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Queensland

Sale of Goods Act 1896

Reprinted as in force on 18 July 1994

Reprint No. 1*

This reprint is prepared bythe Office of the Queensland Parliamentary Counsel

Warning—This reprint is not an authorised copy

* Minor differences in presentation between this reprint and another reprint with the same number are dueto the conversion to new styles. The content has not changed.

Information about this reprint
This Act is reprinted as at 18 July 1994. The reprint—• shows the law as amended by all amendments that commenced on or before that day

(Reprints Act 1992 s 5(c))• incorporates all necessary consequential amendments, whether of punctuation,

numbering or another kind (Reprints Act 1992 s 5(d)).

The reprint includes a reference to the law by which each amendment was made—see listof legislation and list of annotations in endnotes. Also see list of legislation for anyuncommenced amendments.

Minor editorial changes allowed under the provisions of the Reprints Act 1992 mentionedin the following list have also been made to—• update citations and references (Pt 4, Div 2)• update references (Pt 4, Div 3)• express gender specific provisions in a way consistent with current legislative

drafting practice (s 24)• use standard punctuation consistent with current legislative drafting practice (s 27)• use expressions consistent with current legislative drafting practice (s 29)• relocate marginal or cite notes (s 34)• use aspects of format and printing style consistent with current legislative drafting

practice (s 35)• omit provisions that are no longer required (s 39)• omit unnecessary referential words (s 41)• omit historical notes (s 42)• omit the enacting words (s 42A)• number and renumber provisions and references (s 43).

This page is specific to this reprint. A table of reprints is included in the endnotes.

Also see endnotes for information about—• when provisions commenced• editorial changes made in the reprint, including—

• table of changed names and titles• table of obsolete and redundant provisions• table of renumbered provisions• table of comparative legislation.

Queensland

Contents

Page

Part 1 Preliminary

1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

3 Interpretation of terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

Part 2 Formation of the contract

Contract of sale

4 Sale and agreement to sell. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

5 Capacity to buy and sell . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

Formalities of the contract

6 Contract of sale, how made . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

Subject matter of contract

8 Existing or future goods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

9 Goods which have perished . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

10 Goods perishing before sale, but after agreement to sell . . . . . . . 8

The price

11 Ascertainment of price . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

12 Agreement to sell at valuation . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

Conditions and warranties

13 Stipulations as to time . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

14 When condition to be treated as warranty . . . . . . . . . . . . . . . . . . 10

15 Implied undertaking as to title etc. . . . . . . . . . . . . . . . . . . . . . . . . 10

16 Sale by description . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

17 Implied conditions as to quality or fitness. . . . . . . . . . . . . . . . . . . 11

Sale by sample

18 Sale by sample. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

2


Part 3 Effects of the contract

Transfer of property as between seller and buyer

19 Goods must be ascertained . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

20 Property passes when intended to pass . . . . . . . . . . . . . . . . . . . 13

21 Rules for ascertaining intention . . . . . . . . . . . . . . . . . . . . . . . . . . 13

22 Reservation of right of disposal . . . . . . . . . . . . . . . . . . . . . . . . . . 14

23 Risk prima facie passes with property . . . . . . . . . . . . . . . . . . . . . 15

Transfer of title

24 Sale by person not the owner. . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

25 Sale under voidable title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

26 Revesting of property in stolen goods on conviction of offender . 16

27 Seller or buyer in possession after sale . . . . . . . . . . . . . . . . . . . . 16

28 Effect of writs of execution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

Part 4 Performance of the contract

29 Duties of seller and buyer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

30 Payment and delivery are concurrent conditions . . . . . . . . . . . . . 18

31 Rules as to delivery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

32 Delivery of wrong quantity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

33 Instalment deliveries. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

34 Delivery to carrier . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

35 Risk where goods are delivered at distant place . . . . . . . . . . . . . 20

36 Buyer’s right of examining the goods . . . . . . . . . . . . . . . . . . . . . . 20

37 Acceptance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

38 Buyer not bound to return rejected goods . . . . . . . . . . . . . . . . . . 21

39 Liability of buyer for neglecting or refusing delivery of goods. . . . 21

Part 5

Rights of unpaid seller against the goods

40 Unpaid seller defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

41 Unpaid seller’s right . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

Unpaid seller’s right of retention

42 Seller’s right of retention. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23

43 Part delivery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23

44 Termination of right of retention . . . . . . . . . . . . . . . . . . . . . . . . . . 23

Stoppage in transitu

45 Right of stoppage in transitu. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24

46 Duration of transit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24

47 How stoppage in transitu is effected. . . . . . . . . . . . . . . . . . . . . . . 25

3


Resale by buyer or seller

48 Effect of sub-sale or pledge by buyer . . . . . . . . . . . . . . . . . . . . . . 25

49 Sale not generally rescinded by lien or stoppage in transitu . . . . 26

Part 6 Actions for breach of the contract

Remedies of the seller

50 Action for price . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27

51 Damages for non-acceptance . . . . . . . . . . . . . . . . . . . . . . . . . . . 27

Remedies of the buyer

52 Damages for non-delivery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28

53 Specific performance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28

54 Remedy for breach of warranty . . . . . . . . . . . . . . . . . . . . . . . . . . 28

55 Interest and special damages . . . . . . . . . . . . . . . . . . . . . . . . . . . 29

Part 7 Supplementary

56 Exclusion of implied terms and conditions . . . . . . . . . . . . . . . . . . 29

57 Reasonable time a question of fact . . . . . . . . . . . . . . . . . . . . . . . 29

58 Rights etc. enforceable by action . . . . . . . . . . . . . . . . . . . . . . . . . 30

59 Auction sales . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30

61 Savings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30

Endnotes

1 Index to endnotes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32

2 Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . 32

3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33

4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33

5 List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33

6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34

7 Table of changed names and titles . . . . . . . . . . . . . . . . . . . . . . . . . . . 34

8 Table of obsolete and redundant provisions . . . . . . . . . . . . . . . . . . . . 34

9 Table of renumbered provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35

10 Table of comparative legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36

s 1 5 s 3



[as amended by all amendments that commenced on or before 18 July 1994]

An Act for codifying the law relating to the sale of goods

Part 1 Preliminary

1 Short title

This Act may be cited as the Sale of Goods Act 1896.

2 Commencement

This Act shall come into operation on 1 January 1897.

3 Interpretation of terms

In this Act—

action includes counterclaim and set-off;

buyer means a person who buys or agrees to buy goods;

contract of sale includes an agreement to sell as well as a sale;

delivery means voluntary transfer of possession from oneperson to another;

document of title to goods has the same meaning as it has inthe Factors Act;

Factors Act means the Factors Act 1892;

fault means wrongful act or default;

future goods means goods to be manufactured or acquired bythe seller after the making of the contract of sale;

goods includes all chattels personal other than things in actionand money, and also includes emblements and things attached

s 3 6 s 3


to or forming part of the land which are agreed to be severedbefore sale or under the contract of sale;

plaintiff includes a defendant counterclaiming;

property means the general property in goods and not merelya special property;

quality of goods includes their state or condition;

sale includes a bargain and sale as well as a sale and delivery;

seller means a person who sells or agrees to sell goods;

specific goods means goods identified and agreed upon at thetime a contract of sale is made;

warranty means an agreement with reference to goods whichare the subject of a contract of sale but collateral to the mainpurpose of such contract, the breach of which gives rise to aclaim for damages but not to a right to reject the goods andtreat the contract as repudiated.

(2) A thing is deemed to be done in good faith within themeaning of this Act when it is in fact done honestly, whetherit is done negligently or not.

(3) A person is deemed to be insolvent within the meaning of thisAct who either has ceased to pay the person’s debts in theordinary course of business, or cannot pay the person’s debtsas they become due, whether the person has committed an actof insolvency or not.

(4) Goods are in a deliverable state within the meaning of thisAct when they are in such a state that the buyer would underthe contract be bound to take delivery of them.

s 4 7 s 5


Part 2 Formation of the contract

Contract of sale

4 Sale and agreement to sell

(1) A contract of sale of goods is a contract whereby the sellertransfers or agrees to transfer the property in goods to thebuyer for a money consideration, called the price.

(1A) There may be a contract of sale between one part owner andanother.

(2) A contract of sale may be absolute or conditional.

(3) When under a contract of sale the property in the goods istransferred from the seller to the buyer the contract is called asale; but when the transfer of the property in the goods is totake place at a future time or subject to some conditionthereafter to be fulfilled the contract is called an agreement tosell.

(4) An agreement to sell becomes a sale when the time haselapsed or the conditions have been fulfilled subject to whichthe property in the goods is to be transferred.

5 Capacity to buy and sell

(1) Capacity to buy and sell is regulated by the general lawconcerning capacity to contract, and to transfer and acquireproperty.

(2) However, when necessaries are sold and delivered to an infant,or to a person who by reason of mental incapacity ordrunkenness is incompetent to contract, the person must pay areasonable price therefor.

(3) In this section—

necessaries means goods suitable to the condition in life ofsuch infant or other person, and to his or her actualrequirements at the time of the sale and delivery.

s 6 8 s 10


Formalities of the contract

6 Contract of sale, how made

(1) Subject to the provisions of this Act and of any statute in thatbehalf, a contract of sale may be made in writing (either withor without seal), or by word of mouth, or partly in writing andpartly by word of mouth, or may be implied from the conductof the parties.

(2) This section does not affect the law relating to corporations.

Subject matter of contract

8 Existing or future goods

(1) The goods which form the subject of a contract of sale may beeither existing goods, owned or possessed by the seller, orfuture goods.

(2) There may be a contract for the sale of goods, the acquisitionof which by the seller depends upon a contingency which mayor may not happen.

(3) When by a contract of sale the seller purports to effect apresent sale of future goods, the contract operates as anagreement to sell the goods.

9 Goods which have perished

When there is a contract for the sale of specific goods, and thegoods without the knowledge of the seller have perished at thetime when the contract is made, the contract is void.

10 Goods perishing before sale, but after agreement to sell

When there is an agreement to sell specific goods, andsubsequently the goods, without any fault on the part of theseller or buyer, perish before the risk passes to the buyer, theagreement is avoided.

s 11 9 s 13


The price

11 Ascertainment of price

(1) The price in a contract of sale may be fixed by the contract, ormay be left to be fixed in manner thereby agreed, or may bedetermined by the course of dealing between the parties.

(2) When the price is not determined in accordance withsubsection (1) the buyer must pay a reasonable price.

(3) What is a reasonable price is a question of fact dependent onthe circumstances of each particular case.

12 Agreement to sell at valuation

(1) When there is an agreement to sell goods on the terms that theprice is to be fixed by the valuation of a third party, and suchthird party cannot or does not make such valuation, theagreement is avoided.

(1A) However, if the goods or any part thereof have been deliveredto and appropriated by the buyer the buyer must pay areasonable price for them.

(2) When such third party is prevented from making the valuationby the fault of the seller or buyer, the party not in fault maymaintain an action for damages against the party in fault.

Conditions and warranties

13 Stipulations as to time

(1) Unless a different intention appears from the terms of thecontract, stipulations as to time of payment are not deemed tobe of the essence of a contract of sale.

(1A) Whether any other stipulation as to time is of the essence ofthe contract or not depends on the terms of the contract.

(2) In a contract of sale—

month means prima facie calendar month.

s 14 10 s 15


14 When condition to be treated as warranty

(1) When a contract of sale is subject to any condition to befulfilled by the seller, the buyer may waive the condition, ormay elect to treat the breach of such condition as a breach ofwarranty, and not as a ground for treating the contract asrepudiated.

(2) Whether a stipulation in a contract of sale is a condition thebreach of which may give rise to a right to treat the contract asrepudiated, or a warranty the breach of which may give rise toa claim for damages but not to a right to reject the goods andtreat the contract as repudiated, depends in each case on theconstruction of the contract.

(2A) A stipulation may be a condition, though called a warranty inthe contract.

(3) When a contract of sale is not severable, and the buyer hasaccepted the goods, or part thereof, or when the contract is forspecific goods the property in which has passed to the buyer,the breach of any condition to be fulfilled by the seller canonly be treated as a breach of warranty and not as a ground forrejecting the goods and treating the contract as repudiated,unless there is a term of the contract, express or implied, tothat effect.

(4) This section does not affect the case of any condition orwarranty, the fulfilment of which is excused by law by reasonof impossibility or otherwise.

15 Implied undertaking as to title etc.

In a contract of sale, unless the circumstances of the contractare such as to show a different intention, there is—

(a) an implied condition on the part of the seller that in thecase of a sale the seller has a right to sell the goods, andthat in the case of an agreement to sell the seller willhave a right to sell the goods at the time when theproperty is to pass;

(b) an implied warranty that the buyer shall have and enjoyquiet possession of the goods;

s 16 11 s 17


(c) an implied warranty that the goods shall be free fromany charge or encumbrance in favour of any third party,not declared or known to the buyer before or at the timewhen the contract is made.

16 Sale by description

When there is a contract for the sale of goods by descriptionthere is an implied condition that the goods shall correspondwith the description; and if the sale is by sample, as well as bydescription, it is not sufficient that the bulk of the goodscorresponds with the sample if the goods do not alsocorrespond with the description.

17 Implied conditions as to quality or fitness

Subject to the provisions of this Act and of any statute in thatbehalf, there is no implied warranty or condition as to thequality or fitness for any particular purpose of goods suppliedunder a contract of sale, except as follows—

(a) when the buyer, expressly or by implication, makesknown to the seller the particular purpose for which thegoods are required, so as to show that the buyer relies onthe seller’s skill or judgment, and the goods are of adescription which it is in the course of the seller’sbusiness to supply (whether the seller is themanufacturer or not), there is an implied condition thatthe goods shall be reasonably fit for such purpose;

(b) however, in the case of a contract for the sale of aspecified article under its patent or other trade name,there is no implied condition as to its fitness for anyparticular purpose;

(c) when goods are bought by description from a seller whodeals in goods of that description (whether the seller isthe manufacturer or not) there is an implied conditionthat the goods shall be of merchantable quality;

(d) however, if the buyer has examined the goods, there isno implied condition as regards defects which suchexamination ought to have revealed;

s 18 12 s 19


(e) an implied warranty or condition as to quality or fitnessfor a particular purpose may be annexed by the usage oftrade, if the usage is such as to bind both parties to thecontract;

(f) an express warranty or condition does not negative awarranty or condition implied by this Act unlessinconsistent therewith.

Sale by sample

18 Sale by sample

(1) A contract of sale is a contract for sale by sample when thereis a term in the contract, express or implied, to that effect.

(2) In the case of a contract for sale by sample—

(a) there is an implied condition that the bulk shallcorrespond with the sample in quality;

(b) there is an implied condition that the buyer shall have areasonable opportunity of comparing the bulk with thesample;

(c) there is an implied condition that the goods shall be freefrom any defect, rendering them unmerchantable, whichwould not be apparent on reasonable examination of thesample.

Part 3 Effects of the contract

Transfer of property as between seller and buyer

19 Goods must be ascertained

When there is a contract for the sale of unascertained goodsno property in the goods is transferred to the buyer unless anduntil the goods are ascertained.

s 20 13 s 21


20 Property passes when intended to pass

(1) When there is a contract for the sale of specific or ascertainedgoods the property in them is transferred to the buyer at suchtime as the parties to the contract intended it to be transferred.

(2) For the purpose of ascertaining the intention of the partiesregard is to be had to the terms of the contract, the conduct ofthe parties, and the circumstances of the case.

21 Rules for ascertaining intention

Unless a different intention appears, the following are rulesfor ascertaining the intention of the parties as to the time atwhich the property in the goods is to pass to the buyer—

Rule 1

When there is an unconditional contract for the sale ofspecific goods in a deliverable state, the property in the goodspasses to the buyer when the contract is made, and it isimmaterial whether the time of payment or the time ofdelivery, or both, is or are postponed.

Rule 2

When there is a contract for the sale of specific goods and theseller is bound to do something to the goods for the purpose ofputting them into a deliverable state, the property does notpass until such thing is done and the buyer has notice thereof.

Rule 3

When there is a contract for the sale of specific goods in adeliverable state, but the seller is bound to weigh, measure,test, or do some other act or thing with reference to the goodsfor the purpose of ascertaining the price, the property does notpass until such act or thing is done and the buyer has noticethereof.

Rule 4

(1) When goods are delivered to the buyer on approval or ‘on saleor return’ or other similar terms the property therein passes tothe buyer—

(a) when the buyer signifies the buyer’s approval oracceptance to the seller, or does any other act adoptingthe transaction;

s 22 14 s 22


(b) if the buyer does not signify the buyer’s approval oracceptance to the seller but retains the goods withoutgiving notice of rejection, then, if a time has been fixedfor the return of the goods, on the expiration of suchtime, and, if no time has been fixed, on the expiration ofa reasonable time.

(2) What is a reasonable time is a question of fact.

Rule 5

(1) When there is a contract for the sale of unascertained or futuregoods by description, and goods of that description and in adeliverable state are unconditionally appropriated to thecontract, either by the seller with the assent of the buyer, or bythe buyer with the assent of the seller, the property in thegoods thereupon passes to the buyer.

(1A) Such assent may be express or implied, and may be giveneither before or after the appropriation is made.

(2) When, in pursuance of the contract, the seller delivers thegoods to the buyer or to a carrier or other bailee (whethernamed by the buyer or not) for the purpose of transmission tothe buyer, and does not reserve the right of disposal, the selleris deemed to have unconditionally appropriated the goods tothe contract.

22 Reservation of right of disposal

(1) When there is a contract for the sale of specific goods or whengoods are subsequently appropriated to the contract, the sellermay, by the terms of the contract or appropriation, reserve theright of disposal of the goods until certain conditions arefulfilled.

(1A) In such case, notwithstanding the delivery of the goods to thebuyer, or to a carrier or other bailee for the purpose oftransmission to the buyer, the property in the goods does notpass to the buyer until the conditions imposed by the seller arefulfilled.

(2) When goods are shipped, and by the bill of lading the goodsare deliverable to the order of the seller or the seller’s agent,the seller is prima facie deemed to reserve the right ofdisposal.

s 23 15 s 24


(3) When the seller of goods draws on the buyer for the price, andtransmits the bill of exchange and bill of lading to the buyertogether to secure acceptance or payment of the bill ofexchange, the buyer is bound to return the bill of lading if thebuyer does not honour the bill of exchange, and if the buyerwrongfully retains the bill of lading the property in the goodsdoes not pass to the buyer.

23 Risk prima facie passes with property

(1) Unless otherwise agreed, the goods remain at the seller’s riskuntil the property therein is transferred to the buyer, but whenthe property therein is transferred to the buyer, the goods areat the buyer’s risk whether delivery has been made or not.

(2) However, when delivery has been delayed through the fault ofeither buyer or seller the goods are at the risk of the party infault as regards any loss which might not have occurred butfor such fault.

(3) This section does not affect the duties or liabilities of eitherseller or buyer as a bailee of the goods of the other party.

Transfer of title

24 Sale by person not the owner

(1) Subject to the provisions of this Act, when goods are sold by aperson who is not the owner thereof, and who does not sellthem under the authority or with the consent of the owner, thebuyer acquires no better title to the goods than the seller had,unless the owner of the goods is by the owner’s conductprecluded from denying the seller’s authority to sell.

(2) This Act does not affect—

(a) the provisions of the Factors Act, or any enactmentenabling the apparent owner of goods to dispose of themas if the apparent owner were the true owner thereof;

(b) the validity of any contract of sale under any specialcommon law or statutory power of sale or under theorder of a court of competent jurisdiction.

s 25 16 s 27


25 Sale under voidable title

When the seller of goods has a voidable title thereto, but theseller’s title has not been avoided at the time of the sale, thebuyer acquires a good title to the goods, if the buyer buysthem in good faith and without notice of the seller’s defect oftitle.

26 Revesting of property in stolen goods on conviction of offender

(1) When goods have been stolen and the offender is prosecutedto conviction, the property in the goods so stolen revests in theperson who was the owner of the goods, or the person’spersonal representative, notwithstanding any intermediatedealing with them.

(2) Notwithstanding any enactment to the contrary, when goodshave been obtained by fraud or other wrongful means notamounting to stealing, the property in such goods does notrevest in the person who was the owner of the goods, or theperson’s personal representative, by reason only of theconviction of the offender.

27 Seller or buyer in possession after sale

(1) When a person, having sold goods, continues or is inpossession of the goods, or of the documents of title to thegoods, the delivery or transfer by that person, or by amercantile agent acting for the person, of the goods ordocuments of title under any sale, pledge, or other dispositionthereof to any person receiving the same in good faith andwithout notice of the previous sale, has the same effect as ifthe person making the delivery or transfer were expresslyauthorised by the owner of the goods to make the same.

(2) When a person having brought or agreed to buy goodsobtains, with the consent of the seller, possession of the goodsor the documents of title to the goods, the delivery or transferby that person, or by a mercantile agent acting for the person,of the goods or documents of title under any sale, pledge, orother disposition thereof, to any person receiving the same ingood faith and without notice of any lien or other right of theoriginal seller in respect of the goods, has the same effect as if

s 28 17 s 29


the person making the delivery or transfer were a mercantileagent in possession of the goods or documents of title with theconsent of the owner.


mercantile agent has the same meaning as in the Factors Act.

28 Effect of writs of execution

(1) A writ of fieri-facias or other writ of execution against goodsbinds the property in the goods of the execution debtor asfrom the time when the writ is delivered to the sheriff to beexecuted; and, for the better manifestation of such time, it isthe duty of the sheriff upon the receipt of any such writ toendorse upon the back thereof the hour, day, month, and yearwhen the sheriff received it.

(1A) But the delivery of such a writ to the sheriff does not prejudicethe title to such goods acquired by any person in good faithand for valuable consideration, unless such person had at thetime when the person acquired the person’s title notice thatsuch writ or any other writ by virtue of which the goods of theexecution debtor might be seized or attached had beendelivered to and remained unexecuted in the hands of thesheriff.


sheriff includes any officer charged with the enforcement of awrit of execution.

Part 4 Performance of the contract

29 Duties of seller and buyer

It is the duty of the seller to deliver the goods, and of the buyerto accept and pay for them, in accordance with the terms ofthe contract of sale.

s 30 18 s 31


30 Payment and delivery are concurrent conditions

Unless otherwise agreed, delivery of the goods and paymentof the price are concurrent conditions, that is to say, the sellermust be ready and willing to give possession of the goods tothe buyer in exchange for the price, and the buyer must beready and willing to pay the price in exchange for possessionof the goods.

31 Rules as to delivery

(1) Whether it is for the buyer to take possession of the goods orfor the seller to send them to the buyer is a question dependingin each case on the contract, express or implied, between theparties.

(1A) Apart from any such contract, express or implied, the place ofdelivery is the seller’s place of business, if the seller has one,and if not, the seller’s residence.

(1B) However, if the contract is for the sale of specific goods whichto the knowledge of the parties when the contract is made arein some other place, then that place is the place of delivery.

(2) When under the contract of sale the seller is bound to send thegoods to the buyer, but no time for sending them is fixed, theseller is bound to send them within a reasonable time.

(3) When the goods at the time of sale are in the possession of athird person, there is no delivery by the seller to the buyerunless and until such third person acknowledges to the buyerthat the third person holds the goods on the seller’s behalf.

(4) Demand or tender of delivery may be treated as ineffectualunless made at a reasonable hour.

(4A) What is a reasonable hour is a question of fact.

(5) Unless otherwise agreed, the expenses of and incidental toputting the goods into a deliverable state must be borne by theseller.

(6) This section does not affect the operation of the issue ortransfer of any document of title to goods.

s 32 19 s 34


32 Delivery of wrong quantity

(1) When the seller delivers to the buyer a quantity of goods lessthan the seller contracted to sell, the buyer may reject them,but if the buyer accepts the goods so delivered the buyer mustpay for them at the contract rate.

(2) When the seller delivers to the buyer a quantity of goodslarger than the seller contracted to sell, the buyer may acceptthe goods included in the contract and reject the rest, or thebuyer may reject the whole.

(2A) If the buyer accepts the whole of the goods so delivered thebuyer must pay for them at the contract rate.

(3) When the seller delivers to the buyer the goods which theseller contracted to sell mixed with goods of a differentdescription not included in the contract, the buyer may acceptthe goods which are in accordance with the contract and rejectthe rest, or the buyer may reject the whole.

(4) The provisions of this section are subject to any usage of tradespecial agreement, or course of dealing between the parties.

33 Instalment deliveries

(1) Unless otherwise agreed, the buyer of goods is not bound toaccept delivery of them by instalments.

(2) When there is a contract for the sale of goods to be deliveredby stated instalments, which are to be separately paid for, andthe seller makes defective deliveries in respect of 1 or moreinstalments, or the buyer neglects or refuses to take delivery ofor pay for 1 or more instalments, it is a question in each casedepending on the terms of the contract and the circumstancesof the case, whether the breach of contract is a repudiation ofthe whole contract or whether it is a severable breach givingrise to a claim for compensation but not to a right to treat thewhole contract as repudiated.

34 Delivery to carrier

(1) When, in pursuance of a contract of sale, the seller isauthorised or required to send the goods to the buyer, deliveryof the goods to a carrier, whether named by the buyer or not,

s 35 20 s 36


for the purpose of transmission to the buyer is prima faciedeemed to be a delivery of the goods to the buyer.

(2) Unless otherwise authorised by the buyer, the seller mustmake such contract with the carrier on behalf of the buyer asmay be reasonable having regard to the nature of the goodsand the other circumstances of the case.

(2A) If the seller omits so to do, and the goods are lost or damagedin course of transit, the buyer may decline to treat the deliveryto the carrier as a delivery to himself or herself, or may holdthe seller responsible in damages.

(3) Unless otherwise agreed, when goods are sent by the seller tothe buyer by a route involving sea transit, under circumstancesin which it is usual to insure, the seller must give such noticeto the buyer as may enable the buyer to insure them duringtheir sea transit, and if the seller fails to do so, the goods aredeemed to be at the seller’s risk during such sea transit.

35 Risk where goods are delivered at distant place

When the seller of goods agrees to deliver them at the seller’sown risk at a place other than that where they are when sold,the buyer must, nevertheless, unless otherwise agreed, takeany risk of deterioration in the goods necessarily incident tothe course of transit.

36 Buyer’s right of examining the goods

(1) When goods are delivered to the buyer, which the buyer hasnot previously examined, the buyer is not deemed to haveaccepted them unless and until the buyer has had a reasonableopportunity of examining them for the purpose of ascertainingwhether they are in conformity with the contract.

(2) Unless otherwise agreed, when the seller tenders delivery ofgoods to the buyer, the seller is bound, on request, to affordthe buyer a reasonable opportunity of examining the goods forthe purpose of ascertaining whether they are in conformitywith the contract.

s 37 21 s 39


37 Acceptance

The buyer is deemed to have accepted the goods when thebuyer intimates to the seller that the buyer has accepted them,or when the goods have been delivered to the buyer, and thebuyer does any act in relation to them which is inconsistentwith the ownership of the seller, or when after the lapse of areasonable time, the buyer retains the goods withoutintimating to the seller that the buyer has rejected them.

38 Buyer not bound to return rejected goods

Unless otherwise agreed, when goods are delivered to thebuyer and the buyer refuses to accept them, having the right soto do, the buyer is not bound to return them to the seller, but itis sufficient if the buyer intimates to the seller that the buyerrefuses to accept them.

39 Liability of buyer for neglecting or refusing delivery of goods

(1) When the seller is ready and willing to deliver the goods, andrequests the buyer to take delivery, and the buyer does notwithin a reasonable time after such request take delivery of thegoods, the buyer is liable to the seller for any loss occasionedby the buyer’s neglect or refusal to take delivery, and also for areasonable charge for the care and custody of the goods.

(2) This section does not affect the rights of the seller if theneglect or refusal of the buyer to take delivery amounts to arepudiation of the contract.

s 40 22 s 41


Part 5

Rights of unpaid seller against the goods

40 Unpaid seller defined

(1) The seller of goods is deemed to be an unpaid seller withinthe meaning of this Act—

(a) when the whole of the price has not been paid ortendered;

(b) when a bill of exchange or other negotiable instrumenthas been received as conditional payment, and thecondition on which it was received has not been fulfilledby reason of the dishonour of the instrument orotherwise.

(2) In this Part—

seller includes any person who is in the position of a seller, as,for instance, an agent of the seller to whom the bill of ladinghas been endorsed, or a consignor or agent who has himself orherself paid, or is directly responsible for, the price.

41 Unpaid seller’s right

(1) Subject to the provisions of this Act, and of any statute in thatbehalf, notwithstanding that the property in the goods mayhave passed to the buyer, the unpaid seller of goods, as such,has by implication of law—

(a) a right to retain the goods for the price while the unpaidseller is in possession of them;

(b) in case of the insolvency of the buyer—a right ofstopping the goods in transitu after the unpaid seller hasparted with the possession of them;

(c) a right of resale as limited by this Act.

(2) When the property in goods has not passed to the buyer, theunpaid seller has, in addition to the unpaid seller’s otherremedies, a right of withholding delivery similar to andcoextensive with the unpaid seller’s rights of retention and

s 42 23 s 44


stoppage in transitu when the property has passed to thebuyer.

Unpaid seller’s right of retention

42 Seller’s right of retention

(1) Subject to the provisions of this Act, the unpaid seller ofgoods who is in possession of them is entitled to retainpossession of them until payment or tender of the price in thefollowing cases, namely—

(a) when the goods have been sold without any stipulationas to credit;

(b) when the goods have been sold on credit, but the term ofcredit has expired;

(c) when the buyer becomes insolvent.

(2) The seller may exercise the right of retention notwithstandingthat the seller is in possession of the goods as agent or baileefor the buyer.

43 Part delivery

When an unpaid seller has made part delivery of the goods,the unpaid seller may exercise the right of retention on theremainder, unless such part delivery has been made undersuch circumstances as to show an agreement to waive thatright.

44 Termination of right of retention

(1) The unpaid seller of goods loses the right of retention—

(a) when the unpaid seller delivers the goods to a carrier orother bailee for the purpose of transmission to the buyerwithout reserving the right of disposal of the goods;

(b) when the buyer or the buyer’s agent lawfully obtainspossession of the goods;

(c) by waiver thereof.

s 45 24 s 46


(2) The unpaid seller of goods, having a right of retention thereof,does not lose that right by reason only that the unpaid sellerhas obtained judgment for the price of the goods.

Stoppage in transitu

45 Right of stoppage in transitu

Subject to the provisions of this Act, when the buyer of goodsbecomes insolvent, the unpaid seller who has parted with thepossession of the goods has the right of stopping them intransitu, that is to say, the unpaid seller may resumepossession of the goods as long as they are in course of transit,and may retain them until payment or tender of the price.

46 Duration of transit

(1) Goods are deemed to be in course of transit from the timewhen they are delivered to a carrier by land or water, or otherbailee, for the purpose of transmission to the buyer, until thebuyer, or the buyer’s agent in that behalf, takes delivery ofthem from such carrier or other bailee.

(2) If the buyer or the buyer’s agent in that behalf obtains deliveryof the goods before their arrival at the appointed destination,the transit is at an end.

(3) If, after the arrival of the goods at the appointed destination,the carrier or other bailee acknowledges to the buyer, or thebuyer’s agent, that the carrier or other bailee holds the goodson the buyer’s behalf and continues in possession of them asbailee for the buyer or the buyer’s agent, the transit is at anend, and it is immaterial that a further destination for thegoods may have been indicated by the buyer.

(4) If the goods are rejected by the buyer and the carrier or otherbailee continues in possession of them, the transit is notdeemed to be at an end, even if the seller has refused toreceive them back.

(5) When goods are delivered to a ship chartered by the buyer it isa question depending on the circumstances of the particular

s 47 25 s 48


case, whether they are in the possession of the master as acarrier or as agent to the buyer.

(6) When the carrier or other bailee wrongfully refuses to deliverthe goods to the buyer or the buyer’s agent in that behalf, thetransit is deemed to be at an end.

(7) When part delivery of the goods has been made to the buyer,or the buyer’s agent in that behalf, the remainder of the goodsmay be stopped in transitu, unless such part delivery has beenmade under such circumstances as to show an agreement togive up possession of the whole of the goods.

47 How stoppage in transitu is effected

(1) The unpaid seller may exercise the right of stoppage intransitu either by taking actual possession of the goods, or bygiving notice of the unpaid seller’s claim to the carrier or otherbailee in whose possession the goods are.

(1A) Such notice may be given either to the person in actualpossession of the goods or to the person’s principal.

(1B) In the latter case the notice, to be effectual, must be given atsuch time and under such circumstances that the principal, bythe exercise of reasonable diligence, may communicate it tothe principal’s servant or agent in time to prevent a delivery tothe buyer.

(2) When notice of stoppage in transitu is given by the seller tothe carrier, or other bailee in possession of the goods, thecarrier or other bailee must re-deliver the goods to, oraccording to the directions of, the seller.

(3) The expenses of such re-delivery must be borne by the seller.

Resale by buyer or seller

48 Effect of sub-sale or pledge by buyer

(1) Subject to the provisions of this Act, the unpaid seller’s rightof retention or stoppage in transitu is not affected by any saleor other disposition of the goods which the buyer may havemade, unless the seller has assented thereto.

s 49 26 s 49


(2) However, where a document of title to goods has beenlawfully transferred to any person as buyer or owner of thegoods, and that person transfers the document to a person whotakes the document in good faith and for valuableconsideration, then, if such last mentioned transfer was byway of sale the unpaid seller’s right of retention or stoppage intransitu is defeated, and if such last mentioned transfer was byway of pledge or other disposition for value, the unpaidseller’s right of retention or stoppage in transitu can only beexercised subject to the rights of the transferee.

49 Sale not generally rescinded by lien or stoppage in transitu

(1) Subject to the provisions of this section, a contract of sale isnot rescinded by the mere exercise by an unpaid seller of theright of retention or stoppage in transitu.

(2) When an unpaid seller who has exercised the right of retentionor stoppage in transitu resells the goods, the buyer acquires agood title to them as against the original buyer.

(3) When the goods are of a perishable nature, or when the unpaidseller gives notice to the buyer of the unpaid seller’s intentionto resell, and the buyer does not within a reasonable time payor tender the price, the unpaid seller may resell the goods andrecover from the original buyer damages for any lossoccasioned by the original buyer’s breach of contract.

(4) When the seller expressly reserves a right of resale in case thebuyer should make default, and on the buyer making default,resells the goods, the original contract of sale is therebyrescinded, but without prejudice to any claim that the sellermay have for damages.

s 50 27 s 51


Part 6 Actions for breach of the contract

Remedies of the seller

50 Action for price

(1) When, under a contract of sale, the property in the goods haspassed to the buyer, and the buyer wrongfully neglects orrefuses to pay for the goods according to the terms of thecontract, the seller may maintain an action against the buyerfor the price of the goods.

(2) When, under a contract of sale, the price is payable on a daycertain irrespective of delivery, and the buyer wrongfullyneglects or refuses to pay such price, the seller may maintainan action for the price, although the property in the goods hasnot passed, and the goods have not been appropriated to thecontract.

51 Damages for non-acceptance

(1) When the buyer wrongfully neglects or refuses to accept andpay for the goods, the seller may maintain an action againstthe buyer for damages for non-acceptance.

(2) The measure of damages is the estimated loss directly andnaturally resulting, in the ordinary course of events, from thebuyer’s breach of contract.

(3) When there is an available market for the goods in question,the measure of damages is prima facie to be ascertained by thedifference between the contract price and the market orcurrent price at the time or times when the goods ought tohave been accepted, or, if no time was fixed for acceptance,then at the time of the refusal to accept.

s 52 28 s 54


Remedies of the buyer

52 Damages for non-delivery

(1) When the seller wrongfully neglects or refuses to deliver thegoods to the buyer the buyer may maintain an action againstthe seller for damages for non-delivery.

(2) The measure of damages is the estimated loss directly andnaturally resulting, in the ordinary course of events, from theseller’s breach of contract.

(3) When there is an available market for the goods in questionthe measure of damages is prima facie to be ascertained by thedifference between the contract price and the market orcurrent price of the goods at the time or times when theyought to have been delivered, or, if no time was fixed, then atthe time of the refusal to deliver.

53 Specific performance

(1) In an action for breach of contract to deliver specific orascertained goods the court may, if it thinks fit, on theapplication of the plaintiff, by its judgment direct that thecontract shall be performed specifically, without giving thedefendant the option of retaining the goods on payment ofdamages.

(2) The judgment may be unconditional, or upon such terms andconditions as to damages, payment of the price, andotherwise, as to the court may seem just, and the applicationby the plaintiff may be made at any time before judgment.

54 Remedy for breach of warranty

(1) When there is a breach of warranty by the seller, or when thebuyer elects, or is compelled, to treat a breach of a conditionon the part of the seller as a breach of warranty, the buyer isnot by reason only of such breach of warranty entitled toreject the goods; but the buyer may—

(a) set up against the seller the breach of warranty indiminution or extinction of the price; or

s 55 29 s 57


(b) maintain an action against the seller for damages for thebreach of warranty.

(2) The measure of damages for breach of warranty is theestimated loss directly and naturally resulting, in the ordinarycourse of events, from the breach of warranty.

(3) In the case of breach of warranty of quality such loss is primafacie the difference between the value of the goods at the timeof delivery to the buyer and the value which they would havehad if they had answered to the warranty.

(4) The fact that the buyer has set up the breach of warranty indiminution or extinction of the price does not prevent thebuyer from maintaining an action for the same breach ofwarranty if the buyer has suffered further damage.

55 Interest and special damages

This Act does not affect the right of a buyer or a seller torecover interest or special damages in any case in which bylaw interest or special damages are recoverable, or to recovermoney paid when the consideration for the payment of it hasfailed.

Part 7 Supplementary

56 Exclusion of implied terms and conditions

When any right, duty, or liability would arise under a contractof sale by implication of law, it may be negatived or varied byexpress agreement or by the course of dealing between theparties, or by usage, if the usage is such as to bind both partiesto the contract.

57 Reasonable time a question of fact

Whenever, in this Act, reference is made to a reasonable time,the question what is a reasonable time is a question of fact.

s 58 30 s 61


58 Rights etc. enforceable by action

When any right, duty, or liability is declared by this Act, itmay, unless by this Act otherwise provided, be enforced byaction.

59 Auction sales

(1) In the case of a sale by auction—

(a) when goods are put up for sale by auction in lots, eachlot is prima facie deemed to be the subject of a separatecontract for sale;

(b) a sale by auction is complete when the auctioneerannounces its completion by the fall of the hammer, orin other customary manner: until such announcement ismade any bidder may retract his or her bid;

(c) when a sale by auction is not notified to be subject to aright to bid on behalf of the seller, it is not lawful for theseller to bid himself or herself or to employ any personto bid at such sale, or for the auctioneer knowingly totake any bid from the seller or any such person: any salecontravening this rule may be treated as fraudulent bythe buyer;

(d) a sale by auction may be notified to be subject to areserved price, and a right to bid may also be reservedexpressly by or on behalf of the seller.

(2) When a right to bid is expressly reserved, but not otherwise,the seller, or any one person on the seller’s behalf, may bid atthe auction.

61 Savings

(1) The rules in insolvency relating to contracts of sale continueto apply thereto, notwithstanding anything in this Actcontained.

(2) The rules of the common law, including the law merchant,save in so far as they are inconsistent with the expressprovisions of this Act, and in particular the rules relating tothe law of principal and agent and the effect of fraud,misrepresentation, duress or coercion, mistake, or other

s 61 31 s 61


invalidating cause, continue to apply to contracts for the saleof goods.

(3) Nothing in this Act or in any repeal effected by it affects theenactments relating to bills of sale, or any enactment relatingto the sale of goods which is not expressly repealed by thisAct.

(4) The provisions of this Act relating to contracts of sale do notapply to any transaction in the form of a contract of sale whichis intended to operate by way of mortgage, pledge, charge, orother security.

32


Endnotes

1 Index to endnotes

Page

2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .32

3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .33

4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .33

5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .33

6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .34

7 Table of changed names and titles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .34

8 Table of obsolete and redundant provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .34

9 Table of renumbered provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .35

10 Table of comparative legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .36

2 Date to which amendments incorporated

This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, thisreprint includes all amendments that commenced operation on or before 18 July 1994.Future amendments of the Sale of Goods Act 1896 may be made in accordance with thisreprint under the Reprints Act 1992, section 49.

33


3 Key

Key to abbreviations in list of legislation and annotations

4 Table of reprints

Reprints are issued for both future and past effective dates. For the most up-to-date tableof reprints, see the reprint with the latest effective date.

If a reprint number includes a letter of the alphabet, the reprint was released inunauthorised, electronic form only.

5 List of legislation

Sale of Goods Act 1896 60 Vic No. 6date of assent 7 September 1896commenced 1 January 1897 (see s 2)

amending legislation—

Statute Law Revision Act 1908 8 Edw 7 No. 18 s 2 sch 1date of assent 23 December 1908commenced on date of assent

Key Explanation Key Explanation

AIA = Acts Interpretation Act 1954 (prev) = previouslyamd = amended proc = proclamationamdt = amendment prov = provisionch = chapter pt = partdef = definition pubd = publisheddiv = division R[X] = Reprint No.[X]exp = expires/expired RA = Reprints Act 1992gaz = gazette reloc = relocatedhdg = heading renum = renumberedins = inserted rep = repealedlap = lapsed (retro) = retrospectivelynotfd = notified rv = revised editiono in c = order in council s = sectionom = omitted sch = scheduleorig = original sdiv = subdivisionp = page SIA = Statutory Instruments Act 1992para = paragraph SIR = Statutory Instruments Regulation 2002prec = preceding SL = subordinate legislationpres = present sub = substitutedprev = previous unnum = unnumbered

Reprint No.

Amendments to Effective Reprint date

1 1972 Act No. 12 15 December 1972 18 July 1994

34


Statute of Frauds 1972 No. 12 s 3 schdate of assent 15 December 1972commenced on date of assent

6 List of annotations

Contract of sale for ten pounds and upwardss 7 om 1972 No. 12 s 3 sch

Repeals 60 om 1908 8 Edw 7 No. 18 s 2 sch 1

SCHEDULEom 1908 8 Edw 7 No. 18 s 2 sch 1

7 Table of changed names and titles

under the Reprints Act 1992 ss 23 and 23A

8 Table of obsolete and redundant provisions

under the Reprints Act 1992 s 39

Old New Reference provision

larceny stealing Criminal Code Act 1899 s 4(c)

Omitted provision Provision making omitted provision obsolete/redundant

definitions to be read in context Acts Interpretation Act 1954 s 32A

references included in citation of law Acts Interpretation Act 1954 s 14H

35


9 Table of renumbered provisions

under the Reprints Act 1992 s 43

Previous Renumbered as

4(1), 2nd sentence . . . . . . . . . . . . . . . . . . . . . . . . .4(1A)5, 1st sentence . . . . . . . . . . . . . . . . . . . . . . . . . . . .5(1)5, 1st sentence, proviso . . . . . . . . . . . . . . . . . . . . .5(2)5, 2nd sentence . . . . . . . . . . . . . . . . . . . . . . . . . . .5(3)6, 1st sentence . . . . . . . . . . . . . . . . . . . . . . . . . . . .6(1)6, 2nd sentence . . . . . . . . . . . . . . . . . . . . . . . . . . .6(2)11(2), 2nd sentence . . . . . . . . . . . . . . . . . . . . . . . .11(3)12(1), proviso . . . . . . . . . . . . . . . . . . . . . . . . . . . .12(1A)13(1), 2nd sentence . . . . . . . . . . . . . . . . . . . . . . . .13(1A)14(2), 2nd sentence . . . . . . . . . . . . . . . . . . . . . . . .14(2A)15(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15(a)15(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15(b)15(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15(c)17(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .17(a)17(1), proviso . . . . . . . . . . . . . . . . . . . . . . . . . . . .17(b)17(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .17(c)17(2), proviso . . . . . . . . . . . . . . . . . . . . . . . . . . . .17(d)17(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .17(e)17(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .17(f)21, Rule 4, 1st sentence . . . . . . . . . . . . . . . . . . . . .21, Rule 4(1)21, Rule 4, 2nd sentence . . . . . . . . . . . . . . . . . . . .21, Rule 4(2)21, Rule 5(1), 2nd sentence . . . . . . . . . . . . . . . . . .21, Rule 5(1A)22(1), 2nd sentence . . . . . . . . . . . . . . . . . . . . . . . .22(1A)23, 1st sentence . . . . . . . . . . . . . . . . . . . . . . . . . . .23(1)23, 1st sentence, proviso . . . . . . . . . . . . . . . . . . . .23(2)23, 2nd sentence . . . . . . . . . . . . . . . . . . . . . . . . . .23(3)28(1), 2nd sentence . . . . . . . . . . . . . . . . . . . . . . . .28(1A)31(1), 2nd sentence . . . . . . . . . . . . . . . . . . . . . . . .31(1A)31(1), 2nd sentence, proviso . . . . . . . . . . . . . . . . .31(1B)31(4), 2nd sentence . . . . . . . . . . . . . . . . . . . . . . . .31(4A)32(2), 2nd sentence . . . . . . . . . . . . . . . . . . . . . . . .32(2A)34(2), 2nd sentence . . . . . . . . . . . . . . . . . . . . . . . .34(2A)39, 1st sentence . . . . . . . . . . . . . . . . . . . . . . . . . . .39(1)39, 2nd sentence . . . . . . . . . . . . . . . . . . . . . . . . . .39(2)47(1), 2nd sentence . . . . . . . . . . . . . . . . . . . . . . . .47(1A)47(1), 3rd sentence . . . . . . . . . . . . . . . . . . . . . . . .47(1B)47(2), 2nd sentence . . . . . . . . . . . . . . . . . . . . . . . .47(3)48, 1st sentence . . . . . . . . . . . . . . . . . . . . . . . . . . .48(1)48, proviso . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .48(2)53, 1st sentence . . . . . . . . . . . . . . . . . . . . . . . . . . .53(1)53, 2nd sentence . . . . . . . . . . . . . . . . . . . . . . . . . .53(2)59, 1st sentence . . . . . . . . . . . . . . . . . . . . . . . . . . .59(1)59, 1st sentence, (1) . . . . . . . . . . . . . . . . . . . . . . . .59(1)(a)59, 1st sentence, (2) . . . . . . . . . . . . . . . . . . . . . . . .59(1)(b)

36


10 Table of comparative legislation

s 3 56 and 57 Vic c 71 s 62s 4 56 and 57 Vic c 71 s 1s 5 56 and 57 Vic c 71 s 2s 6 56 and 57 Vic c 71 s 3s 8 56 and 57 Vic c 71 s 5s 9 56 and 57 Vic c 71 s 6s 10 56 and 57 Vic c 71 s 7s 11 56 and 57 Vic c 71 s 8s 12 56 and 57 Vic c 71 s 9s 13 56 and 57 Vic c 71 s 10s 14 56 and 57 Vic c 71 s 11s 15 56 and 57 Vic c 71 s 12s 16 56 and 57 Vic c 71 s 13s 17 56 and 57 Vic c 71 s 14s 18 56 and 57 Vic c 71 s 15s 19 56 and 57 Vic c 71 s 16s 20 56 and 57 Vic c 71 s 17s 21 56 and 57 Vic c 71 s 18s 22 56 and 57 Vic c 71 s 19s 23 56 and 57 Vic c 71 s 20s 24 56 and 57 Vic c 71 s 21s 25 56 and 57 Vic c 71 s 23s 26 56 and 57 Vic c 71 s 24s 27 56 and 57 Vic c 71 s 25s 28 56 and 57 Vic c 71 s 26s 29 56 and 57 Vic c 71 s 27s 30 56 and 57 Vic c 71 s 28s 31 56 and 57 Vic c 71 s 29s 32 56 and 57 Vic c 71 s 30s 33 56 and 57 Vic c 71 s 31s 34 56 and 57 Vic c 71 s 32s 35 56 and 57 Vic c 71 s 33s 36 56 and 57 Vic c 71 s 34s 37 56 and 57 Vic c 71 s 35s 38 56 and 57 Vic c 71 s 36s 39 56 and 57 Vic c 71 s 37s 40 56 and 57 Vic c 71 s 38s 41 56 and 57 Vic c 71 s 39s 42 56 and 57 Vic c 71 s 41s 43 56 and 57 Vic c 71 s 42s 44 56 and 57 Vic c 71 s 43

59, 1st sentence, (3) . . . . . . . . . . . . . . . . . . . . . . . .59(1)(c)59, 1st sentence, (4) . . . . . . . . . . . . . . . . . . . . . . . .59(1)(d)59, 2nd sentence . . . . . . . . . . . . . . . . . . . . . . . . . .59(2)

Previous Renumbered as

37


s 45 56 and 57 Vic c 71 s 44s 46 56 and 57 Vic c 71 s 45s 47 56 and 57 Vic c 71 s 46s 48 56 and 57 Vic c 71 s 47s 49 56 and 57 Vic c 71 s 48s 50 56 and 57 Vic c 71 s 49s 51 56 and 57 Vic c 71 s 50s 52 56 and 57 Vic c 71 s 51s 53 56 and 57 Vic c 71 s 52s 54 56 and 57 Vic c 71 s 53s 55 56 and 57 Vic c 71 s 54s 56 56 and 57 Vic c 71 s 55s 57 56 and 57 Vic c 71 s 56s 58 56 and 57 Vic c 71 s 57s 59 56 and 57 Vic c 71 s 58s 61 56 and 57 Vic c 71 s 61

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