Western Australian Consolidated Acts

HIRE-PURCHASE ACT 1959

TABLE OF PROVISIONS

           Long Title

   PART I -- Preliminary  

   1.      Short title and commencement  
   1A.     Application of Act  
   2.      Interpretation  
   2A.     Orders making Act inapplicable  
   2B.     Consumer Credit (Western Australia) Code prevails over this Act  

   PART II -- Formation and contents of hire-purchase agreements  

   3.      Summary of proposed hire-purchase transaction to be given to prospective hirer  
   4.      Certain copy documents to be served on hirer  

   PART III -- Protection of hirers  

           Division 1 -- Warranties and conditions  

   5.      Conditions and warranties to be implied in every hire-purchase agreement  
   6.      As to the liability of the owner and the dealer for misrepresentation  

           Division 2 -- Statutory rights of hirers  

   7.      Hirer to be entitled to copy of agreement and statement of his present position  
   8.      As to appropriation of payments when more than one agreement  
   9.      As to assignments of rights under hire-purchase agreements  
   10.     Power of court to allow goods to be removed  

           Division 3 -- Early completion of agreements  

   11.     Hirer to be entitled to finalise agreement at any time  

           Division 4 -- Voluntary return of goods  

   12.     Power of hirer to determine hiring  

           Division 5 -- Repossessions  

   12A.    Protected goods  
   13.     Notices to be given to hirer when goods repossessed  
   14.     Owner to retain possession of goods repossessed for 21 days  
   15.     As to hirer’s rights and immunities when goods repossessed  
   16.     Power of hirer to regain possession of goods in certain circumstances  
   17.     Power of court to vary existing judgments or orders when goods are repossessed  

   PART IV -- Guarantees  

   18.     Provisions as to guarantors  
   19.     Guarantor not to be bound in certain cases unless independently advised  

   PART V -- Insurance  

   20.     As to insurance of goods comprised in hire-purchase agreements  
   21.     Powers of court in relation to insurance contracts associated with hire-purchase agreements  
   22.     As to contents of contracts of insurance  
   23.     Application of Part V  

   PART VI -- Miscellaneous  

   23A.    Commissioner  
   23B.    Delegation by Commissioner  
   24.     Power of court to reopen certain hire-purchase transactions  
   25.     Power of court to restrain repossession of certain goods from farmer  
   26.     Liens  
   27.     Fixtures  
   28.     Avoidance of certain provisions  
   29.     Restrictions on payments to owners of goods by financiers  
   30.     Certain transactions prohibited  
   31.     As to securities collateral to hire-purchase agreements  
   32.     False statements by dealers in proposals  
   33.     Hirer may be required to state where goods are  
   34.     Fraudulent sale or disposal of goods by hirer  
   35.     Power of court to extend times  
   36.     Power of court to order delivery of goods unlawfully detained  
   36A.    Relief against consequences of breach  
   36C.    Application of certain provisions of the Consumer Affairs Act 1971  
   37.     As to service of notices  
   37A.    Orders dispensing with service  
   38.     Size, etc., of type, etc., required in certain documents  
   39.     Penalty  
   40.     Time for commencement of prosecution  
   40A.    Regulations  
           FIRST SCHEDULE
           SECOND SCHEDULE
           THIRD SCHEDULE
           FOURTH SCHEDULE
           FIFTH SCHEDULE
           Compilation table