South Australian Consolidated Acts

BILLS OF SALE ACT 1886 - SECT 23

23—Registration of dealings with registered bills of sale

        (1)         The Registrar must, upon the application of a party or holder of a registered bill of sale or any other person interested, register any dealing with the bill of sale.

        (2)         An application under subsection (1)—

            (a)         may be made orally or, if the Registrar so requires, must be in writing in such form as the Registrar may require; and

            (b)         must be accompanied by the duplicate bill of sale; and

            (c)         must be supported by such evidence and other documents (if any) as the Registrar may require.

        (3)         The Registrar must register the dealing with the bill of sale by entering particulars of the dealing on the original bill of sale (including, in the case of an extension, the date and hour of the entry) and authenticating the entry by the Registrar's seal and signature.

        (4)         Where a dealing with a bill of sale is effected by separate instrument and registered under this section, the Registrar must, upon application, file the separate instrument or a duplicate of the separate instrument in the registry.

        (5)         Where a discharge is registered under this section and the discharge is for the whole of the money secured by the bill of sale, the Registrar must retain the duplicate bill of sale and file it in the registry.

        (6)         Where the Registrar is satisfied, on the basis of such evidence as the Registrar requires, that the duplicate bill of sale has been lost or destroyed the Registrar—

            (a)         may permit a dealing with the bill of sale to be effected by endorsement on the original bill of sale; and

            (b)         may dispense with the requirement that the duplicate bill of sale be produced.