Bills of Sale Act Amendment Act 1966 (WA)

1966.] Bills of Sale. [No. 33.

BILLS OF SALE.

No. 33 of 1966.

AN ACT to amend the Bills of Sale Act, 1899-1963.

[Assented to 31st October, 1966.]

RE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the

Short title

same, as follows:—

and citation.

Vol. 12

1. (1) This Act may be cited as the Bills of Sale El:`.`nted Approved 12for

Act Amendment Act 1966. Mar, rent th

Mae. 19 58as

amended by

(2) In this Act the Bills of Sale Act, 18994963, otarasi,,J,

is referred to as the principal Act. 14 of 1963.

(3) The principal Act as amended by this Act

may be cited as the Bills of Sale Act, 1899-1966.

No. 33.] Bills of Sale. [1966.

Commence-

ment. 2. This Act shall came into operation on a date

to be fixed by proclamation.

S. 5 am.

Section five of the principal Act is amended by adding after the word, "grain" in line three of the interpretation, "Crops", the passage, ", and vegetables, cotton, lucerne and clovers".

3.

S. 13A added. 4. The principal Act is amended by adding after

section thirteen a section as follows-

Power of

Registrar	13A. (1) Where a bill of sale is not
to extend

time for

presented for registration or registered within

registration

or renewal

the time required by or prescribed under this

of registra-

tion of a Bill

Act, or an affidavit of renewal of the registration

of Sale.

of a registered bill of sale is not duly filed within

the time so required or prescribed if

(a)	an application accompanied by an affidavit verifying the facts of the case is made to the Registrar by the grantee of the bill of sale or any other person acting on his behalf, requesting that the relevant period of time so required or prescribed be extended; and
(b)	the Registrar is satisfied that the omission to present for registration, register or renew the registration of the bill of sale was unavoidable, accidental or due to inadvertence,

the Registrar may, in his discretion, at any time not later than three months after the time the bill of sale should have been presented for registration or the registration thereof should have been effected or renewed, grant the application and extend the lastmentioned time for such period not exceeding seven days after the application is granted, as the Registrar thinks fit.

(2) Where the Registrar, refuses an applica- tion under this section, the applicant may apply in manner prescribed to a Judge under subsec- tion (3) of this section.

19661 Bills of Sale. [No. 33.

(3) On an application made under subsection (2) of this section to a Judge, the Judge on being satisfied that the omission to present for registration or register the bill of sale or file an affidavit of renewal thereof within the time required by or prescribed under this Act was unavoidable, accidental or due to inadvertence, may on such terms and conditions as he thinks fit, order that the time for presenting the bill of sale for registration, effecting the registration of the bill of sale or filing the affidavit of renewal thereof shall be extended.

(4) The Registrar to whom an application is made under subsection (1) of this section may, in any case of doubt or difficulty arising in determining the application, refer the applica- tion by motion to a Judge for determination and the Judge may determine the application under section thirteen of this Act, as though the application had been made to him under that section in the first instance.

(5) Where a bill of sale is registered or the registration thereof is renewed after the time required by or prescribed under this Act has been extended under this section or section thirteen of this Act, the registration of the bill of sale or renewal thereof shall be without prejudice to the rights, if any, of third parties that are acquired between the time

(a)	the bill of sale should have been presented for registration or the affidavit of renewal duly filed, as required by or prescribed under this Act; and
(b)	the bill of sale is presented for registra- tion or the registration thereof renewed.

(6) Subject to subsection (5) of this section, nothing in this section shall be construed as taking away or in any way derogating from or diminishing any power or jurisdiction conferred

on a Judge by section thirteen of this Act. .

No. 33.] Bills of Sale. [1966.

8. /7P

amended. 5. Section seventeen P of the principal Act is

amended

(a)	by substituting for the words, "or twine" in line ten, the passage, ", twine or materials for spraying";
(b)	by substituting for the passage, "and harvesting such crops," in line eleven the words, "harvesting or spraying those crops or to secure the cost of spraying those crops".

Thirteenth

Schedule 6. The Thirteenth Schedule to the principal Act

amended.	is amended by adding at the end of the Schedule a
passage as follows

On the lodging of an application to the Registrar under Section 13A of this Act including the affidavit in support of the application $4.00.