Australian Capital Territory Consolidated Acts

MERCANTILE LAW ACT 1962 - SECT 22

    (1)     Subject to this part, a warehouse person may, in addition to any other remedy provided by law for the enforcement of liens or for the recovery of warehouse persons' charges, issue a notice of intention to sell the goods.

    (2)     Notice of intention to sell goods under this section shall be given by the warehouse person to—

        (a)     the person liable as debtor for the charges for which the lien on the goods exists; and

        (b)     any person who has served upon the warehouse person a notice of his or her claim to be the owner of the goods or an interest in the goods; and

        (c)     the grantee or transferee of a bill of sale relating to the goods, being a person to whom notice of the lien has been given under section 20, unless the bill of sale has become null and void or a discharge has been registered in respect of it; and

        (d)     any other person of whose interest in the goods the warehouse person has knowledge.

    (3)     Notice of intention to sell goods under this section—

        (a)     shall be in writing; and

        (b)     shall contain—

              (i)     a brief description of the goods; and

              (ii)     a statement showing the situation of the warehouse where the goods are stored, the date of their deposit with the warehouse person and the name of the person by whom they were deposited; and

              (iii)     an itemised statement of the warehouse person's charges showing the sum due at the date of the notice; and

              (iv)     a demand that the amount of the charges as stated in the notice and such further charges as may accrue shall be paid on or before a day specified in the notice, being a day not less than 1 month after the delivery of the notice, if it is personally delivered, or after the time when the notice should reach its destination according to the due course of post, if it is sent by post; and

              (v)     a statement that unless the charges are paid within the time mentioned the goods will be sold by a method, and at a time and place, specified in the notice.

    (5)     This section applies only to cases in which some part of the charges in arrear are in respect of a period more than 12 months prior to the date upon which notice of intention to sell is given.