Australian Capital Territory Consolidated Acts

LAY-BY SALES AGREEMENTS ACT 1963 - 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:

              •     bank

              •     building society

              •     credit union

              •     disallowable instrument (see s 9)

              •     Executive

              •     person

              •     police officer.

"goods" includes all chattels personal other than things in action and money.

"lay-by sale agreement" means—

        (a)     a sale of goods; or

        (b)     an agreement to sell goods;

under which it is agreed expressly or impliedly that—

        (c)     the goods will not be delivered to the buyer until the purchase price or a specified part of the purchase price is paid, whether or not any charge is payable for storage of the goods; and

        (d)     the purchase price or, if a deposit is paid, the balance of the purchase price—

              (i)     is to be paid by instalments, whether the number of instalments or the amount of all or any of the instalments is fixed by the agreement or is left to the option of the buyer; or

              (ii)     is to be paid at the end of a fixed or ascertainable period with an option, expressed or implied, for the purchaser to make payments in relation to the purchase price during that period, but does not include an agreement to sell goods to which section 18 applies.

"purchase price", of goods, means the total amount of the money paid or payable for the goods and the value of any other consideration provided or to be provided to complete the purchase of the goods.

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 Lay-by Sales Agreements Ordinance 1963 No 9 (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 No 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

Lay-by Sales Agreements Ordinance 1963 No 9

notified 9 May 1963

commenced 1 July 1963 (s 2 and Cwlth Gaz 1963 p 1617)

as amended by

Ordinances Revision (Decimal Currency) Ordinance 1966 No 19 (as am by 1967 No 36)

notified 23 December 1966

commenced 23 December 1966 (s 2)

Ordinances Revision (Decimal Currency) Ordinance 1967 No 36

notified 30 November 1967

commenced 23 December 1966

Note     This ordinance only amends the Ordinances Revision (Decimal Currency) Ordinance 1966 No 19.

Lay-by Sales Agreements Ordinance 1972 No 21

notified 3 August 1972

commenced 3 August 1972

Ordinances Revision Ordinance 1978 No 46

notified 28 December 1978

commenced 28 December 1978

Self-Government (Consequential Amendments) Ordinance 1989 No 38 sch 1

notified 10 May 1989 (Cwlth Gaz 1989 No S160)

s 1, s 2 commenced 10 May 1989 (s 2 (1))

sch 1 commenced 11 May 1989 (s 2 (2) and see Cwlth Gaz 1989 No S164)

    Legislation after becoming Territory enactment

Statute Law Revision (Penalties) Act 1994 No 81 sch

notified 29 November 1994 (Gaz 1994 No S253)

s 1, s 2 commenced 29 November 1994 (s 2 (1))

sch commenced 29 November 1994 (s 2 (2) and Gaz 1994 No S269)

Financial Institutions (Removal of Discrimination) Act 1997 No 88 sch

notified 1 December 1997 (Gaz 1997 No S380)

s 1, s 2 commenced 1 December 1997 (s 2 (1))

sch commenced 31 December 1997 (s 2 (2) and Gaz 1997 No S442)

Statute Law Revision (Penalties) Act 1998 No 54 sch

notified 27 November 1998 (Gaz 1998 No S207)

s 1, s 2 commenced 27 November 1998 (s 2 (1))

sch commenced 9 December 1998 (s 2 (2) and Gaz 1998 No 49)

Legislation (Consequential Amendments) Act 2001 No 44 pt 217

notified 26 July 2001 (Gaz 2001 No 30)

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

pt 217 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)

Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.57

notified LR 22 March 2007

s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))

sch 3 pt 3.57 commenced 12 April 2007 (s 2 (1))

4     Amendment history

Name of Act
s 1     am R3 LA

Dictionary
s 2     om 2001 No 44 amdt 1.2612
    ins A2007-3 amdt 3.316

Notes
s 3     defs reloc to dict A2007-3 amdt 3.315
    sub A2007-3 amdt 3.316

Agreements for lay-by sales of goods not in seller's possession
s 4     am 1966 No 19 (as am 1967 No 36); 1994 No 81 sch

Terms and conditions to be reduced to writing
s 5     am 1966 No 19 (as am 1967 No 36); 1994 No 81 sch

Records
s 6     am 1966 No 19 (as am 1967 No 36); 1994 No 81 sch

Documents to be given to buyer
s 7     am 1966 No 19 (as am 1967 No 36); 1994 No 81 sch

Provision for ‘awards' to be void
s 9     am 1966 No 19 (as am 1967 No 36); 1994 No 81 sch

Other laws and conditions and warranties
s 11     am 1972 No 21

Seller to label and set aside goods after approval by buyer
s 12     am 1966 No 19 (as am 1967 No 36); 1994 No 81 sch

How seller may determine lay-by sale agreement
s 15     am 1966 No 19 (as am 1967 No 36); 1994 No 81 sch

How buyer may determine lay-by sale agreement
s 16     am 1966 No 19 (as am 1967 No 36); 1994 No 81 sch

Money received under certain agreements to be maintained in trust account
s 18     am 1966 No 19 (as am 1967 No 36); 1994 No 81 sch; 1997 No 88 sch

Regulation-making power
s 20     am 1966 No 19 (as am 1967 No 36); 1978 No 46; 1989 No 38 sch 1; 1998 No 54 sch
    sub 2001 No 44 amdt 1.2613

Schedule
sch 1     (prev sch) am 1966 No 19 (as am 1967 No 36); 1978 No 46
    renum R3 LA

Dictionary
dict     ins A2007-3 amdt 3.317
    def goods reloc from s 3 A2007-3 amdt 3.315
    def lay-by sale agreement reloc from s 3 A2007-3 amdt 3.315
    def purchase price ins A2007-3 amdt 3.317

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	ord 1989 No 38	30 June 1991
2	Act 1997 No 88	31 December 1997
3	A2001-44	22 August 2002

© Australian Capital Territory 2007

Australian Capital Territory

A1963-9

Republication No 4

Effective: 12 April 2007

Republication date: 12 April 2007

Last amendment made by A2007-3






Unauthorised version prepared by ACT Parliamentary Counsel's Office

About this republication

The republished law

This is a republication of the Lay-by Sales Agreements Act 1963 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 12 April 2007. It also includes any amendment, repeal or expiry affecting the republished law to 12 April 2007.

              • 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.

Australian Capital Territory

Lay-by Sales Agreements Act 1963

Endnotes

Australian Capital Territory

Lay-by Sales Agreements Act 1963