“Queensland Statute Reprints”

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“Queensland Statute Reprints”

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©State of Queensland

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QUEENSLAND

WAREHOUSEMEN'S LIENS

REGULATIONS 1988

WITH AN INDEX

(Compiled to 1 August, 1990)

This reprint has been prepared under the Authority of the Parliamentary Counsel's Office

BY AUTHORITY:

S. R. HAMPSON, GOVERNMENT PRINTER, QUEENSLAND-1990

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REGULATIONS 1988

ANALYSIS OF CONTENTS

1. Short Title 2. Commencement 3. Repeal

4. Forms 5. Interpretation 6. Notice of Claim

7. Application for stay of proceedings to sell goods 8. Substituted service of notice by warehouseman 9. Charges

SCHEDULE

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QUEENSLAND

WAREHOUSEMEN'S LIENS REGULATIONS

1988 [Reprinted as at 1 August, 1990]

[Regulations published Gazette 28 May 1988, pp. 737-739.]

Department of Justice Brisbane, 26th May, 1988 HIS Excellency. the Governor, acting by and with the advice of the Executive Council and in pursuance of the provisions of the Warehousemen's Liens Act 1973, has been pleased to make the following regulations.

PAUL CLAUSON 1. Short Title. These regulations may be cited as the Warehousemen's Liens Regulations 1988.

2. Commencement. These regulations shall come into operation on 1st July, 1988.

3. Repeal. The Warehousemen's Liens Regulations 1973 are repealed.

4. Forms. ( 1) The forms set forth in the Schedule hereto shall be used for the purposes for which they are respectively applicable.

(2) A form prescribed by these regulations shall be completed in accordance with such directions as are specified in the prescribed form.

(3) In these regulations a reference to a form by number is a reference to a form in the Schedule which bears that number.

5. Interpretation. In these regulations, unless a contrary intention appears-

" Act" means the Warehousemen's Liens Act 1973.

6. Notice of Claim. A person claiming to be the owner of goods deposited with a warehouseman or of an interest therein or to be entitled to some charge thereon may for the purpose of the Act serve upon the warehouseman a notice of claim in Form 1.

7. Application for stay of proceedings to sell goods. (1) For the purposes of section 6 ( 6) of the Act a person having an interest in goods intended to be sold by a warehouseman shall make application in

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writing to the Clerk of the Court in the Magistrates Court District in which are situated the premises where the goods are deposited and the application shall set out-

(a) a sufficient description of the goods;

(b) the sum claimed by the warehouseman to be due as warehousemen's charges; and

(c) the reasons why proceedings to sell the goods should be stayed.

(2) The Clerk of the Court shall upon receipt of an application referred to in subregulation (1) forthwith appoint a time and place for the application to be heard.

(3) An applicant under subregulation (1) shall at least three (3) days before the date appointed for the hearing give notice to the warehouseman of the time and place of the hearing.

8. Substituted service of notice by warehouseman. ( 1) If the person to whom a notice shall be given in accordance with section 5 or section 6 of the Act is unknown to .the warehouseman or where no address of any such person is known to the warehouseman, the notice may be given by advertisement in accordance with this regulation.

(2) The advertisement shall include a full copy of the notice and shall be published in the Gazette and-

(a) in a newspaper published in Brisbane and circulating through the State; and

(b) in a newspaper, if any, published in the district in which are situated the premises where the goods are deposited.

(3) For the purposes of the Act the notice shall be deemed to have been given on the day upon which the last of such advertisements was published.

9. Charges. (1) The Public Trustee of Queensland shall in relation to moneys paid to him under the Act, be entitled to-

(a) retain out of each payment made in respect of a separate deposit of goods such commission and fees as shall be payable pursuant to the Public Trustee Act 1978-1985 and regulations thereunder in respect of moneys received by him under Part VIII of the said Act; and

(b) deduct from any moneys so paid, all expenses incurred by him in relation thereto including the investigation of the claim of any person to be entitled thereto.

(2) The Public Trustee of Queensland may reduce or dispense with payment of such commission and fees in any case in which he considers hardship exists.

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Sch. f.l WAREHOUSEMEN'S LIENS REGULATIONS 1988

Schedule Form 1 QUEENSLAND Warehousemen's Liens Act 1973 Warehousemen's Liens Regulations 1988

NOTICE OF CLAIM To: (insert name and address of warehouseman)

Sch. f.l 3

I (insert full name of claimant) hereby give you notice that I claim to be the owner of the goods described in the Schedule hereto, or of an interest therein to the extent hereinafter set forth, or to be entitled to some charge thereon to the extent hereinafter set forth which goods were deposited with you by on or about

the day of 19 .

(If an interest only in the goods or an entitlement to some charge only on the goods is claimed the extent thereof should be here stated). I hereby authorise you to serve all notices to me required by the said Act at the following address (insert full address of claimant).

Schedule

(Insert particulars of the goods in respect of which the claim is made).

Dated this day of , 19 .

Signature of Claimant.

Witness:

BY AUTHORITY

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INDEX

TO THE

WAREHOUSEMEN'S LIENS REGULATIONS 1988

Page

A

Acts-

meaning of term reg. 5

Application for stay of proceedings to sell goods-

applicant shall give notice to warehouseman re hearing of . 7 (3) 2

details required re 7 (1) 1

shall he made to Clerk of The Court . 7 (1) 1

upon receipt of, hearing shall he set 7 (2) 2

c

Charges-

Public Trustee may exercise discretion re. 9 .. 2

Clerk of the Court-

application for stay of proceedings to sell goods to he made to . 7 (1) shall appoint time and place for hearing of stay of proceedings . 7 (2)

Commencement of regulations 2

F

Forms-

application of 4 (I)

completion of 4 (2)

notice of claim .. Sch. f. 1

I

Interpretation. See Meaning of term.

M

Meaning of term-

Act reg. 5

N

Notice-

re substituted service by warehouseman 8 .. 2

Notice of Claim-

form re Sch. f. 1

may he served upon warehouseman reg. 6 ..

(9)

Public Trustee of Queensland- entitlements re ..

may exercise discetion re charges payable

Regulations- commencement of . short title of

p

R

Repeal of Warehousemen's Liens Regulations 1973

Short title of regulations Stay of proceedings to sell goods-

application for ..

Substituted service of notice by warehouseman- publication of

s

w

Warehouseman-

notice of claim may be served upon . to receive notice of hearing . re stay of proceedings to sell goods substituted service of notice by Warehousemen's Liens Regulations 1973-

repeal of

BY AUTHORITY

reg. 9 (I) 9 (2)

2 I 3 ..

7.

8 .

6.

7 ..

7 8

3

I 09348 (IJU000)-8/90

Page

2 2

2

I I I 2