goods of that class accepted before the commencement of this Act for inspection, custody, storage, repair or other treatment this Act confers on the bailee a right of (sale exercisable in certain circumstances after an interval of not less than seven months from the cornmencement of this Act; and

[of seven months beginning with the commencement of this Act.

(6) the g o d s are not sold before the expiration of the perjo

ere goods are sold by virtue of the fact that the foregoing this section have been complied with, the provisions of have effect in relation to the goods subject to the following

that is to say:-

( a ) for any reference in subsection ( 3 ) of section nine of this Act (to a copy of the notice of the bailee's intention to sell the goods there shall be substituted a reference to a staternent- (i) of the name and issue of the newspaper in which the notice

under subparagraph (i) of paragraph ( a ) of lsubsection (1 ) of this section was published;

(ii) of the name and issue of the newspaper in which the notice, if any, under subparagraph (ii) of paragraph ( a ) of 'that subsection was published; and

(iii) where the notice was also published in the Gazette, of the date and number of that Gazette; and

( b ) for the reference in subparagraph (i) of paragraph (b) of subsection (4) of seotion three of this Act to the giving of the notice that the goods are ready for re-delivery, there shall be substituted a reference to the publication of the notice under paragraph ( a ) of subsection (1) of this seotion or where more than one such notice is published the first of such notices.

notice under paragraph ( a ) of s u b s ~ c ~ ~ o ~ ( 1 ) of this sectio o any goods must contain-

ient description of the class to which the g d s belon e the goods arg a motoq, vehicle, the papticulars of tha

eferred to in subsection ( 1 ) of section nineteen of this in re1

Act;

(10)

ED GOODS ACT 1967-1973 S. 9

e under which the bailee carries on the consisting of or comprising acceptance 016: goods of

inspection, custody, storage, repair or other the address of t

where the bailee is a company, and if the n the six months im publication of the may be, the last s and

(c) a statement that if the bailor of the goods fails within the

sold;

2

(11)

oarat of the proceedls of the sale;

to the goods and the ~ a ~ ~ a ~ t ~ o ~ to which eac ( e ) a statement of each Stem of the charges of the bailee in relation

t otherwise than s are sold pursuant to this

by virtue of an order authorising the sale this Act, the bailee shall, during the geri the date on which the record is prepare

the goods unde

~f six years be nder subsection

that portion of that period of six years during which

aCC rea

arges in relatilm to the

(12)

ACT 1967-1973 s. 10 11

(13)

here the bailee of accepted before the for inspection, cu storage, repair or ot

the c o ~ e n ~ ~ e n t of this Act, know any

ny reference h subsections (4) or (7) of this section to the of giving of the notice that go are ready for re-delivery, there be substituted a reference to the e of the publication of the notice paragraph ( a ) of subsection ( I) of section eight of this Act or where than one such notice is ~ u b ~ i s h ~ ~ , the last of such notices.

te in relation to any goods is ( 2 ) or ( 3 ) of section seven ction (4) of this section shall have effec

~ e f e r e ~ ~ ~ to the date on which the dispute is ~ e ~ e ~ i n ~ ~ ~ goods as if for the reference in that subsection to the date of the givin

of the notice cthat the goods are ready for re-delivery there were substitute ired or a~thorised by this section to be given

]lor ~~s~ ~ o n t a ~ n a sbaficient description of the relates or, where the goods are a motor vehicle,

y the bailee for inspection, c us t ~dy , storage, repair or other ere an a p p l ~ c a t i ~ ~ is made to a agistrates Court in ac this Part, the court-

(a) may make an order arising the applicant to sell the goods in respect of which order is made if they remain in his possession until he is entitled under subsection (7) of this section 40 sell them; or

ay refuse to rn e such an order,

(14)

DISPOSAL OF UNCOLLECTED GOODS ACT 1967-1973 s. 11 13

(3) An order under this section-

( a ) where the bailor has not pa to the bailee the bailee’s charges in re shall specify the amount which the CO ems reasonable in respect of the bailee’s charges;

( b ) shall specify the amount, if any, allowed in respect of the costs of obtaining the order;

(c) may specify, for the purposes of paragraph ( a ) of subsection ( 5 ) of section three of this Act, a rate of storage charges, and for the purposes of paragraph (b) of {that subsection, the amount that may be incurred in respect of the costs of or in connection with the sale; and

) shall prohibit the sale of the goods specified in the order until the expiration of a period of twenty-eight days or such lesser period as may be specified in the order, after the date of the order.

( 4 ) The amount specified in accordance with paragraph ( a ) of subsection ( 3 ) of this section shall, for all purposes, be the amount of the liability of the bailor of the goods for the charges of the applicant for the order.

(5) The power of a court to make the order under this section authorising the sale of goods shall be subject to the provisions of any agreement between the bailor of the goods and the applicant for the order.

here at the date referred to in paragraph (c) of subsec n six of this Act the amount which the bailee claims to be

of his charges in relation to the repair of th ne hundred dollars, the c o u e shall not

applicant to sell the goods unless the bail

an order in writing for the repair of the goods signed by or on behalf of the bailor or the court is satisfied that it was reasonable in the circumstances that such an order was not obtained.

n applicant in whose favour an order is made under this section is entitled, subject to the order an e provisions of this Act, to sell the goods specified in the order.

person to recover the goods specified in the order by an action commenced before the s d e of the goods by virtue of the order.

any such action is so commenced, the right of the person vour the order is made to sell the goods shall be suspended until that action has been heard and determined and if in that action an order is made for the recovery of the goods from the person in whose favour the order was made, that person’s right to sell the g o d s shall

cease and determine.

section shall not be exercised except by a by a stipendiary magistrate sitting alone,

n order under this section shall not affect the ri

( 10) The jurisdiction conferred on

(15)

DISPOSAL OF UNCOLLECTED G

( 1 1 ) The procedure of a agistrates Court in relation to an application under this section shall be as prescribed by “The 3 Acts, 1886 to 1965” or insofar as it is not so prescribed, as the court determines.

this Act w ~ ~ c ~

in respect of any goods shall as respects rights or obligations are vested in any ot respect of that other person.

e The powers conferred n a d d ~ ~ i o n to and n

~m i~dependent~y of this

notice required or authorise by this a c t to

known place of abo parently an inmate thereof tly of or over the age of osting it addressed to him at his last known place of sixteen years; 01:

( a ) of any defect or want of title in the bailor; an

have been complied with shall be upon the bailee.

1 here the bailor

of any goods is not the owner thereof and the goods are sold by the bailee in the exercise or purported exercise of his powers under this Act without notice by the bailee to the owner, the owner shall not be entitled to the return of the goods but shall have the same rights in

(16)

OSAL O F UNCOLLECTED GOODS ACT 1967-1973 ss. 17-19 15

respect of the proceeds of the sale of the goods buyer by virtue of the provisions of this

he would have in respect of the goods if the property t not passed to

s, (1) At any time rson claiming any bailee the amount ailee includ~ng the wing notices, in e up to the time of p a y m e ~ t ~

ossession of the goods according to the contract (express or implied) for the acceptance of the goods.

ot ce e

There shall be i encu~brance over or

in respect of any goods in favour of the grantee or encumbrancee, a covenant that the amount of any payment

to those goods in terms of section seventeen

to or be deemed to be included in, the p ~ ~ ~ c ~ p a such bill of sale or other ~ ~ ~ u m b r a ~ c e ~

of the provisions of this Act, he shall, not less than o making any application for an ~ r d e

of this Act, give notice to the ~ ~ ~ ~ i s s ~ o ~ e r of Police of his ~ n t ~ ~ t i o n to sell, or to ake applicat~on to sell, the vehicle,

together with the particulars of th ake, model type, colour, registration number, chassis number f any), body number (if any),

how and when it came into his

vehicle is removed pursuant to the contract ere accepted by the bailee and the number nished under this subsection, the notice under ber of the vehicle a

this subsection shall include the number of the part so removed.

pon receipt of any such notice and particulars, the cause a search to be made of the records in his cu shall forward to the bailee a certificate as to whether or not vehicle referred to is for the time being recorded as stolen.

of this Act, or makes an application for an order under

this Act to sell vehicle, without first btained from the

Commissioner of cle is not recorded

for the time being as stolen, is guilty of an offence against this Act.

( 3 ) Any bailee who sells a motor vehicle by virtue of th e a certificate that the

(17)

16 SS. 20-23 DISPOSAL O F UNCOLLECTED GOODS A

( 4 ) In any proceedings arising out of the sale of a motor vehicle by virtue of the provisions of this Act, a certificate purporting to be signed by the Commissioner of ect that any motor vehicle was or was not at any ti certificate recorded as being stolen shall be prim* facie evidence of the facts stated therein.

in relation to th e hands of the bail

le pay those mon have previously

surplus of any moneys to the person o that person a copy of the record prepared by the bailee in relation to the goods in accordance with the requirements of subsection ( 2 ) of section nine of this Act.

(3) Any moneys paid to the eensland under

this section slhall be held by him on for the time being entitled thereto, and such person shall be entitled to be repaid such sum less any prescribed charges. Any such sum lying unclaimed in the hands of the ublic Curator of laeensland for a period of six years shall be ‘deemed to be unclaimed moneys under and within the meaning of “The Public Curator Acts, I915 t o 1957” and shall be dealt with accordingly.

ublic Curator of behalf of the p

eady for re-delivery, the owner may, at a reasonable time upon reasonable notice to the bailee, enter upon the premises of the bailee whereat the goods are kept under the bailment and inspect the goods.

here a bailee fails to permit the exercise by an owner of the right conferred by subsection (1) of this section, a court may refuse to make an order under section eleven of this Act.

ties se (1) A person guilty of an offence

against this Act is liable to a penalty not exceeding Two hundred dollars or to imprisonment for a term not exceeding three months or to both such penalty and imprisonment.

( 2 ) Proceedings for an offence against this Act may be taken by way of summary proceedings under “The Justices Acts, 1886 to 1965.”

s. (1) The Governor in Council may make regula- tions not inconsistent with this Act providing for all matters and things (whether general or to meet particular cases) which are necessary or convenient for the administration of this Act or for carrying this Act into effect.

(18)

COLLECTED GOODS 1967-1993 4;. 17

( 2 ) The regulations may impose a penalty not exceeding ( 3 ) Every regulation made under this

( a ) be published in the Gazette;

(b) upon its publication in the Gazetee be judicially noticed dollars for any breach thereof.

such publication shall be conclusive evidence of the mat contained therein;

( 6 ) take effect from the date of such publication, unless in the regulation, a later date is specified in that lation for its commencemen

effect from that later date;

Legislative Assembly ~ i ~ ~ i r m blication if the Legislative

session, and if not, then within fourteen sitting days after the commencement of the next session.

ssernbly passes a resoIutiorm of which notice has been given at any time within fourteen sittin ays after any such regulation has been laid before the Legislative sembly disallowing such regulation or part thereof, that regulation o I? shall% thereupon cease to have effect, but w~thQut pr

contained in the meantime or to the

to the validity of a further re

ce of 31938,” and

“T

60428-By Authority: S. W. HIAMPSON, Government Printer, Queensland

(19)
(20)

Act-

ambulatory operation of . .

application of . . .

commencement of . . . .

division of, into parts

notices required or authorized 6;

repeals within . . .

savings of powers outside . .

Short title . . .

when application of, not to apply

. .

Auulication-

. . . . . . . . . . . . . . . . . . . . . . . . . . .

- _

for an order to sell

for an order to sell goods', by bailee io. sell goods ready for re-delivery

. . .

of Act . . .

Bailee-

acceptance of goods by, before commencement of Act

.

.

burden of proof of, for proceedings against title of buyer

. .

charges of the, in relation to any goods . . .

duties of, for orders to sell . . .

duty of, where bailor not owner of goods . . .

duty of, re records . . . . . . .

goods accepted by a, in the course of

a

business . . . .

rights of, re excessive changes , . . . . .

right of, to apply for order to sell gobds where goods are rights of, t o sell goods accepted for treatment but not re- rights of, to sell goods suspended upon dispute re charges, etc.

where bailor fails to notify, that there is objection to notice .

.

where bailor so notifies, of objection of notica . . . .

where goods are motor vehicles

$0 comply with certain provisions to bk'entitieh to sei1 goo&

duties of, for orders to sell . . .

rights of, re excessive charges . . . . .

rights of, where goods owned are sold ,;;der this Act . . . .

where, fails to notify bailee that there i s an objection lo notice where, fails Po pay charges re goods . . .

where, not owner of goods . . .

where, so notifies bailee of objeciive or dotice . . . .

provision to be implied in, or other encumbrance

of goods sold pursuant to this Act to acquire a good title . *

duty re disposal of nett proceeds of sale of goods

duty re provisions for payment before sale of goods . . . . ..

ready for re-delivery delivered

Bailor-

Bill of sale- Buyer-

. . . .

Certificate- Charges-

issued where goods sold are motor vehicles . . .

duty of bailee re, where there are excess proceeds after sale of goods

of the bailee re any goods

rights of bailee and bailor re excessive

where bailor fails to pay, re goods . . .

of Act . . .

Provisions applicable re goods accepted before . . . . . . .

. . .

Commencement-

s. 12 ,.

4 2 ..

14 r .

24 ..

13 1 c i j ' 4 (2) 11 ..

80 . "

4

..

I (2j'

8 15 c2i *

3 (4) ( 5 ) 11 ..

..

..

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..

. *

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..

* .

.. ..

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* "

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..

. I )

..

..

" .

..

..

..

..

8 . . . .

.. ..

.. ..

..

..

. . .. ..

. .

..

..

..

.I

.. ..

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..

..

S.

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~.

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. . . .

Page 14 4

1 1.

14 17 14 1 4 12 10 4

7 14 12 2 16 16 15 io 2 9 10 4 6 6 7 15 4

12 9 14 4 6 14

7 1%

14

19

16 3 9 4

(21)

20 INDEX

Commissioner of Police-

duty where goods sold are Motor Vehicles . . .

when, receives notice of parts of Motor Vehicle having b e n removed, duty thereof

costs- CUStOdy-

re the sale of goods by the bailee

goods accepted for . . .

limitation o n bailee to sell goods . . . . . . .

re goods accepted by a bailee in the course 0; business

.

.

DisposaI-

Division of Act into Parts

of nett proceeds of sale of goods . . . . . . .

Encumbrance-

provision Po be implied in a Bill of Sale or other . . . .

Goods--

accepted by a bailee in ehe course of a business . . . .

bailee's rights to sell, suspended upon dispute arising re buyer of, sold pursuant to this Act to acquire a good title

. .

deemed to be ready for, re-delivery . . .

disposal of nett proceeds of sale of . . .

notice of bailee re intention to sell . . .

procedure after sale of, under the Act . . .

provisions applicable re, accepted before commencement of provisions for payment before sale of . . .

provisions where, are Motor Vehicles . . .

re, accepted for custody . . .

re, accepted for inspection . . .

re, accepted for repair . . .

re, accepted for other treatment . . .

re, provision to be implied in Bill of Sale or other encumbrance right of bailee to apply for an order to sell, ready for re-delivery rights of bailees to sell, accepted for treatment but not rights of owner of, sold under this Act . . .

rights of owner bo inspect . . .

sale of, by bailee and charges thereof . . .

to comply with certain provisions to be entitled to sell

.

.

where an application for an order for the sale of, to be made where dispute determined . . .

may make regulations not inconsistent with this Act charges, etc.

Act

re-delivered

to a Magistrates Court Governor in Council-

.

.

WirePurcbase agreement-

meaning of term . . .

Inspection-

goods accepted for . . .

limitation on bailee to seii goods' .. * .

re goods accepted by a bailee in the co;;se of; business . .

Jnterpretation. See Meaning of terms.

.. . .

..

..

..

.. ..

..

..

.. ..

..

..

.. ..

.. ..

.. ..

.. ..

* .

..

..

..

..

..

..

..

..

.. ..

. ,

.. . .

. ,

..

..

..

. .

.. . .

Page 15 15

3

2 4 2

16

B

1.5

2 6 14

2 16

9 5 7 I5 I5 2 2 2 2 15 PO

4 14 86 3 4 62

7 16

I

4 2

a

(22)

INDEX

Jurisdiction-

of Magistrates Court . . . .

of Magistrates Court re appiication' for orders to sell

. .

Legislative Assembly-

disallowance of regukations by . . .

regulations to be laid before . . .

Magistrates Court-

application for an order EO sell under s. 11 to be made to a

. .

jurisdiction conferred on . . .

jurisdiction of, re application f o y o r d e g t o sell goods

. .

may refuse to make order under s. 11 of Act re s. 21

. .

meaning ofterm . , . . . . .

notice of bailees intent to apply'io

order to be made by, when bailor notifies ba;l& of object&

proceedings for an offence go to . . .

power of, to make order under s. 11 . . .

procedure of, re orders to sell . . .

meaning of team . . .

Hire-Purchase Agreement . . .

Magistrates Court . . .

Magistrates Court Districi . . .

Motor Vehicle . . .

of notice

Magistrates Court DistKict- Meaning of terms-

Motor Vehicle-

meaning of term . . . . . . .

notice required where any part of a, is remo

special provisions applicable to sale o f . . . . . . .

Notice-

general provision . . .

of bailee's intention to apply to court . . .

required of bailees intention to sell goods . . .

when no application for an order under s. 11 to be made

.

.

where bailor fails to notify bailee of objection to

. . . .

where goods are motor vehicles ..

".

where parts of a Motor Vehicle are removed' . . .

Offence- Order-

general provision . . .

application for, by bailee to sell goods ready for delivery .

.

general provisions re, to sell

. . .

goods accepted for . . .

limitation on bailee to self goods . . . .

re goods accepted by a bailee in the c&me of'a business .

.

right of, to inspect goods Other treatment-

Owner-

. . .

..

..

..

..

e .

..

..

.. ..

..

..

..

..

..

..

..

.. ..

..

..

..

.. ..

o .

.. ..

.. ..

..

. *

..

.. ..

..

21 . . . . ..

..

..

a .

..

..

.. ..

.. ..

..

..

..

...

..

.. ..

..

..

..

..

..

.

,.

..

. <

..

..

.. ..

..

.. ..

. e

..

..

..

21

Page 7 13

17 17

12 7 13 16 1 6 7 16 13 14 2 1 1 2 2 2 I5 15

14 6 1 I 5 15 6 15

16 10 12 2 4 2 16

(23)

INDEX 22

Payment-.

provisions for, before sale of good5

.

.

. . .

.

. .

re implied provision in Bill of Sale or other Encumbrance .

.

Penalties-

general provision * .

.

.

. . . .

.

. .

.

re regulations

. .

. . . .

. . .

.

. . . .

Proceeds-

disposal of nett, of sale of goods * .

.

.

. .

.

Public Curator of Queensland-

duty. re disposal of nett proceeds of sale of goods

. .

. .

RWOrd-

bailee bo prepare

.

. . .

.

. .

.

. .

.

.

.

.

bailee to submit to ckrk of the court

. . .

. . .

.

.

may be inspected .

. . . . . . .

. . .

.

Rwielivery-

goods deemed to be ready for

rights of bailee to apply for an orde; ’to seil‘ goods; where rights of bailee to sell goods accepted for treatment where where goods ready for, the owner’s duty thereafter

. . . .

.

goods are ready for there is no Regulations-

disallowance of, by Legislative Assembly

. . .

. . .

general provision

.

.

.

.

. .

. . . .

to be laid before Legisla&e Assembly

..

.. ..

Repair-

goods accepted for .

. . .

.

. .

. .

. .

.

limitation on bailee to sell goods .. ..

re goods accepted by a bailee in the c&se of a business .

.

Repeals . . . . . . . . . . . .

. .

. . .

.

Sale of goods-

s

by bailee and charges thereof

. .

,

. . . .

.

.

dispose of nett proceeds of

. .

. .

. . . . .

.

procedure after, under this Act

.

.

. . . . . .

provisions for payment before

. . .

. .

. . . . .

where goods are Motor Vehicle

. . . . . . . .

Savings-

o f powers outside Act

.

. . . .

. . .

,

.

,

.

Short title of Act . . . . .

.

. .

. . . .

.

.

Storage-

goods accepted for

.

.

.

.

. . .

. .

.

. .

limitation on bailee to sell goods

re goods accepted by a bailee in the c o & e if’a buskess

. .

..

..

.. ..

..

..

.. ..

..

.. ..

..

..

.. ..

..

.. ..

..

..

.. ..

.. ..

..

..

..

..

..

..

.. ..

. * ..

.. ..

..

..

..

..

..

.. . . ..

..

. .

..

..

..

..

. , . ,

..

. ,

..

.. . . ..

Page 15 15 16 17 16 16

10 10 10 2 I O 4 16 17 16 17 2 4 2 17

3 16 IS 9 15 14 14 2 4 2

_. .. . _

60428-By Authority: S. R HAMPSON. Government Printcr, Quccnslmd

Referensi

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