Cash Orders and Hire-purchase Agreements Regulation Act of 1946 (10 Geo Vi No. 46) (Qld)

MEROANTILE. 10 GEO. VI. No. 46, 1946. Gash Order8 and Hire-purchase, Etc., Act. MERCANTILE. An Act to Regulate and Control Cash Orders and 10 N G o B . O 4 . 6 V . I. to Amend "The Hire-purchase Agreement OR T D H E E RS CA A .S .N H D HIRl!l- Acts, 1933 to 1943," in certain particulars. AG PU RE R E C M H l A lI I i j l E '!fS REGULATION [AsSENTED TO 28TH NOVEMBER, 1946.] Av!!' OF 1946. B E it enacted by the King's Most Excellent :Majesty, by and with the advice and consent of the Legis- lative Assembly of Queenslandin Parliament assembled, and by the authority of the same, as follows:- . PART I.-PRELIMINARY. PAR!!' I. PRELDlINARY. 1. This Act may be cited as " The Cash Orders and Short title. Hire-purchase Agreements Regulation Act of 1946." *2. This Act shall come into force on a date to be Commence- fixed by the Governor in Council by Proclamation ment of Act. published in the Gazette, which date is herein referred to as the commencement of this Act. 3. This Act is divided into Parts as follows: - PART I.-PRELIMINARY; Parts of Acl. PART II.-CASH ORDERS; Part III.-AMENDMENTS OF t" THE HIRE- PURCHASE AGREEMENT ACTS, 1933 TO 1943" ; PART IV.-MISCELLANEOUS. 4. (1.) The Minister may from time to time by Delegation writing under his hand delegate to the Under Secretary, by Ministcr. Department of Justice, or any other officer of the Public Service as set forth in the delegation, all or any of his powers and functions and authorities under t" The H ire- purcha.se Agreement Acts, 1933 to 1943 " (as amended by this Act) and also under this Act (except this power of delegation) in relation to any matters or class of matters so that the delegated powers, functions, and authorities may be exercised by the delegate with respect to the matters or class of matters specified in the instrument of delegation. (2.) Every delegation by the Minister shall be revocable in writing at will, and no delegation shall prevent the exercise of any power, function, or authority by the Minister. .. Commenced 1st March, 1947 (Proclamation published Gazette, 8th February, 1947. p. 379). t 245 V. No. 9and amending Acts.

202 MERCANTILE. PUT II.- o~~ ~ ~ s. Cash Orders and Hire-pUTch&e, Etc., Act. 10 GEO. VI. No. 46, PART II.-CASH ORDERS. Definitions. 5. In this Part, unless the context otherwise indicates, the following terms have the meanings respec- tively assigned to them, that is to say;- Cash loan. "Cash loan "-Means a loan of money made, or Cash order. to be made, by a cash order trader; " Cash order "-Includes any document which is issued for the purpose of enabling a person to receive goods, services, or other valuable consideration in exchange therefor and in consideration of, or in association with, an agreement by that person to pay to the person issuing the order the amount thereof at a fixed or determinable future time, or by instalments, but does not include a bill of exchange ; Cash order trader. "Cash order trader "-Means a person who carries on the business of issuing cash orders, whether alone or in conjunction with any other business; Cash price. " Cash price "-In relation to any goods, means the price at which the goods might be purchased for cash, including any sum payable in respect of sales tax, freight, delivery, installation, and other like sums; Licence. " Licence "-Means licence under this Part of this Act. Minister. " Minister "-The Attorney-General or other Minister of the Crown for the time being administering this Part of this Act. Licensing of 6. (1.) The Minister may, in his discretion, and upon ~~ ~ J! ting payment of a fee of one pound, grant to any person a cash order licence to issue cash orders at an office or other like businesses. place of business at such address or addresses as is or are specified in the licence. (2.) An applicant for a licence shall furnish the Minister with such information as the Minister requires. (3.) Subject to this Part of this Act, a licence shall continue in force for such period not exceeding twelve months as is specified in the licence. (4.) Where any person has been convicted of an offence arising under this Part of this Act the Minister may cancel any licence granted to that person under this Part of this Act.

1946. MERCANTILE. Cash Orders and Hire-purchase, Etc., Act. PART II.- CASH ORDERS.- 7 (1.) A person shall not issue a cash order or Cash orders; make a cash loan at any time unless such person is the ! ~ ~ e~ Oo~ ry holder of a licence then in force. at licensed (2.) Sub] · ect to t he next succeeding subsect'IOn, a bofefirceecse a iv n e d d to person shall not, without the consent in writing of the in person. Minister, issue a cash order or make a cash loan- (a) At any place other than an office or other like place of business at an address specified in a licence in force in favour of that person; and (b) Unless the applicant for the cash order or cash loan receives it in person at such an office or place. (3.) Nothing in the last preceding subsection shall prevent a cash order trader from issuing a cash order otherwise than to the applicant therefor in person if an application in writing for the issue of the cash order has been received otherwise than through an employee or agent of the cash order trader. (4.) An employee or agent of a cash order trader shall not- (a) Prepare or complete an application for the issue of a cash order; or (b) Accept or receive an application for the issue of a cash order for transmission through the post or otherwise to a cash order trader. 8. (1.) Subject to the next succeeding subsection, a Canvassing· . pe.rs.on shall not, without the consent in writing of the ~~ ~~: ~h &c., Mlll1ster- prohibited. (a) Invite or induce or employ or engage any agent or canvasser for the purpose of inviting or inducing any person to obtain the issue of a cash order or to obtain a cash loan; or (b) Send or deliver, or cause to be sent or delivered, to any person, except in response to the written request of that person, any circular or other document, or issue or publish, or cause to be issued or published, anyadvertise- ment, containing an invitation, inducement, or suggestion- (i.) To obtain the issue of a cash order or to obtain a cash loan; or (ii.) To apply to any person or at any place for information or advice as to the issue of a cash order or the obtaining of a cash loan.

PART IT.- CASH ORDIilRS. MERCANTILE. Cask Orders and Hire-purchase, Etc., Act. 10 GEO. VI. No. 46, (2.) Nothing in the last preceding subsection shall prohibit the publication of any advertisement which does not set forth anything except the name, address, and telephone number of a cash order trader together with a statement of the nature of the business of that cash order trader. Control of 9. A cash order trader shall not, without the consent acnasdhcoarsdhers in writing of the Minister, make any agreement or loans. arrangement for the charging or receipt of, or, subject to section eleven of this Part of this Act, charge or receive, in respect of any cash order issued by him after the commencement of this Act, any sum greater than the amount of the cash order and an amount calculated at the rate of ninepence for each one pound of the amount of the cash order. Presentation 10. A person who, after the commencement of this ~ ~ d~ ~ ~ hfor Act, accepts a cash order in exchange for any goods, redemption. services, or other valuable consideration shall present it for redemption within one month after he so accepts it, but failure to comply with the provisions of this section shall not invalidate any cash order or affect the rights or obligations of any person arising under, or in connection with, any cash order. Discount on 11. A person who redeems a cash order issued orefdceamshption after the commencement of this Act shall pay to the order. person who presents the cash order for redemption the full amount thereof less- (a) where payment is made not later than fourteen days after- (i.) The end of the month during which the cash order is presented for redemption; or (ii.) the date on which the goods for which the cash order was exchanged were delivered or the date on which the services or other valuable consideration for which the cash order was exchanged were received, whichever is the later-an amount not exceeding ten per centum; or (b) In any other case-an amount not exceeding five per centum of the amount of the cash order.

1946. MERCANTILE. Cash Orders and Hire-purchase, Etc., Act. 205 PART 11.- CASH OIlDERS. 12. The husband of a woman to whom a cash Husbands order is issued or a cash loan made after the commence- ~ ~ : aliac~ ~ h to ment of this Act shall not be liable to repay the whole orde~ s and. or any part of the amount thereof unless his consent in ~ :s~ aI~ ans ill writing to the issue of the cash order or the making of the ca~ es. cash loan was obtained before the issue or making thereof. 13. (1.) A cash order trader shall not issue to any ~ ash orders person any cash order fi or an amoun t exceeding t en pounds. m £10 exncoetstsoobfe (2.) A cash order trader shall not issue a cash issued. order to any person unless that person certifies in writing to the cash order trader- (a) That a cash order has not at any time previously been issued to him or her, or to his wife or her husband, as the case may be; or (b) That the amount unpaid under all cash orders previously issued to him or her, together with the amount (if any) unpaid under any cash orders previously issued to his wife or to her husband, as the case may be, together with the amount of the cash order then issued, does not exceed ten pounds, and the cash order trader has no reason to doubt the truth of the certificate. (3.) A person shall not make any false or misleading statement in any certificate given for the purposes of the last preceding subsection. 14. A cash order trader shall not make a cash loan Cash loans to any person where any amount remains unpaid under ~ d~ o !,e any cash order previously issued by that cash order trader certain to that person, or to his wife or her husband, as the cases. case may be. The provisions of this section shall be read and construed with, and so as not to limit the operation and effect of, *" The Money Lenders Acts, 1916 to 1946." 15. A cash order trader shall not issue a cash order Ca·sh orders unless it is repayable in full within not more than twenty ~p~ ~able weeks after the date of issue thereof. within 20 weeks. 16. Where portion of the amount of a cash order Amounts not issued after the commencement of this Act is not : ~ ~ ended expended, the cash order trader shall, on demand by cr~ dited or the person to whom the cash order was issued, credit pald. him with, or, where the cash order has been repaid in full, pay to him, the amount unexpended. * 7 G. 5 No. 13 and amending Acts.

206 PART n. o~ ~ ~ ~ s. MERCANTILE. Cash Orders and Hire-p'urch-ase, Etc., Act. 10 GEO. VI. No. 46, oIancfvttiraoalnindssai· tnion or maId7e., Acansyh oargdreeremisseunetd, ororacrarashngloemanenmtadeentienrecdonitnrato- Pvcoeannrtttri. oa-n of Pveanrttioonf otfhitshiAs cPtarsthaslhl alalffbeect vtohide, rbiguht tnoofthainngy ipnertshoins who receives a cash order in exchange for goods, services, or other valuable consideration to obtain redemption of the cash order. Records to be kept of cash order business. 18. (1.) Every cash order trader shall keep proper records setting out particulars of each cash order issued, and cash loan made, by him after the commencement of this Act and of the amounts charged or received in respect thereof. (2.) A person who redeems any cash orders shall keep proper records setting out- (a) Particulars of each cash order presented to him for redemption, including the date on which it is so presented; (b) The date on which payment in respect of each cash order is made; and (c) The amount paid in respect of each cash order. (3.) A person required to keep records under either of the last two preceding subsections shall preserve all records kept accordingly, together with all certificates given to him under subsection two of section thirteen of t.his Part of this Act, for a period of at least twelve months after the completion of the transaction to which the record or certificate relates. Penalties. 19. (1.) Any person who commits any breach of or who fails to comply with any of the provisions of this Part of this Act shall be guilty of an offence and liable, for a first offence, to a penalty not exceeding fifty pounds and for a second or subsequent offence (whether against the same or any other such provision) to a penalty of not less than ten pounds and not exceeding one hundred pounds. Recovery of penalties. (2.) Any such penalty may be recovered in a summary manner by complaint under *" The Justices Acts, 1886 to 1945." * 50 V. No. 17 and amending Acts.

MERCANTILE. 207 1946. Cask O rders and Hire-purchase, Etc., A C t . PART lII.-HIRE-PURCHASE AGREEMENTS. PART IH.- AMENDMENTS OF "THE HmE- PUROHASE AGREEMENTS 1933~~T~·943. " 20. (1.) This Part of this Act shall be read as Construction one WIth *" The Hire-purchase Agreement Acts, 1933 to of Part. 1943," herein in this Part referred to as the Principal Act. (2.) The Principal Act and this Part of this Act Collective may be collectively cited as "The Hire-purchase title. Agreement Acts, 1933 to 1946." 21. Section two of the Principal Act is amended Amendment as follows: _ of s. 2. ( a ) A new d efim.tl.On " A grl ' Cultura I ' nnp I ement " [Definitions.] is inserted before the definition of " Court" as follows:- " "Agricultural implement "-Means any goods Agricultural which may, by regulations made under this implement. Act, be specified to be an agricultural implement.', (b) A new definition " Purchase price" is inserted after the definition of " Prescribed " as follows:- " "Purchase price "-In relation to any goods the Purchase subject of a hire-purchase agreement means price.. the total amount of the moneys required to be paid by the hirer under the agreement, including- (a) Any sum payable in respect of sales tax, insurance, freight, delivery, or installation and other like sums; (b) Interest, finance, and other credit charges and (c) The value of any other consideration provided or required to be provided by the hirer to purchase the goods under the hire- purchase agreement." 22. The following section, numbered 7A, is inserted New s. 7A after section seven of the Principal Act, namely: - inserted. " [7 A.] (1.) If any chattel has been let or sold Implied ll!lder ~ h~ e- purc~ ase agr:eement to a ~ er who, at any ~ ~~~ i~~ ~eBB. tIme WIthin a perIOd of SIX months prIor to the making of such hire-purchase agreement, made known- (a) To (or to the agent, servant or representative of) the owner; or * 24 G. 5 No. 9 and amending Acts.

208 MERCANTILE. PART III.- AM O E F ND " M T E H N E TS Cask Orders and Hire-purchase, Etc., Act. 10 GEO. VI. No. 46, HIRE- PURCHASE AGREEMENT ACTS, (b) To (or to the agent, servant or representative 1933 TO 1943." of) any other person who within the said period shall, by himself or through his agent, servant or representative, have offered or agreed to let or sell to the hirer or obtained or received from the hirer an application or order for the letting or sale to the hirer of such chattel or (if such other person lets or sells chattels of a class similar to the chattel let or sold under the said hire-purchase agreement) a chattel of such class, the particular purpose for which the chattel is required, so as to show that the hirer relied on the skill or judgment of the owner or of such other person, as the case may be, and the chattel is of a description which it is in the course of the business of the owner or of such other person, as the case may be, to supply (whether he is the manufacturer or not), there is an implied condition that the chattel shall be reasonably fit for such purpose and such implied condition shall be binding in law as well upon such other person as upon the owner. (2.) Any condition implied by virtue of this section shall be in addition to any condition or warranty expressed or implied by law. (3.) This section shall not apply to or with respect to any hire-purchase agreement made before the com- mencement of *" The Cash Orders and Hire-purchase Agreements Regulation Act of 1946." " News.7B inserted. 23. The following section, numbered 7B, is inserted after section 7 A of the Principal Act as previously inserted by this Act, namely;- Wben " [7B.] (1.) When a hire-purchase agreement is w bco ea n rr td rea it n i a o t t ye n . d a to s tshuebhjeicrtertomaaynywaciovneditthieoncotno d b i tl ' eOnfu, lofirllmedaybyeIetchtetoowtrneeart, the breach of such condition as a breach of warranty, and not as a ground for treating the contract as repudiated. (2.) The breach of any condition to be fulfilled by the owner can, after the expiration of a period of six months from the delivery to the hirer pursuant to a hire-purchase agreement of the chattel to which the condition applies, be treated only as a breach of * This Act.

MERCANTILE. 209 PART IU.- 1946. Cash Orders and Hire-p1lTchase, Etc., Act. AMENDMENTS OF" THE HIRlil- warranty an d not as a groun d e J.or tn~ ' atmg t . h e contract APGURARECCETHMSA,ESNET as repu d l · ate d , un 1 ess t h ere ' IS a term 0 f t h e contract, 1933 TO 1943." express or implied, to that effect. (3.) This section shall not apply or extend to or with respect to any hire-purchase agreement mad.e before the commencement of *" The Gash Orders and Hire-purchase Agreements Regulation Act of 1946." 24. Section 7 A of the Principal Act is renumbered Section 7A 70. r 7 e c n . umbered 25. The following sections, numbered 9A and 9B, New ss. 9A are inserted after section nine of the Principal Act, f~ r; : d. namely:- " [9A.] (1.) The Governor in Council may from Mini~um tI . me t 0 ' tIme ma k e re I gu t a ' lOns- mdeapxoismItus mand (a) Prescribing a minimum deposit which must be hf: ~ : : ~ of paid by the hirer. Such prescribed minimum deposit may vary in respect of different goods or classes of goods (which classes may ifneces- sary be defined by the regulations), and, if thought desirable according as to whether goods of two or more classes are or are not included in the same agreement, may vary according to or in relation to the cash price of the goods the subject of the agreement or may vary in any other manner which may be prescribed. Such prescribed minimum deposit may be expressed as a proportion of the cash price or in any other manner deemed desirable; (b) Prohibiting a person from entering into any hire-purchase agreement unless the agreement provides for the payment of a deposit which is not less than the minimum deposit required by any regulations then in force; (c) Prescribing a maximum period of hiring. Such prescribed maximum period of hiring may vary in respect of different goods or classes of goods (which classes of goods may if necessary be defined by the regulations) and if thought desirable according to whether goods of two or more classes are or are not included in the same agreement, or may vary according to * This Act.

210 MERCANTILE. PART 1lI.- AM0E1'ND. . MTEHNBTS GMk Orders and Hire-purchase, Etc., Act. 10 GEO. VI. No. 46, HIRE- PUROHASE AGREEEHENT ACTS, or in relation to the cash price of the goods "1933 TO 1943." the subject of the agreement or may vary in any other manner which may be prescribed; (d) Prohibiting a person from entering into any hire-purchase agreement unless the agree- ment provides for a period of hiring which is not greater than the maximum period of hiring required by any regulations then in force. peposit may (2.) The regulations may provide that the deposit 1 o n f cglouoddesvalue reqUI • red b Y the regu I atI' ons t 0 be provl' ded. teor ' ID any p~ ovided by hire-purchase agreement may include the value of any hirer. goods provided or required to be provided by the hirer to purchase the goods under the hire-purchase agreement. (3.) The provisions of section twenty hereof shall apply to and with respect to the regulations made under this section. Rt;nt to be [9B.] After the commencement of *" The Gash Orders !~~ ~ l~ ~ tal- and Hire-purchase Agreements Regulation Act of 1946," ments at a person shall not enter into any hire-purchase agreement ~ ; : ' ~ als (not being a hire-purchase agreement the goods the of time. subject of which consist only of an agricultural imple- ment) unless the agreement provides for the payment of the difference between the purchase price and the deposit by one payment or by two or more equal instalments payable at equal intervals of time." NeWBs.90 26. The following sections, numbered 90 and 9D, and 9D. are inserted after section 9B of the Principal Act as previously inserted by this Act, namely:- ')rds .0 "[90.] (1.) Every person who after the commence- t t)f ment of "* The Gash Orders a·nd Hire-purchase Agreements ase Regulation Act of 1946" sells goods under hire-purchase ..,-: ~ ements. agreements shall keep proper records setting out par- ticulars of each such agreement entered into by him and of the amounts charged or received in respect thereof. (2.) A person required to keep records under the last preceding subsection shall preserve all records kept accordingly for a period of at least twelve months after the completion of the transaction to which the record relates. * This Act.

MERCANTILE. 211 nI.- - - - ~ - - -- - - - - ~ PART 1946. Cash Orders and Hire~ purchase, Etc., Act. AMENDMENTS OF" THE HIRE· PURCHASE • AGREEMENT [9D.] A hIre-purchase agreement entered into in 1933A~ T~ ' 943. " contravention of any regulation made under section 9A Hire~ hereof or in contravention of section 9B hereof shall be purcha.ee void except insofar as the rights of the hirer thereunder : ~ : ~ ~ ents or arising thereout are concerned. into in contra.· vention of regulations or Rection 9& void except as to hirer's rights. PART IV.-MISCELLANEOUS. P~ is~ : i: - LANEOUS. 27. (1.) The Minister may, by order, require any Information p~ rson (including any officer employed in or in connection } ~ ! . ? shed. wIth any Government department or by a Local Authority) or all persons included in a class of persons specified in the order- (a) To furnish to the Minister, or to such other person as the Minister directs, such informa- tion as the Minister or that other person requires; and (b) To attend and give evidence before the Minister or such other person as the Minister directs, with respect to any act, transaction, matter, or thing prohibited by *" The Hire-purchase Agreements Acts, 1933 to 1946 " and/or to' The Cash Orders and Hire·purchase Agreements Regulation Act of 1946," or to which any provision of such Acts applies, and may require him or them to produce all books, documents, and other papers whatever in his or their custody or under his or their control relating thereto. (2.) The Minister may require the information or evidence to be given on oath or affirmation and either orally or in writing and for that purpose the Minister or person before whom the evidence is given may administer an oath. (3.) A person shall not- (a) Refuse or fail to comply with any requirement made in pursuance of subsections one or two of this section; or * 24 G. 5 No. 9 and amending Acts. t This Act.

212 PART IV.- MISCEL- LANEOUS. MERCANTILE. Cash Orders and Hire-purchase, Etc., Act. 10 GEO. VI. No. 46, 1946. (b) With intent to evade the provisions of such aforesaid Acts referred to in this section destroy, mutilate, deface, secrete, or remove any book, document, or other paper. bAreuccicoldersidnssg, tso& , c. beha 2 lf 8 s . haAllnaytpaelrlsotinmaeusthhoarviesefdulbl yanthdefrMeeinaisctceerssintothaaltl buildings, places, books, accounts, records, certificates, documents and other papers for the purpose of ascertain- ing whether the provisions of the aforesaid Acts referred to in section twenty-eight of this Act have been, or are being, complied with, and for that purpose may make extracts from or copies of any such books, accounts, records, certificates, documents, and other papers. Obstruction. 29. A person shall not obstruct or hinder any person acting in the discharge of his duties under the aforesaid Acts referred to in section twenty-seven of this Act. eCvoandteraAcctstst. o agree 3 m 0 e . nAt orpearrsroanngsehmaellntn, owtheetnhteerr oirnatloly oorr imnawkeritianngy, for the purpose of, or which has the effect of, in any way, and whether directly or indirectly, defeating, evading, or avoiding, or preventing the operation of the aforesaid Acts referred to in section twenty-seven of this Act in any respect. Revision of 31. The provisions of *" The Mortgagors Relief Acts, ccaosnetroafcts in 1931 to 1943" shall apply and have effect and shall be hardship. deemed to have been extended in respect of any hirer under a hire-purchase agreement entered into prior to the commencement of this Act who shall satisfy the court as defined in such Acts that by reason of circumstances not foreseen by him at the time of entering into the hire-purchase agreement and by reason of any special economic conditions hereafter prevailing he is entitled to relief under and in accordance with such Acts. General penalty. 32. Any person who commits a breach of or who fails to comply with any provision of this Act or of t" The Hire-purchase Agreement Acts, 1933 to 1946," or of any regulation under either such Act shall be guilty of an offence and liable, if a specific penalty for such offence is not provided, to a penalty not exceeding fifty pounds which may be recovered summarily under t" The Justices Acts, 1886 to 1945." * 22 G. 5 No. 6 and amending Acts. t 24 G. 5 No. 9 and amending Acts. t 50 V. No. 17 and amending Acts.