Victorian Consolidated Legislation

Goods Act 1958 - SECT 120

PART V RIGHTS OF HIRERS UNDER HIRE-PURCHASE AGREEMENTS

Definitions

120. Definitions



(1) In this Part-

hire purchase agreement includes-

   (a)  an agreement for the hire or letting of goods with an option to
        purchase; and

   (b)  an agreement for the purchase of goods by instalments (whether the
        agreement describes the instalments as rent, hire or otherwise)- but
        does not include an agreement-

   (c)  to which the Hire-Purchase Act 1959 applies; or

   (d)  under which the property in the goods comprised in the agreement
        passes at the time of the agreement or any time before the delivery of
        goods; or

   (e)  that is a regulated contract within the meaning of the
        Credit Act 1984; or

   (f)  that is a credit contract within the meaning of the Consumer Credit
        (Victoria) Code;

owner means a person who lets, hires or agrees to sell goods under a
hire-purchase agreement and includes a person to whom the owner's property in
the goods or any of the owner's rights or liabilities under the agreement have
passed by assignment or by operation of law;

hirer means a person to whom goods are let, hired or agreed to be sold under a
hire-purchase agreement and includes a person to whom the hirer's rights or
liabilities under the agreement have passed by assignment or by operation of
law.

(2) A reference in this Part to taking possession by an owner of goods
comprised in a hire-purchase agreement does not include a reference to taking
possession by the owner as a result of the voluntary return of the goods by
the hirer.