Queensland Consolidated Acts

BILLS OF SALE AND OTHER INSTRUMENTS ACT 1955

TABLE OF PROVISIONS

           Long Title

           Contents

           Part 1--Preliminary

   1.      Short title
   2.      Act binds all persons
   5.      Liens on Crops of Sugar Cane Act not affected
   6.      Definitions
   6A.     Application of Act to bills of sale
   6B.     Limitation on separate assignment etc.
   6C.     Rents and profits
   6D.     Hire-purchase agreements

           Part 2--Registration and its effects

           Division 1--Application of part

   7.      Application of pt 2

           Division 2--The register and registration

   8.      Register
   9.      Application for registration of security interest
   10.     Application for renewal of registration of security interest
   11.     Registration, or renewal of registration, of security interest
   12.     Expiry of registration

           Division 3--Other provisions about registration and registered security interests

   13.     Inspecting the register
   14.     Copies of documents to which security interest relates
   15.     Registration of confiscation orders
   16.     Application for registration of assignment of registered security interest
   17.     Registration of assignment of a registered security interest
   18.     Effect of failure to register a security interest
   18A.    Priority given from time of registration
   18B.    Priority of security interests

           Division 4--Discharge of registered security interests

   18C.    Application for discharge of registered security interest
   18D.    Registration of discharge of registered security interest
   18E.    Duty after interest fully discharged
   18F.    Borrower may seek registration of discharge or change in particulars

           Division 5--Changes to register

   18G.    Changes to particulars in register
   18H.    Correction of errors
   18I.    Removal of particulars of improperly registered interests

           Division 6--Compensation for loss

   18J.    Application of div 6
   18K.    Compensation for loss

           Division 7--General

   18L.    Chief executive to be satisfied duty has been accounted for

           Part 3--Contents and attesting of instruments etc.

   19.     Contents of instruments
   19A.    Further advances
   20.     Instrument to be attested and when registered to have effect of a deed
   21.     Effect of bill of sale on chattels acquired later
   23.     Saving

           Part 4--Optional registration of assignments of book debts; provisions relating to stock mortgages, liens on crops and liens on wool

           Division 2--Stock mortgages

   25.     Stock under stock mortgage are chattels
   26.     How stock to be described in mortgage etc.
   27.     Stock to include increase of stock etc.
   28.     Special provisions as to poultry etc.
   29.     Security may not be given without consent to third party over wool of mortgaged sheep
   30.     Borrower may provide for lender to have wool from mortgaged sheep

           Division 3--Liens on crops

   31.     Liens may be given on crops
   32.     Savings of existing mortgages etc.

           Division 4--Liens on wool

   34.     Security may be given over wool
   35.     Wool to continue subject to lien despite subsequent sale or mortgage
   36.     Lender may take possession and shear sheep subject to the lien if borrower neglects to do so

           Part 5--Miscellaneous

   37.     Security interest securing account current
   37A.    False or misleading statements
   37B.    False or misleading documents
   37C.    Protection from liability
   38.     Delegations
   39.     Covenants for title—sch 4
   40.     Covenants etc. implied in instruments by way of security—sch 5
   41.     Meaning of abbreviated terms—sch 6
   42.     Covenants to be several as well as joint
   43.     Covenants to bind executors
   44.     Covenants etc. may be negatived or varied
   45.     Chattels not to be sold until at least 14 days after seizure
   45A.    Arrangements for fees
   46.     Approval of forms
   47.     Regulation-making power

           Part 6--Transitional and saving provisions for Bills of Sale and Other Securities Amendment Act 1999

   50.     Transitional provisions about register
   51.     Transitional provision about registered instruments
   52.     Transitional provision about crop liens
   53.     Transitional provision about expiry of liens on wool
   54.     Transitional provision about stock mortgages and certain other securities
   55.     Saving of priority
   56.     Validation
           Part 7 Transitional provision for Motor Vehicles Securities
           and Other Acts Amendment Act 2003
   57.     Ending registration of security interest in boat or outboard motor
           SCHEDULE 4 -- COVENANTS IMPLIED IN ALL INSTRUMENTS
           SCHEDULE 5 --
           SCHEDULE 6 -- MEANINGS OF ABBREVIATED TERMS
           Endnotes