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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Statutes Amendment (Bulk Goods)
Bill 2008
A BILL FOR
An Act to amend the Sale of Goods Act 1895 and the Warehouse
Liens Act 1990.
Contents
Part 1—Preliminary
1 Short
title
2 Commencement
3 Amendment provisions
Part 2—Amendment of Sale of Goods
Act 1895
4 Amendment of section
A2—Interpretation
5 Amendment of section 16—Goods must be
ascertained
6 Insertion of section 20A
20A Contracts of
sale for goods forming part of bulk
Part 3—Amendment of Warehouse Liens
Act 1990
7 Amendment of long title
8 Amendment of section
1—Short title
9 Amendment of section
4—Interpretation
10 Insertion of section
14A
14A Intermingled goods
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Statutes Amendment (Bulk Goods)
Act 2008.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Sale of Goods
Act 1895
4—Amendment of
section A2—Interpretation
Section A2(1)—after the definition of action
insert:
bulk, in relation to goods, means a mass or collection of
goods that are—
(a) of the same kind; and
(b) contained in a defined space or area; and
(c) interchangeable with other goods of the same kind of the same number
or quantity;
5—Amendment of
section 16—Goods must be ascertained
Section 16—delete "Where" and substitute:
Subject to section 20A, where
After section 20 insert:
20A—Contracts of sale for goods forming part of
bulk
(1) This section applies to a contract of sale for a specified quantity of
unascertained goods if—
(a) the goods, or some of them, form part of a bulk that is identified
either in the contract or by subsequent agreement between the parties;
and
(b) the buyer has paid for some or all of the goods that form part of the
bulk.
(2) Unless the parties otherwise agree—
(a) property in an undivided share in the bulk is transferred to the
buyer; and
(b) the buyer becomes an owner in common of the bulk,
as soon as both of the conditions referred to in subsection (1) have
been met.
(3) Unless the parties otherwise agree, the buyer's undivided share in the
bulk at any time is the share that, at that time, is equivalent to the quantity
of goods paid for and due to the buyer out of the bulk divided by the quantity
of goods in the bulk.
(4) If at any time the aggregate of all buyers' undivided shares in the
bulk exceeds the whole of the bulk, those shares are to be reduced
proportionately so that the aggregate is equal to the bulk.
(5) If a buyer has paid for only some of the goods due to the buyer out of
the bulk, any delivery to the buyer out of the bulk is to be attributed to the
goods for which payment has been made.
(6) Part payment for any goods will be taken to be payment for a
corresponding part of the goods.
(7) A person who has become an owner in common of the bulk will be taken
to have consented to—
(a) delivery of goods out of the bulk to another owner in common of the
bulk, being goods that are due under a contract to that other owner;
and
(b) any dealing with, or removal, delivery or disposal of, goods in the
bulk by another owner in common of the bulk (but only to the extent of that
other owner's undivided share in the bulk).
(8) No cause of action lies against a person by reason of that person's
having acted in accordance with subsection (7)(a) or (b) in reliance on the
consent that exists by virtue of that subsection.
(9) Nothing in this section—
(a) imposes an obligation on a buyer of goods out of the bulk to
compensate any other buyer of goods out of the bulk for any shortfall in the
quantity of goods received by that other buyer; or
(b) affects a contract or other arrangement between buyers of goods out of
the bulk for adjustments between themselves; or
(c) affects the rights of a buyer under a contract to which this section
applies.
(10) This section does not apply to a contract of sale entered into before
the commencement of the Statutes Amendment (Bulk Goods)
Act 2008.
Part 3—Amendment
of Warehouse Liens
Act 1990
After "warehouse" insert:
; and for other purposes
8—Amendment of
section 1—Short title
Section 1—delete "Warehouse Liens Act, 1990" and
substitute:
Warehouse Liens and Storage Act 1990
9—Amendment of
section 4—Interpretation
Section 4, definition of operator of a warehouse—delete
the definition and substitute:
bulk, in relation to goods, means a mass or collection of
goods that are—
(a) of the same kind; and
(b) contained in a defined space or area; and
(c) interchangeable with other goods of the same kind of the same number
or quantity;
operator of a warehouse means—
(a) in section 14A—a person lawfully engaged in the business of
storing goods for fee or reward;
(b) in any other case—a person lawfully engaged in the business of
storing goods for fee or reward as a bailee.
After section 14 insert:
14A—Intermingled goods
(1) This section applies to goods that have been deposited with an
operator of a warehouse by their owner (the depositor), or by his
or her authority, and that have become intermingled with other goods of the same
kind owned by, or deposited with, the operator of a warehouse so as to form a
bulk.
(2) As from the time the goods become part of the bulk, unless the parties
otherwise agree—
(a) the depositor's property in the goods becomes property in an undivided
share in the bulk; and
(b) the depositor becomes an owner in common of the bulk; and
(c) subject to paragraph (d)—the depositor and the operator of
the warehouse each have, in relation to the depositor's undivided share in the
bulk, the same obligations as they would have had in relation to the goods had
they not become part of the bulk; and
(d) the obligation of the operator of the warehouse to deliver the goods
to, or to the order of, the depositor becomes an obligation to deliver an
equivalent quantity of goods out of the bulk to, or to the order of, the
depositor.
(3) Unless the parties otherwise agree, the depositor's undivided share in
the bulk at any time is the share that, at that time, is equivalent to the
quantity of goods that have been deposited by the depositor less the quantity of
goods that have been delivered out of the bulk to, or to the order of, the
depositor.
(4) If at any time the aggregate of all depositors' undivided shares in
the bulk exceeds the whole of the bulk, those shares are to be reduced
proportionately so that the aggregate is equal to the bulk.
(5) A person who has become an owner in common of the bulk will be taken
to have consented to—
(a) any delivery of goods out of the bulk to another owner in common of
the bulk, being goods to which this section applies; and
(b) any dealing with, or removal, delivery or disposal of, goods in the
bulk by another owner in common of the bulk (but only to the extent of that
other owner's undivided share in the bulk).
(6) No cause of action lies against a person by reason of that person's
having acted in accordance with subsection (5)(a) or (b) in reliance on the
consent that exists by virtue of that subsection.
(7) This section does not apply to goods deposited with the operator of a
warehouse before the commencement of the Statutes Amendment (Bulk Goods) Act
2008.