South Australian Consolidated Acts

BILLS OF SALE ACT 1886 - SECT 38B

38B—Minister may discharge bill of sale in certain circumstances

        (1)         Where all money secured by a bill of sale has been paid by the grantor and the grantee—

            (a)         is dead; or

            (b)         cannot be found; or

            (c)         is incapable of executing a discharge of the bill of sale; or

            (d)         has, in the opinion of the Minister, refused to execute a discharge of the bill of sale without sufficient reason,

the Minister may execute a discharge of the bill of sale.

        (1a)         The Minister must not execute a discharge of a bill of sale pursuant to subsection (1)(d) unless—

            (a)         the Registrar-General has sent by certified mail to the grantee at his or her last known address a notice stating that the Minister proposes to discharge the bill of sale pursuant to subsection (1)(d) at the expiration of the prescribed period unless the grantee establishes to the satisfaction of the Minister that he or she is justified in refusing to execute a discharge of the bill of sale; and

            (b)         the prescribed period has elapsed since the notice was sent.

        (1b)         The prescribed period is—

            (a)         in a case where the notice is addressed to the grantee within Australia—one month;

            (b)         in any other case—two months.

        (2)         The Minister may receive money on behalf of a grantee, or the estate of a grantee, who—

            (a)         is dead; or

            (b)         cannot be found; or

            (c)         is incapable of executing a discharge of the bill of sale; or

            (d)         has, in the opinion of the Minister, refused to accept payment under the bill of sale without sufficient reason,

and any money so received will, for the purposes of this section and the bill of sale, be taken to have been paid to the grantee.

        (3)         Any money received by the Minister under subsection (2) must be held by the Minister upon trust for the grantee or other person entitled to it.

        (4)         Subject to subsection (5), a discharge of a bill of sale executed under this section has the same effect as a discharge executed by the grantee.

        (5)         A discharge of a bill of sale executed under this section does not operate as a discharge of the personal covenants of the bill of sale.