Australian Capital Territory Consolidated Acts

LAY-BY SALES AGREEMENTS ACT 1963 - SECT 10

    (1)     If a buyer is liable to make payments in relation to 2 or more lay-by sales agreements to the same seller and he or she pays to the seller in relation to the agreements a sum that is not sufficient to discharge the total amount due under all the agreements, the buyer may, notwithstanding any agreement to the contrary, direct the seller—

        (a)     to appropriate the sum paid in or towards the satisfaction of the sum due under any 1 of the agreements; or

        (b)     to appropriate the sum paid in or towards the satisfaction of the sums due under 2 or more of the agreements in the proportions that the buyer specifies; or

        (c)     to appropriate the portions of the sum paid that the buyer specifies in or towards the satisfaction of the sums due under such of the agreements as the buyer specifies;

and, if the seller fails to comply with the direction, the sum shall, notwithstanding the failure, be deemed to have been appropriated by the seller accordingly.

    (2)     If the buyer does not give a direction under subsection (1), the sum paid by him or her shall be appropriated by the seller towards the satisfaction of the sums due under the respective lay-by sales agreements in the proportions that those sums bear to the total amount due under all the agreements, and, if the seller fails so to appropriate the sum, it shall, notwithstanding the failure, be deemed to have been so appropriated.

    (3)     This section applies to, and in relation to, lay-by sales agreements whether the lay-by sales agreements were entered into before, or are entered into after, the commencement of this Act.