Western Australian Current Acts

HIRE-PURCHASE ACT 1959

TABLE OF PROVISIONS

           Long Title

   PART I -- Preliminary  

   1.      Short title and commencement
            
   1A.     Application of Act
            
   2.      Terms used
            
   2A.     Orders making Act inapplicable

   PART II -- Formation and contents of hire-purchase agreements  

   3.      Preliminary requirements to entering agreement or offering to hire; form and content of agreements; consequences of non-conforming agreements
            
   4.      Owner to serve certain documents on hirer

   PART III -- Protection of hirers

           Division 1 -- Warranties and conditions  

   5.      Conditions and warranties implied in every agreement
            
   6.      Representations etc. by owner etc. to hirer, consequences of

           Division 2 -- Statutory rights of hirers  

   7.      Hirer entitled to copy of agreement and statement of amounts paid, overdue and to be paid
            
   8.      Payment made under 2 or more agreements, apportionment of
            
   9.      Assigning hirer’s rights under agreements
            
   10.     Court may allow goods to be moved

           Division 3 -- Early completion of agreements  

   11.     Hirer may complete purchase at any time

           Division 4 -- Voluntary return of goods  

   12.     Terminating hiring by returning goods

           Division 5 -- Repossessions  

   12A.    Repossession requires Commissioner’s consent in some cases
            
   13.     Procedure for and on repossessing goods
            
   14.     Owner to retain repossessed goods for 21 days
            
   15.     Hirer’s rights and immunities on repossession
            
   16.     Hirer may obtain return of goods in some cases
            
   17.     Court may vary existing judgments etc. against hirer if goods are repossessed

   PART IV -- Guarantees  

   18.     Guarantors
            
   19.     Some agreements by guarantor void if guarantor not independently advised

   PART V -- Insurance  

   20.     Insurance of goods hired under agreement
            
   21.     Court’s powers as to insurance contracts associated with hire-purchase agreements
            
   22.     Contracts of insurance and related agreements, content of
            
   23.     Application of Part V

   PART VI -- Miscellaneous  

   23A.    Commissioner
            
   23B.    Delegation by Commissioner
            
   24.     Court may reopen certain hire-purchase transactions
            
   25.     Repossessing certain goods from farmers
            
   26.     Lien of worker on hired goods
            
   27.     Hired goods that have become fixtures
            
   28.     Provisions in agreements that are void
            
   29.     Payments etc. by financiers to dealers, restrictions on
            
   30.     Some transactions as to bailment prohibited
            
   31.     Securities collateral to hire-purchase agreements
            
   32.     False statements by dealers etc. in proposals
            
   33.     Hirer may be required to state where goods are
            
   34.     Fraudulent sale or disposal of goods by hirer
            
   35.     Court may extend prescribed times
            
   36.     Court may order delivery of goods unlawfully detained
            
   36A.    Relief against consequences of breach of agreement by hirer
            
   36C.    Investigation powers
            
   37.     Service of notices and proof of service
            
   37A.    Court may dispense with service
            
   38.     Text of prescribed documents to be legible etc.
            
   39.     General offence and penalty
            
   40.     Time limit for prosecutions
            
   40A.    Regulations
           FIRST SCHEDULE
           SECOND SCHEDULE
           THIRD SCHEDULE
           FOURTH SCHEDULE
           FIFTH SCHEDULE
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