Australian Capital Territory Current Acts

SALE OF GOODS ACT 1954 - SECT 23

    (1)     Unless a different intention appears from the terms of the contract, the intention of the parties as to the time when the property in the goods is to pass to the buyer is ascertained in accordance with subsections (2) to (8).

    (2)     If there is an unconditional contract for the sale of specific goods in a deliverable state, the property in the goods passes to the buyer when the contract is made and it is immaterial that the time of payment or the time of delivery, or both, are postponed.

    (3)     If there is a contract for the sale of specific goods and the seller is bound to do something to the goods for the purpose of putting them in a deliverable state, the property does not pass until the thing is done and the buyer has notice of its having been done.

    (4)     If there is a contract for the sale of specific goods in a deliverable state but the seller is bound to weigh, measure, test or do some other act or thing with reference to the goods for the purpose of ascertaining the price, the property does not pass until the act or thing is done and the buyer has notice of its having been done.

    (5)     If goods are delivered to the buyer ‘on approval', ‘on sale or return' or on other similar terms, the property in the goods passes to the buyer—

        (a)     when the buyer signifies his or her approval or acceptance to the seller or does some other act adopting the transaction; or

        (b)     if the buyer does not signify his or her approval or acceptance to the seller but retains the goods without giving notice of rejection—

              (i)     if a time has been fixed for the return of the goods—at the end of that time; and

              (ii)     if no time has been fixed—at the end of a reasonable time.

    (6)     If there is a contract for the sale of unascertained or future goods by description and goods of that description and in a deliverable state are unconditionally appropriated to the contract, either by the seller with the assent of the buyer or by the buyer with the assent of the seller, the property in the goods thereupon passes to the buyer.

    (7)     The assent referred to in the subsection (6) may be express or implied and may be given either before or after the appropriation is made.

    (8)     For subsection (6), if, under the contract, the seller delivers the goods to the buyer or to a carrier or other bailee (whether named by the buyer or not) for the purpose of transmission to the buyer and does not reserve the right of disposal, the seller is deemed to have unconditionally appropriated the goods to the contract.