Queensland Consolidated Acts

FACTORS ACT 1892 - SECT 2

2 Definitions

(1) In this Act—

"document of title" includes a bill of lading, dock warrant, warehouse keeper’s certificate, warrant or order for the delivery of goods, and any other document used in the ordinary course of business as proof of the possession or control of goods, or authorising or purporting to authorise, either by endorsement or by delivery, the possessor of the document to transfer or receive goods thereby represented.

"goods" includes wares and merchandise.

"mercantile agent" means a mercantile agent having in the customary course of business as such 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 of goods.

"pledge" includes any contract pledging, or giving a lien or security on, goods, whether in consideration of an original advance or of any further or continuing advance or of any pecuniary liability.

(2) For the purposes of this Act a person is deemed to be in possession of goods or of the documents of title to goods, when the goods or documents are in the person’s actual custody or are held by any other person subject to the person’s control or for the person or on the person’s behalf.