Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated ActsDictionary
(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:
• document
• under
• writing.
"action" includes counterclaim and set-off.
"buyer" means a person who buys or agrees to buy goods.
"contract of sale" includes an agreement to sell as well as a sale.
"delivery" means voluntary transfer of possession from one person to another.
"document of title", in relation to goods, includes—
(a) bill of lading, dock warrant, warehouse keeper's certificate, wharfinger's certificate and warrant or order for the delivery of the goods; and
(b) any other document used in the ordinary course of business as proof of the possession or control of the goods or authorising or purporting to authorise, either by endorsement or delivery, the possessor of the document to transfer or receive the goods it represents.
"fault "means wrongful act or default.
"future goods" means goods that are to be manufactured or acquired by the seller after the making of the contract of sale.
"goods" includes all chattels personal other than things in action and money and also includes emblements, industrial growing crops, and things attached to or forming part of the land, that are to be severed before sale or under the contract of sale.
"mercantile agent" means a mercantile agent having in the customary course of his or her business as a mercantile agent authority either to sell goods or to consign goods for the purpose of sale, or to buy goods or to raise money on the security.
"plaintiff "includes a defendant counterclaiming.
"property" means the general property in goods and not merely a special property.
"quality", in relation to goods, includes a state or condition of the goods.
"sale" includes a bargain and sale as well as a sale and delivery.
"seller" means a person who sells or agrees to sell goods.
"sheriff "includes any officer charged with the enforcement of a writ of execution.
"specific goods" means goods identified and agreed on at the time a contract of sale is made.
"warranty "means an agreement with reference to goods that are the subject of a contract of sale, but collateral to the main purpose of the contract, breach of which gives rise to a claim for damages but not to a right to reject the goods and treat the contract as repudiated.
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.
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am = amended |
ord = ordinance |
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amdt = amendment |
orig = original |
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ch = chapter |
par = paragraph/subparagraph |
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def = definition |
pres = present |
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dict = dictionary |
prev = previous |
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disallowed = disallowed by the Legislative |
(prev...) = previously |
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Assembly |
pt = part |
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div = division |
r = rule/subrule |
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exp = expires/expired |
renum = renumbered |
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Gaz = gazette |
reloc = relocated |
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hdg = heading |
R[X] = Republication No |
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IA = Interpretation Act 1967 |
RI = reissue |
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ins = inserted/added |
s = section/subsection |
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LA = Legislation Act 2001 |
sch = schedule |
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LR = legislation register |
sdiv = subdivision |
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sub = substituted |
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mod = modified/modification |
SL = Subordinate Law |
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o = order |
underlining = whole or part not commenced |
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om = omitted/repealed |
or to be expired |
This Act was originally a Commonwealth ordinance—the Sale of Goods Ordinance 1954 No 15 (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
Sale of Goods Act 1954 No 15
notified 12 August 1954
commenced 1 October 1954 (s 2)
as amended by
Sale of Goods Ordinance 1967 No 25
notified 27 July 1967
commenced 1 August 1967 (s 2)
Sale of Goods Ordinance 1975 No 39
notified 31 October 1975
commenced 31 October 1975
Ordinances Revision Ordinance 1977 No 65 sch 2
notified 22 December 1977
commenced 22 December 1977
Legislation after becoming Territory enactment
Registration of Interests in Goods (Consequential Amendments) Act 1990 No 20 s 4
notified 21 June 1990 (Gaz 1990 S30)
commenced 30 June 1990 (s 2 and see Gaz 1990 No S46)
Magistrates Court (Enforcement of Judgments) Act 1994 No 61 pt 7 div 5
notified 11 October 1994 (Gaz 1994 No S197)
s 1, s 2 commenced 11 October 1994 (s 2 (1))
pt 7 div 5 commenced 10 April 1995 (s 2 (2) and Gaz 1995 No S75)
Legislation (Consequential Amendments) Act 2001 No 44 pt 353
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 353 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)
Fair Trading Legislation Amendment Act 2001 No 77 pt 5
notified LR 14 September 2001
s 1, s 2 commenced 14 September 2001 (LA s 75)
pt 5 commenced 14 March 2002 (s 2 and LA s 79)
Statute Law Amendment Act 2005 (No 2) A2005-62 sch 3 pt 3.19
notified LR 21 December 2005
s 1, s 2 commenced 21 December 2005 (LA s 75 (1))
sch 3 pt 3.19 commenced 11 January 2006 (s 2 (1))
Name of
Act
s 1 sub A2005-62 amdt
3.171
Dictionary
s
2 om 2001 No 44 amdt 1.3835
ins
A2005-62 amdt 3.171
Notes
s
3 om 1977 No 65 sch 2
ins A2005-62
amdt 3.171
Key
concepts
s 4 om 2001 No 44 amdt
1.3835
ins A2005-62 amdt
3.171
Interpretation for
Act
s 5 defs reloc to dict
A2005-62 amdt 3.172
om A2005-62 amdt
3.173
Contract of
sale
div 2.1 hdg (prev pt 2 div 1
hdg) renum R3 LA
Sale and agreement to
sell
s 6 ss renum R3
LA
Formalities of
contract
div 2.2 hdg (prev pt 2
div 2 hdg) renum R3 LA
Subject matter of
contract
div 2.3 hdg (prev pt 2
div 3 hdg) renum R3 LA
Contracts for sale of 10 pounds and
upwards
s 9 am 1967 No 25 s
3
om 1975 No 39 s 2
The
price
div 2.4 hdg (prev pt 2 div
4 hdg) renum R3 LA
Conditions and
warranties
div 2.5 hdg (prev pt 2
div 5 hdg) renum R3 LA
When condition to be treated as
warranty
s 16 am 1975 No 39 s 3;
2001 No 77 s 23; ss renum R3 LA (see 2001 No 77 s 24)
Implied conditions as to quality and
fitness
s 19 am 2001 No 77 s 25;
ss renum R3 LA (see 2001 No 77 s 26)
Sale by
sample
div 2.6 hdg (prev pt 2 div
6 hdg) renum R3 LA
Transfer of property between seller and
buyer
div 3.1 hdg (prev pt 3 div
1 hdg) renum R3 LA
Transfer of
title
div 3.2 hdg (prev pt 3 div
2 hdg) renum R3 LA
Sale by person not the
owner
s 26 am 1990 No 20 s
4
Resale under voidable
title
s 27 am A2005-62 amdt
3.174
Seller or buyer in possession after
sale
s 29 am A2005-62 amdt
3.174
Effects of writs of
execution
s 30 am 1994 No 61 s
82; A2005-62 amdt 3.174
Delivery of wrong
quantity
s 34 ss renum R3
LA
Delivery to
carrier
s 36 ss renum R3
LA
Acceptance
s
39 am 1975 No 39 s 4
General
div
5.1 hdg (prev pt 5 div 1 hdg) renum R3 LA
Unpaid seller's
lien
div 5.2 hdg (prev pt 5 div 2
hdg) renum R3 LA
Stoppage in
transitu
div 5.3 hdg (prev pt
5 div 3 hdg) renum R3 LA
Resale by buyer or
seller
div 5.4 hdg (prev pt 5 div
4 hdg) renum R3 LA
Effect of sub-sale or pledge by
buyer
s 50 am A2005-62 amdt
3.174
Remedies of
seller
div 6.1 hdg (prev pt 6 div
1 hdg) renum R3 LA
Remedies of
buyer
div 6.2 hdg (prev pt 6 div
2 hdg) renum R3 LA
Exclusion of implied terms and
conditions
s 58 om 2001 No 77 s
27
Savings
s
62 am 1975 No 39 s 5; ss renum R3 LA
Dictionary
dict ins
A2005-62 amdt 3.175
def
action reloc from s 5 A2005-62 amdt
3.172
def buyer reloc
from s 5 A2005-62 amdt 3.172
def
contract of sale reloc from s 5 A2005-62 amdt
3.172
def delivery
reloc from s 5 A2005-62 amdt
3.172
def document of
title reloc from s 5 A2005-62 amdt
3.172
def fault reloc
from s 5 A2005-62 amdt 3.172
def
future goods reloc from s 5 A2005-62 amdt
3.172
def goods reloc
from s 5 A2005-62 amdt 3.172
def
mercantile agent reloc from s 5 A2005-62 amdt
3.172
def plaintiff
reloc from s 5 A2005-62 amdt
3.172
def property
reloc from s 5 A2005-62 amdt
3.172
def quality
reloc from s 5 A2005-62 amdt
3.172
def sale reloc
from s 5 A2005-62 amdt 3.172
def
seller reloc from s 5 A2005-62 amdt
3.172
def sheriff am
1994 No 61 s 81
reloc from s 5
A2005-62 amdt 3.172
def
specific goods reloc from s 5 A2005-62 amdt
3.172
def warranty
reloc from s 5 A2005-62 amdt 3.172
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 |
Act 1990 No 20 |
31 October 1991 |
|
2 |
Act 1994 No 61 |
10 April 1995 |
|
3 |
A2001-77 |
9 April 2002 |
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2006