Victorian Bills Victorian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Hire-Purchase (Amendment) Act 1997
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 1
3. Principal Act 2
4. Definitions 2
5. Content of hire-purchase agreement 2
6. New section 3A inserted 2
3A. Reimbursement of rental business duty 2
7. Amendment of First Schedule 3
NOTES 4
i
531168B.I1-3/4/97
PARLIAMENT OF VICTORIA
A BILL
to amend the Hire-Purchase Act 1959 and for other purposes.
Hire-Purchase (Amendment) Act 1997
The Parliament of Victoria enacts as follows:
1. Purpose
The purpose of this Act is to amend the Hire-
Purchase Act 1959 to allow for the passing on of
rental business duty to the hirer.
5 2. Commencement
This Act is deemed to have come into operation
on 1 May 1997.
1
531168B.I1-3/4/97
Hire-Purchase (Amendment) Act 1997
s. 3
Act No.
3. Principal Act
No. 6531.
Reprinted to
In this Act the Hire-Purchase Act 1959 is called
No. 57/1989
the Principal Act.
and
subsequently
amended by
Nos 41/1995
and 35/1996.
4. Definitions
5 In section 2(1) of the Principal Act--
(a) after the definition of "period of the
agreement" insert--
' "rental business duty" means duty
payable under section 131AC of the
10 Stamps Act 1958;';
(b) in the definition of "total amount payable"
after "agreement" insert ", other than
amounts by way of reimbursement of rental
business duty".
15 5. Content of hire-purchase agreement
In section 3(2)(c) of the Principal Act--
(a) at the end of sub-paragraphs (i), (ii), (iii) and
(v) insert "and";
(b) after sub-paragraph (v) insert--
20 "(vi) if the agreement imposes an obligation
on the hirer to reimburse the owner for
rental business duty, a statement to that
effect;".
6. New section 3A inserted
25 After section 3 of the Principal Act insert--
"3A. Reimbursement of rental business duty
(1) A hire-purchase agreement may impose an
obligation on the hirer to reimburse the
2
531168B.I1-3/4/97
Hire-Purchase (Amendment) Act 1997
s. 7
Act No.
owner in respect of a liability incurred by the
owner for rental business duty referable to
the agreement.
(2) If a hire-purchase agreement entered into on
5 or after 1 January 1997 but before 1 May
1997 imposes an obligation on the hirer to
reimburse the owner in respect of
government duties or charges, that
agreement imposes an obligation on the hirer
10 to reimburse the owner in respect of any
liability incurred on or after 1 May 1997 by
the owner for rental business duty referable
to the agreement.
(3) Sub-section (2) does not apply if the hire-
15 purchase agreement specifically excludes the
reimbursement of rental business duty.".
7. Amendment of First Schedule
In the First Schedule to the Principal Act--
(a) after "The difference between the cash price
20 of the goods and the total amount you will
have to pay is therefore $" insert--
"# In addition to the total amount above,
you will have to reimburse the owner of
the goods for any rental business duty
25 for which the owner becomes liable
under the Stamps Act 1958 in relation
to this agreement.";
(b) after "* Insert short description of goods."
insert--
30 "# Include this statement if the agreement
will impose an obligation on the hirer
to reimburse the owner for rental
business duty.".
35
3
531168B.I1-3/4/97
Hire-Purchase (Amendment) Act 1997
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
4
531168B.I1-3/4/97
[Index] [Search] [Download] [Related Items] [Help]