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SALE OF GOODS ACT 1954 - NOTES

Dictionary

(see s 2)

Note 1     The Legislation Act

contains definitions and other provisions relevant to this Act.

Note 2     For example, the Legislation Act

, dict, pt 1, defines the following terms:

              •     document

              •     under

              •     writing.

"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 one person to another.

"document of title", in relation to goods, includes—

        (a)     bill of lading, dock warrant, warehouse keeper's certificate, wharfinger's certificate and warrant or order for the delivery of the goods; and

        (b)     any other document used in the ordinary course of business as proof of the possession or control of the goods or authorising or purporting to authorise, either by endorsement or delivery, the possessor of the document to transfer or receive the goods it represents.

"fault "means wrongful act or default.

"future goods" means goods that are to be manufactured or acquired by the seller after the making of the contract of sale.

"goods" includes all chattels personal other than things in action and money and also includes emblements, industrial growing crops, and things attached to or forming part of the land, that are to be severed before sale or under the contract of sale.

"mercantile agent" means a mercantile agent having in the customary course of his or her business as a mercantile agent authority either to sell goods or to consign goods for the purpose of sale, or to buy goods or to raise money on the security.

"plaintiff "includes a defendant counterclaiming.

"property" means the general property in goods and not merely a special property.

"quality", in relation to goods, includes a state or condition of the goods.

"sale" includes a bargain and sale as well as a sale and delivery.

"seller" means a person who sells or agrees to sell goods.

"sheriff "includes any officer charged with the enforcement of a writ of execution.

"specific goods" means goods identified and agreed on at the time a contract of sale is made.

"warranty "means an agreement with reference to goods that are the subject of a contract of sale, but collateral to the main purpose of the contract, breach of which gives rise to a claim for damages but not to a right to reject the goods and treat the contract as repudiated.

Endnotes

1     About the endnotes

Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.

Not all editorial amendments made under the Legislation Act 2001

, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office.

Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.

If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.

The endnotes also include a table of earlier republications.

2     Abbreviation key

am = amended

ord = ordinance

amdt = amendment

orig = original

ch = chapter

par = paragraph/subparagraph

def = definition

pres = present

dict = dictionary

prev = previous

disallowed = disallowed by the Legislative

(prev...) = previously

Assembly

pt = part

div = division

r = rule/subrule

exp = expires/expired

renum = renumbered

Gaz = gazette

reloc = relocated

hdg = heading

R[X] = Republication No

IA = Interpretation Act 1967

RI = reissue

ins = inserted/added

s = section/subsection

LA = Legislation Act 2001

sch = schedule

LR = legislation register

sdiv = subdivision

LRA = Legislation (Republication) Act 1996

sub = substituted

mod = modified/modification

SL = Subordinate Law

o = order

underlining = whole or part not commenced

om = omitted/repealed

or to be expired

3     Legislation history

This Act was originally a Commonwealth ordinance—the Sale of Goods Ordinance 1954

No 15 (Cwlth).

The Australian Capital Territory (Self-Government) Act 1988

(Cwlth), s 34 (4) converted most former Commonwealth ordinances in force in the ACT into ACT enactments. This allowed the ACT Legislative Assembly to amend and repeal the laws. This Act was converted into an ACT enactment on 11 May 1989 (self-government day).

As with most ordinances in force in the ACT, the name was changed from Ordinance to Act by the Self-Government (Citation of Laws) Act 1989

A1989-21, s 5 on 11 May 1989 (self-government day).

Before 11 May 1989, ordinances commenced on their notification day unless otherwise stated (see Seat of Government (Administration) Act 1910

(Cwlth), s 12).

    Legislation before becoming Territory enactment

Sale of Goods Act 1954 A1954-15

notified 12 August 1954

commenced 1 October 1954 (s 2)

as amended by

Sale of Goods Ordinance 1967

Ord1967-25

notified 27 July 1967

commenced 1 August 1967 (s 2)

Sale of Goods Ordinance 1975

Ord1975-39

notified 31 October 1975

commenced 31 October 1975

Ordinances Revision Ordinance 1977

Ord1977-65 sch 2

notified 22 December 1977

commenced 22 December 1977

    Legislation after becoming Territory enactment

Registration of Interests in Goods (Consequential Amendments) Act 1990

A1990-20 s 4

notified 21 June 1990 (Gaz 1990 S30)

commenced 30 June 1990 (s 2 and see Gaz 1990 No S46

)

Magistrates Court (Enforcement of Judgments) Act 1994

A1994-61 pt 7 div 5

notified 11 October 1994 (Gaz 1994 No S197

)

s 1, s 2 commenced 11 October 1994 (s 2 (1))

pt 7 div 5 commenced 10 April 1995 (s 2 (2) and Gaz 1995 No S75

)

Legislation (Consequential Amendments) Act 2001

A2001-44 pt 353

notified 26 July 2001 (Gaz 2001 No 30

)

s 1, s 2 commenced 26 July 2001 (IA s 10B)

pt 353 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65

)

Fair Trading Legislation Amendment Act 2001

A2001-77 pt 5

notified LR 14 September 2001

s 1, s 2 commenced 14 September 2001 (LA s 75)

pt 5 commenced 14 March 2002 (s 2 and LA s 79)

Statute Law Amendment Act 2005 (No 2)

A2005-62 sch 3 pt 3.19

notified LR 21 December 2005

s 1, s 2 commenced 21 December 2005 (LA s 75 (1))

sch 3 pt 3.19 commenced 11 January 2006 (s 2 (1))

4     Amendment history

Name of Act
s 1     sub A2005-62

amdt 3.171

Dictionary
s 2     om A2001-44

amdt 1.3835
    ins A2005-62

amdt 3.171

Notes
s 3     om Ord1977-65

sch 2
    ins A2005-62

amdt 3.171

Key concepts
s 4     om A2001-44

amdt 1.3835
    ins A2005-62

amdt 3.171

Interpretation for Act
s 5     defs reloc to dict A2005-62

amdt 3.172
    om A2005-62

amdt 3.173

Contract of sale
div 2.1 hdg     (prev pt 2 div 1 hdg) renum R3 LA

Sale and agreement to sell
s 6     ss renum R3 LA

Formalities of contract
div 2.2 hdg     (prev pt 2 div 2 hdg) renum R3 LA

Subject matter of contract
div 2.3 hdg     (prev pt 2 div 3 hdg) renum R3 LA

Contracts for sale of 10 pounds and upwards
s 9     am Ord1967-25

s 3
    om Ord1975-39

s 2

The price
div 2.4 hdg     (prev pt 2 div 4 hdg) renum R3 LA

Conditions and warranties
div 2.5 hdg     (prev pt 2 div 5 hdg) renum R3 LA

When condition to be treated as warranty
s 16     am Ord1975-39

s 3; A2001-77

s 23; ss renum R3 LA (see A2001-77

s 24)

Implied conditions as to quality and fitness
s 19     am A2001-77

s 25; ss renum R3 LA (see A2001-77

s 26)

Sale by sample
div 2.6 hdg     (prev pt 2 div 6 hdg) renum R3 LA

Transfer of property between seller and buyer
div 3.1 hdg     (prev pt 3 div 1 hdg) renum R3 LA

Transfer of title
div 3.2 hdg     (prev pt 3 div 2 hdg) renum R3 LA

Sale by person not the owner
s 26     am A1990-20

s 4

Resale under voidable title
s 27     am A2005-62

amdt 3.174

Seller or buyer in possession after sale
s 29     am A2005-62

amdt 3.174

Effects of writs of execution
s 30     am A1994-61

s 82; A2005-62

amdt 3.174

Delivery of wrong quantity
s 34     ss renum R3 LA

Delivery to carrier
s 36     ss renum R3 LA

Acceptance
s 39     am Ord1975-39

s 4

General
div 5.1 hdg     (prev pt 5 div 1 hdg) renum R3 LA

Unpaid seller's lien
div 5.2 hdg     (prev pt 5 div 2 hdg) renum R3 LA

Stoppage in transitu
div 5.3 hdg     (prev pt 5 div 3 hdg) renum R3 LA

Resale by buyer or seller
div 5.4 hdg     (prev pt 5 div 4 hdg) renum R3 LA

Effect of sub-sale or pledge by buyer
s 50     am A2005-62

amdt 3.174

Remedies of seller
div 6.1 hdg     (prev pt 6 div 1 hdg) renum R3 LA

Remedies of buyer
div 6.2 hdg     (prev pt 6 div 2 hdg) renum R3 LA

Exclusion of implied terms and conditions
s 58     om A2001-77

s 27

Savings
s 62     am Ord1975-39

s 5; ss renum R3 LA

Dictionary
dict     ins A2005-62

amdt 3.175
    def action reloc from s 5 A2005-62

amdt 3.172
    def buyer reloc from s 5 A2005-62

amdt 3.172
    def contract of sale reloc from s 5 A2005-62

amdt 3.172
    def delivery reloc from s 5 A2005-62

amdt 3.172
    def document of title reloc from s 5 A2005-62

amdt 3.172
    def fault reloc from s 5 A2005-62

amdt 3.172
    def future goods reloc from s 5 A2005-62

amdt 3.172
    def goods reloc from s 5 A2005-62

amdt 3.172
    def mercantile agent reloc from s 5 A2005-62

amdt 3.172
    def plaintiff reloc from s 5 A2005-62

amdt 3.172
    def property reloc from s 5 A2005-62

amdt 3.172
    def quality reloc from s 5 A2005-62

amdt 3.172
    def sale reloc from s 5 A2005-62

amdt 3.172
    def seller reloc from s 5 A2005-62

amdt 3.172
    def sheriff am A1994-61

s 81
    reloc from s 5 A2005-62

amdt 3.172
    def specific goods reloc from s 5 A2005-62

amdt 3.172
    def warranty reloc from s 5 A2005-62

amdt 3.172

5     Earlier republications

Some earlier republications were not numbered. The number in column 1 refers to the publication order.

Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.

Republication No

Amendments to

Republication date

1

A1990-20

31 October 1991

2

A1994-61

10 April 1995

3

A2001-77

9 April 2002









© Australian Capital Territory 2006

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Australian Capital Territory

A1954-15

Republication No 4

Effective: 11 January 2006

Republication date: 11 January 2006

Last amendment made by A2005-62







Unauthorised version prepared by ACT Parliamentary Counsel's Office
About this republication

The republished law

This is a republication of the Sale of Goods Act 1954

(including any amendment made under the Legislation Act 2001

, part 11.3 (Editorial changes)) as in force on 11 January 2006

. It also includes any amendment, repeal or expiry affecting the republished law to 11 January 2006

.

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel's Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au

):

              • authorised republications to which the Legislation Act 2001

applies

              • unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001

, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001

, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication does not include amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading. The text of the uncommenced provision or amendment appears only in the last endnote.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see Legislation Act 2001

, section 95.

Penalties

The value of a penalty unit for an offence against this republished law at the republication date is—

(a) if the person charged is an individual—$100; or

(b) if the person charged is a corporation—$500.

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Australian Capital Territory

Sale of Goods Act 1954



Endnotes34


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Australian Capital Territory

Sale of Goods Act 1954



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