Australian Capital Territory Consolidated Acts

SALE OF GOODS (VIENNA CONVENTION) ACT 1987 - 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:

              •     ACT

              •     document

              •     Minister (see s 162).

"convention"—see section 3.

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om = omitted/repealed	or to be expired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 Sale of Goods (Vienna Convention) Ordinance 1987 No 11 (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 (Vienna Convention) Act 1987 No 11

notified 9 April 1987

ss 1-3 commenced 9 April 1987 (s 2 (1))

remainder commenced 1 April 1989 (s 2 (2) and Cwlth Gaz 1989 No S105)

as amended by

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)

Sale of Goods (Vienna Convention) (Amendment) Ordinance 1989 No 52

notified 10 May 1989

commenced 10 May 1989

    Legislation after becoming Territory enactment

Acts Revision (Position of Crown) Act 1993 No 44 sch 2

notified 27 August 1993 (Gaz 1993 No S165)

commenced 27 August 1993 (s 2)

Legal Practitioners (Consequential Amendments) Act 1997 No 96 sch 1

notified 1 December 1997 (Gaz 1997 No S380)

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

sch 1 commenced 1 June 1998 (s 2 (2))

Legislation (Consequential Amendments) Act 2001 No 44 pt 354

notified 26 July 2001 (Gaz 2001 No 30)

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

pt 354 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)

Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.89

notified LR 22 March 2007

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

sch 3 pt 3.89 commenced 12 April 2007 (s 2 (1))

4     Amendment history

Dictionary
s 2     om 2001 No 44 amdt 1.3836
    ins A2007-3 amdt 3.459

Notes
s 2A     ins A2007-3 amdt 3.459

Act binds Crown
s 4     om 1993 No 44 sch 2

Evidence of certain matters
s 7     am 1989 No 38 sch 1; 1997 No 96 sch 1; 2001 No 44 amdt 1.3837, amdt 1.3838

Seat of Government (Administration) Ordinance 1930—amendment
s 8     om 1989 No 52 s 3

United Nations Convention on Contracts for the International Sale of Goods
sch 1     (prev sch) am 1989 No 52 s 4
    renum R3 LA

Dictionary
dict     ins A2007-3 amdt 3.460
    def convention ins A2007-3 amdt 3.460

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 52	31 October 1991
2	Act 1997 No 96	31 March 1999
3	A2001-44	13 June 2002

© Australian Capital Territory 2007

Australian Capital Territory

A1987-11

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 Sale of Goods (Vienna Convention) Act 1987 (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

Sale of Goods (Vienna Convention) Act 1987

Section 1 Delivery of the goods and handing over of documents 15

Section 2 Conformity of the goods and third party claims 17

Section 3 Remedies for breach of contract by the seller 21

Section 1 Payment of the price 25

Section 2 Taking delivery 27

Section 3 Remedies for breach of contract by the buyer 27

Section 1 Anticipatory breach and instalment contracts 31

Section 2 Damages 33

Section 3 Interest 34

Section 4 Exemptions 34

Section 5 Effects of avoidance 35

Section 6 Preservation of the goods 37

Endnotes

Australian Capital Territory

Sale of Goods (Vienna Convention) Act 1987