Hire-Purchase Act Amendment Act 1973 (WA)

WESTERN AUSTRALIA.

HIRE-PURCHASE.

No. 107 of 1973.

AN ACT to amend the Hire-Purchase Act, 1959.

[Assented to 4th January, 1974.]

BE it enacted by the Queen's Most ExcellentMajesty, 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 same, as follows:—

1. (1) This Act may be cited as the Hire- Short title and

Purchase Act Amendment Act, 1973. citation.

(2) referred to as the principal Act. In this Act the Hire-Purchase Act, 1959 is Mr53.58

(3) The principal Act as amended by this Act

may be cited as the Hire-Purchase Act, 1959-1973.

No. 107.] Hire-Purchase [1973.

Commence-

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

to be fixed by proclamation.

Amendment

to section 1.	3.	Subsection (3) of section 1 of the principal
commence-

(Short title,	Act is amended
ment and

division	(a)	by substituting for the number "13", in the
into Parts.)
fourth last line, the expression "12A";
(b)	by adding under the passage "PART V.— INSURANCE, ss. 20-23." a passage as follows

PART VA.—CONTROL OF HIRE-PURCHASE

CREDIT PROVIDERS, ss. 23A-23V.

Division 1.—Hire-Purchase Licensing

Tribunal, ss. 23A-23J.

Division 2.—Licensing of Hire-Pur-

chase Credit Providers, ss. 23K-23P.

Division 3.—Powers of Investigation

and Enquiry, ss. 23Q-23S.

Division 4.—Conduct of Business of Hire-Purchase Credit Providers, ss. 23T-23V. ; and

(c) by substituting for the number "40", in the last line, the expression "40A".

Amendment

to section 2.	4. Section 2 of the principal Act is amended—
pretatIon.)

(Inter- (a) as to subsection (1)—

(i) by adding after the interpretation

"cash" interpretations as follows

"Commissioner" means the Com- missioner for Consumer Pro- tection appointed under sec- tion fifteen of the Consumer Protection Act, 1971;

"credit provider" means a hire-

purchase credit provider; ;

1973.] Hire-Purchase [No. 107.

(ii)

by deleting the interpretation "Court

of Petty Sessions";

(iii)    by adding before the interpretation "guarantor" an interpretation as follows

"guarantee" includes an indem-

nity; ;

(iv)    by substituting for the interpreta- tion "guarantor" an interpretation as follows

"guarantor" means a person who has guaranteed the perform- ance by a hirer of all or any of his obligations under a hire-purchase agreement and includes a person who under- takes to indemnify the owner against any loss which he may incur in respect of that agree- ment but does not include the dealer or a person engaged, at the time of the giving of the guarantee, in the trade or business of selling goods of the same nature or description as the goods comprised in the agreement; ;

(v)    by substituting for the interpretation "hire-purchase agreement" an inter- pretation as follows

"hire-purchase agreement" in-

cludes

(a)	a letting of goods with an option to purchase;
(b)	any agreement under which there is a bail- ment of goods and either the bailee may buy the goods or the property in the goods will or may pass to the bailee;

No. 107.] Hire-Purchase [1973.

(c)	any agreement for the purchase of goods by instalments (whether the agreement describes the instalments as rent or hire or otherwise) if the vendor or any per- son other than the hirer or his guarantor retains any interest in the goods or is or may become entitled to re- possess the goods or to cause the hirer to lose his property in the goods; and
(d)	any agreement whereby the property in the goods comprised there- in passes at the time of the agreement or upon or at any time before delivery of the goods, if the vendor or any per- son other than the hirer or his guarantor retains any interest in the goods or is or may become entitled to re- possess the goods or to cause the hirer to lose his property in the goods,

but does not include

(e) any agreement under which the person by whom the goods are being hired or pur- chased is a person who is engaged in the trade or business of selling goods of the same nature or description as the goods comprised in the agreement; or

1973.] Hire-Purchase [No. 107.

any agreement that in-

(f) cludes a provision con- ferring any right or licence to occupy land on which the goods comprised in the agree- ment are permanently or ordinarily situated; ;

(vi)    by adding before the interpretation "hirer" an interpretation as fol- lows

"hire-purchase credit provider" means a person whose busi- ness is, or includes, being an owner under hire-purchase agreements or who holds him- self out as a person whose business is, or includes, being such an owner; ;

(vii)

by adding after the interpretation

"hirer" interpretations as follows

"licence" means licence of a credit

provider under this Act;

"Local Court" means a Local Court established under the Local Courts Act, 1904; ;

(viii)    by adding before the interpretation "Schedule" an interpretation as follows

"Registrar" means the Registrar of the Tribunal under this Act; ; and

(ix)    by adding before the interpretation "vehicle registration fees" an in- terpretation as follows

"Tribunal" means the Hire-Pur-

chase Licensing Tribunal con-

stituted under this Act; ; and

No. 107.] Hire-Purchase [1973.

(b)

by repealing and re-enacting subsection

(2) as follows

(2) A reference in this Act to the taking possession by the owner of goods comprised in a hire-purchase agreement includes a reference to

(a)	the taking possession of goods by the owner pursuant to an order by any court;
(b)	the return of goods to the owner after notice has been served pursuant to the provisions of subsection (1) of section thir- teen of this Act; and
(c)	except in section twelve A and in subsections (1) and (2) of section thirteen, the taking possession by the owner as a result of the voluntary return of the goods by the hirer under section twelve of this Act. .

Amendment

to section 3.	5. Section 3 of the principal Act is amended
(Summary
of proposed

hire-	(a)	by adding after the word "signed", in the
purchase
transaction	last line of subsection (1), the words "and
to be given	a copy of the written offer was given to
to prospec-
tive Hirer.)	the prospective hirer immediately after it was so signed";
(b)	by deleting the word "and" immediately after paragraph (d) of subsection (2); and
(c)	by substituting for paragraph (e) of sub- section (2) a passage as follows

(e) shall set out in tabular form

the price at which at the time of signing the agreement the hirer might have purchased the goods for cash (in this Act called and in the agree- ment to be described as "cash price");

1973.] Hire-Purchase [No. 107.

(ii)    the amount paid or provided by way of deposit (in this Act called and in the agreement to be described as "deposit") showing separately the amount paid in money and the amount provided by a consideration other than money;

(iii)    any amount included in the total amount payable for maintenance of the goods (in this Act called and in the agreement to be described as "maintenance");

(iv)    any amount included in the total amount payable to cover the expenses of delivering the goods or any of them to or to the order of the hirer (in the agreement to be described as "freight");

(v)   any amount included in the total amount payable to cover vehicle registration fees (in the agreement to be called "vehicle registration fees");

(vi)    any amount included in the total amount payable for insurance other than third party insurance (in this Act called and in the agreement to be described as "insurance");

(vii)    any amount included in the total amount payable to cover the fees to be paid under the Bills of Sale Act, 1899, for registration of the agreement (in the agreement to be called "agreement registration fees");

(viii)   the total of the amounts referred to in subparagraphs

No. 107.] Hire-Purchase [1973.

(i), (iv), (v), (vi) and (vii) of this paragraph less the deposit (in this Act called and in the agreement to be des- cribed as "amount financed");

(ix)    the total of any other charges included in the total amount payable (in this Act called and in the agreement to be described as "terms charges") and also the percentage rate of the terms charges calcu- lated in accordance with the formula provided in the Fifth Schedule;

(x) the total of the amounts

referred to in subparagraphs

(viii) and (ix) of this para- graph (in this Act called "the balance originally payable under the agreement"); and

(xi) the total amount payable; and

(f) shall contain, immediately above the a clause which shall be printed as prominently as or more prominently than the terms and conditions of the agreement and which shall read as follows space for the signature of the hirer, The hirer is reminded that terms charges may differ from one hire-purchase credit provider to another and it will be in his best interests to make enquiries to satisfy himself that he is receiving the best deal in terms charges. .

Amendment	6. Subsection (1) of section 6 of the principal
to section 6.

(As to the	Act is repealed and re-enacted as follows
liability of

the owner	(1) A representation, warranty, or statement
end the

dealer for	made to the hirer or prospective hirer, whether
misrenre-
sentationa	orally or in writing, by the owner or dealer or

1973.] Hire-Purchase [No. 107.

any person acting on behalf of the owner or dealer in connection with or in the course of negotiations leading to the entering into of a hire-purchase agreement shall confer on the hirer

(a)

as against the owner, the same rights (including the right to rescind the agreement) as the hirer would have had if the representation, warranty, or statement had been made by an agent of the owner; and

(b)

as against the person who made the representation, warranty, or state- ment, and any person on whose behalf such person was acting in making it, the same right of action as the hirer would have had against them or either of them if the hirer had entered into the hire-purchase agreement with such firstmentioned person or the person on whose behalf he was acting (as the case requires) as a result of the negotiations. .

7. Section 7 of the principal Act is amended— Amendment	to section 7
(Hirer to be entitled to

(a) as to subsection (1)-

copy of

agreement

and state-

(i)	by adding after the word "hirer", in	ment of Ms present
line four, the words "or a guarantor";	position.)
(ii)	by substituting for the words "the hirer", in line five, the word "him"; and
(iii)	by adding after the word "hirer", in line fifteen, the passage "or guarantor, as the case may be,"; and

(b) by substituting for the words "fifty pounds", in lines four and five of subsection (2), the words "five hundred dollars".

No. 107.] Hire-Purchase [1973.

Amendment

to section 9. 8. Subsection (3) of section 9 of the principal

(As to	Act is amended by substituting for the words "court
assignment
of rights	of petty sessions", in line five, the words "Local
under hire-
purchase	Court".
agree- ments.)
Amendment

to section	9.	Section 10 of the principal Act is amended
10.

(Power to	by substituting for the words "court of petty
Court to	sessions", in lines five and six, the words "Local
allow goods
to be	Court".
removed.)
Amendment

to section	10.	Section 12 of the principal Act is amended
12.

(Power to	(a)	by substituting for the words "court of
hirer to
determine	petty sessions", in lines two and three of
hiring.)	subsection (3), the words "Local Court"; and
(b)	by repealing and re-enacting subsection (6) as follows

(6) Division 5 of this Part, except section twelve A and subsections (1) and

(2) of section thirteen, apply, with such modifications as are necessary, to and in relation to the taking possession by the owner as a result of the voluntary return of the goods by the hirer under this section; and this section, and any voluntary return of goods, court order, and termination of hiring under or pursuant to this section, are subject to the provisions of that Division that do so apply. .

Addition of

section 12A. 11. The principal Act is amended by adding

before section 13 a section as follows-

Protected

goods. 12A. (1) Where a hire-purchase agreement

has not been terminated by the hirer and

(a) seventy-five per cent. of the total amount payable under the agreement has been paid (whether in pursuance of a court order or otherwise) by or on on behalf of the hirer or guarantor; and

1973.] Hire-Purchase [No. 107.

(b) the hirer does not-

(i)    part with, or attempt to part with, possession of the goods, without the consent of the owner; or

(ii)    commit, or attempt to commit, an offence under section thirty-three or thirty-four of this Act; and

(0) the right, title, and interest of the hirer under the agreement is not assigned other than in accordance with section nine of this Act,

the owner may exercise any power of taking possession of goods comprised in the agreement only with the consent of the Commissioner.

(2) Where at the request of the owner the Commissioner fails or refuses to give the consent required by subsection (1) of this section, the owner may apply to a Local Court for an order declaring that the failure or refusal of the Commissioner to give his consent was unreasonable in the circumstances of the case, and where an order is made that consent shall be deemed to have been given.

(3)

There is no appeal against a decision of a Local Court under this section. .

12. Section 13 of the principal Act is amended— to sectio

(a) by adding after the word "hirer", in line;1(3s.otiees to

six of subsection (1), the words "and every tgijateon

goods re-

guarantor"; and possessed.)

(b) by adding after the word "with", in line one of subsection (2), the passage "section twelve A or".

13. Section 14 of the principal Act is amended Amendment section

by adding after the word "hirer", in line three, the 14

words "and every guarantor but subject to section retain to

possession

fifteen of this Act".

of goods

repossessed

for twenty -one days.)

No. 107.] Hire-Purchase [1973.

Amendment

to section 14. Section 15 of the principal Act is amended

15.           by adding at the end thereof a subsection as

(As to
hirer's	follows
rights and
immunities
when goods

repossessed.) (6) Where arising from the circumstances of the taking possession by the owner of goods comprised in a hire-purchase agreement, or an attempt at such taking, a hirer has a right of civil action against a person involved in the taking or the attempt, the hirer has a like right against the owner, but the person involved in the taking or the attempt shall indemnify the owner against all liability incurred by the owner pursuant to this sub- section. .

Amendment	15.	Subsection (1) of section 16 of the principal
to section

16.           Act is amended by substituting for the word

(Power to

hirer to

"whether", in line two of paragraph (b), the word

regain

possession

"where".

of goods in

certain

circum-

ctances.)

Ahandment

to section	16.	Section 18 of the principal Act is amended
/8.

(Provisions	by adding at the end thereof subsections as
as to	follows
guarantors.)

(6) Where it is proposed that a person is to be guarantor

(a) if it is so proposed before the hire- purchase agreement is entered into-

the owner or, if there is a dealer,

(i) the dealer shall give or cause to be given to the prospective guarantor the statements that are required to be given to the prospective hirer under subsec- tion (1) of section three of this Act, at the time they are re- quired to be given to the pros- pective hirer; and

1973.] Hire-Purchase [No. 107.

(ii) if the prospective guarantor becomes a guarantor, the owner shall serve or cause to be served on the guarantor within twenty-one days after the making of the hire-purchase agreement, a copy of the docu- ments that are required to be served on the hirer under section four of this Act and also a copy of the contract of guarantee; and

(b) if it is so proposed after the hire purchase agreement has been entered into-

(i)    the owner or, if there is a dealer, the dealer shall, before the con- tract of guarantee is entered into, give or cause to be given to the prospective guarantor a copy of all the statements and other documents that were required to be given to the hirer under sections three and four of this Act;

(ii)     the owner shall, before the con- tract of guarantee is entered into, give or cause to be given to the prospective guarantor a statement in writing signed by the owner or his agent showing current details of the matters referred to in paragraphs (a), (b), and (c) of subsection (1) of section seven of this Act; and

(iii)    if the prospective guarantor becomes a guarantor, the owner shall serve or cause to be served on the guarantor within twenty- one days after the making of the contract of guarantee, a copy of it,

No. 107.] Hire-Purchase [1973.

but the foregoing provisions of this subsection do not apply to or in relation to a contract of guarantee executed and certified in accordance with section nineteen of this Act.

(7) At any time before the final payment has been made under a hire-purchase agreement the owner shall, within fourteen days after he has received a request in writing from any guarantor, send to him a copy of the contract of guarantee, but an owner is not obliged to comply with the request if he has sent the guarantor a copy of the contract of guarantee within a period of three months immediately preceding the receipt of the request.

(8) If an owner contravenes subsection (7) of this section he commits an offence against this Act and is liable to a penalty of one hun- dred dollars and until the default is remedied

(a)	the owner is not entitled to enforce the contract of guarantee; and
(b)	any security given by the guarantor is not enforceable against the guarantor by any holder thereof.

(9) Where a hirer, not being a body corpor- ate, is under the age of eighteen years, only

(a)	a parent or legal guardian of the hirer;
(b)	a person approved by a parent or legal guardian of the hirer; or
(c)	if there is no parent or legal guardian of the hirer, a person approved by the Director of the Department for Com- munity Welfare appointed under the Community Welfare Act, 1972,

can act as guarantor of the hirer.

1973.] Hire-Purchase [No. 107.

(10) Subsections (2), (3), (5) and (6) of section twenty-five of the Guardianship of Children Act, 1972, apply, with such modifica- tions as are necessary, to and in relation to the power of approval conferred by subsection (9) of this section on the Director of the Depart- ment for Community Welfare and to and in relation to persons and matters affected thereby as if that power of approval was a power con- ferred by section twenty-five of the Guardian- ship of Children Act, 1972. .

17. Section 19 of the principal Act is amended— tomseecnronent

(a) by deleting the words "a clerk of petty (Guarantor

sessions or", in lines twenty-four and bound in

certain

twenty-five of subsection (1);

cases unless

independ-

(b)	by deleting the words "the clerk or", in entry
line twenty-six of subsection (1); a
(c)	by substituting for the words "A clerk of petty sessions or a solicitor", in line one of subsection (2), the words "A solicitor"; and
(d)	by deleting the words "a clerk of petty sessions or by", in line one of subsection (3).

18. Section 20 of the principal Act is amended— Amendment

20.

(a) by repealing and re-enacting subsections (As to insurance

(2) and (3) as follows— of goodscomprised

Where an owner requires a hirer 13,112giea-se

to insure against any risk, the owner ggits

shall supply a list of not less than twenty

insurers that are acceptable to the

owner.

(2)

(3)

An owner shall not refuse to enter into a hire-purchase agreement with a person who effects insurance of the goods for the period of the agreement against such risks and subject to such terms, conditions, and exceptions as are required

No. 107.] Hire-Purchase [1973.

by the owner in the names of the owner and the hirer with an insurer on the list supplied by the owner pursuant to sub- section (2) of this section. ; and

(b) by adding at the end of the section a sub- section as follows

(6) Where

(a)	an insurer or other person pays or confers any commission or other benefit to or upon an owner, dealer, or other person in respect of a contract of insur- ance required by the owner under this section; and
(b)	the amount or value of the com- mission or benefit (or where separate commissions or bene- fits have been paid the aggregate amount or value thereof) exceeds twenty per centum of the total amount payable by way of premium or premiums under the contract of insurance,

the insurer and the person to or upon whom the commission or other benefit was paid or conferred each commit an offence against this Act. .

Addition of

Part VA. 19. The principal Act is amended by adding after

Part V a Part as follows

PART VA.—CONTROL OF HIRE-PURCHASE

CREDIT PROVIDERS.

Division 1.—Hire-Purchase Licensing

Tribunal.

Establish-

ment of the

23A. (1) There shall be a Tribunal entitled

(2) The Tribunal shall be constituted solely

by such District Court Judge, appointed under

the District Court of Western Australia Act,

Tribunal.

the Hire-Purchase Licensing Tribunal.

1973.] Hire-Purchase [No. 107.

1969, as is from time to time nominated to be

the Tribunal by the Chairman of Judges

appointed under that Act.

23B. No liability shall attach to a Dist t ric x=

Court Judge for any act or omission by him, in gay, discharge of the duties of the Tribunal, under this Act.

good faith and in the exercise or purported

exercise of the powers and functions of the

23C. (1) The Tribunal shall give to any	Proceedings
before the

person who is a party to proceedings instituted	Tribunal.
before the Tribunal reasonable notice of the time and place at which it intends to hear those proceedings, and shall afford any such person a reasonable opportunity to call or give evidence, to examine or cross-examine witnesses, and to make submissions to the Tribunal.
(2) If a person to whom notice has been given pursuant to subsection (1) of this section does not attend at the time and place fixed by the notice, the Tribunal may hear the proceed- ings in his absence.

(3)

The Tribunal may appoint a person with such qualifications as it thinks fit to appear in proceedings before the Tribunal to assist the Tribunal.

(4) The Commissioner may appear in any proceedings before the Tribunal.

(5)

The Commissioner or any party to pro-

ceedings before the Tribunal shall be entitled

to appear personally or by counsel.

(6)

The Commissioner, or any party to pro- ceedings before the Tribunal, may, by leave of the Tribunal, be represented before the Tribunal by a person other than a certificated legal prac- titioner within the meaning of the Legal Prac- tioners Act, 1893.

No. 107.] Hire-Purchase [1973.

(7) A person, other than such a legal practitioner, shall not demand or receive any fee or reward for representing a party to pro- ceedings before the Tribunal.

Penalty: Five hundred dollars.

(8) Where the Tribunal is satisfied that for the purpose of protecting the business or interest of any person it is desirable that the proceedings or any part thereof be heard in camera, the Tribunal may make an order to that effect and may include in the order condi- tions relating to that purpose, and, if such an order is made, the proceedings shall be con- ducted in accordance with it.

Powers of

the Tribunal. 23D. (1) In the exercise of its powers and functions under this Act, the Tribunal may

(a)	by summons signed on behalf of the Tribunal by the Registrar, require the attendance before the Tribunal of any person;
(b)	by summons signed on behalf of the Tribunal by the Registrar, require the production of any books, papers or documents;
(c)	inspect any books, papers or documents produced before it, and retain them for such reasonable period as it thinks fit, and make copies of any of them, or of any of their contents;
(d)	require any person to make oath or affirmation that he will truly answer all questions put to him by the Tri- bunal relating to any matter being inquired into by the Tribunal (which oath or affirmation may be adminis- tered by the Tribunal or any officer of the Tribunal); or
(e)	require any person appearing before the Tribunal, including the person whose conduct is subject to an inquiry,

1973.] Hire-Purchase [No. 107.

(whether he has been summoned to appear or not) to answer any relevant questions put to him by the Tribunal, or by any other person appearing before the Tribunal.

(2) Subject to subsection (3) of this section, if any person-

(a)	who has been served with a summons to attend before the Tribunal fails without reasonable excuse (proof of which shall lie upon him) to attend in obedience to the summons;
(b)	who has been served with a summons to produce any books, papers or docu- ments, fails without reasonable excuse (proof of which shall lie upon him) to comply with the summons;
(c)	misbehaves himself before the Tribunal, wilfully insults the Tribunal, or inter- rupts the proceedings of the Tribunal;

Or

(d) refuses to be sworn or to affirm, or to answer any relevant question, when required to do so by the Tribunal,

he is guilty of an offence and liable to a penalty

not exceeding two thousand dollars.

(3) A person shall not be obliged to answer a question put to him under this section if the answer to that question would tend to incrimi- nate him, or to produce any books, papers or documents if their contents would tend to incriminate him.

(4) In the course of any proceedings, the Tribunal may

(a) receive in evidence any transcript of evidence in proceedings before a court and draw any conclusions of fact there- from that it considers proper; or

No. 107.] Hire-Purchase [1973.

(b) adopt, as in its discretion it considers proper, any findings, decision, or judg- ment of a court that may be relevant to the proceedings.

(5) In any proceedings the Tribunal shall act according to equity, good conscience and the substantial merits of the case without regard to technicalities and legal forms and, subject to subsection (6) of this section, it shall not be bound by the rules of evidence, but may inform itself on any matter in such manner as it thinks fit.

The Tribunal shall be bound by the rules

of evidence in proceedings by way of an inquiry

under Division 3 of this Part.

(6)

Orders for 23E.

(1) The Tribunal may, upon the deter- mination of any proceedings, make such orders for costs as the Tribunal considers just and reasonable.

fines or

costs.

(2) Where the Tribunal makes an order for the payment of a fine or costs against a person licensed under this Act, and the fine or costs is not, or are not, paid within the time fixed by the Tribunal, the Tribunal may suspend the licence of that person until the fine or costs is or are paid, or for such period as the Tribunal thinks fit.

Reasons for 23F. The Tribunal may, and, on request by

decision of Tribunal to to given.

any party to the proceedings, shall, give to the

parties reasons for its decision.

Case stated. 23G. (1) The Tribunal may state a case

upon any question of law for the opinion of the

Supreme Court.

(2) Any such case stated by the Tribunal shall be heard and determined by the Full Court.

1973.1 Hire-Purchase [No. 107.

23H. (1) Any person aggrieved by a decision Appeal.

or order of the Tribunal in proceedings to which the person was a party shall, subject to this section, be entitled to appeal to the Supreme Court against the decision or order of the Tribunal.

(2) The appeal shall be instituted within one month of the making of the decision or order appealed against, but the Supreme Court may, if it is satisfied that it is just and reasonable in the circumstances to do so, dispense with the requirement that the appeal shall be so instituted.

(3) The Supreme Court may, on the hearing of the appeal, do one or more of the following, according to the nature of the case

(a)	affirm, vary or quash the decision or order appealed against, or substitute, and make in addition, any decision or order that should have been made in the first instance;
(b)	remit the subject matter of the appeal to the Tribunal for further hearing or consideration or for re-hearing;
(c)	make any further or other order as to costs or any other matter that the case requires.

(4) Any such appeal shall be heard and determined by the Full Court.

23 I. (1) Where an order has been made by the Tribunal, and the Tribunal, or the Supreme

Operation

of order

suspended.

may be

Court, is satisfied that an appeal against the order has been instituted, it may suspend the operation of the order until the determination of the appeal.

(2) Where the Tribunal has suspended the

operation of an order under subsection (1) of

this section, the Tribunal may terminate the

No. 107.] Hire-Purchase [1973.

suspension, and where the Supreme Court has suspended the operation of an order under subsection (1) of this section, the Supreme Court may terminate the suspension.

The

Registrar	23J. (1) There shall be a Registrar of the
and other

officers. Tribunal and there shall be such other officers of the Tribunal as is necessary for its proper functioning.

The Registrar and other officers shall be appointed and shall hold office subject to and in accordance with the Public Service Act, 1904.

(2)

(3) The Registrar and other officers of the Tribunal may hold office as such in conjunction with any other office in the Public Service of the State.

Division 2.—Licensing of Hire-Purchase

Credit Providers.

Obligation

to be 23K. (1) A person shall not carry on busi-

licensed. ness as a hire-purchase credit provider or hold himself out as carrying on business as such a credit provider unless he is duly licensed as such under this Act.

Penalty: Five thousand dollars.

For the purposes of this section, a person acts as, or holds himself out as being, a credit provider whether he does so personally or through the agency or instrumentality of other persons.

(2)

(3) A credit provider who is required to be licensed under this Act shall not be entitled to recover or retain any terms charge by reason of becoming an owner at any time at which he is unlicensed.

Application.

23L. (1) An application for a licence shall

be made to the Tribunal in writing and in the prescribed manner and form and shall contain the prescribed information.

1973.] Hire-Purchase [No. 107.

(2) Notice of the application shall be advertised in accordance with the regulations.

(3) The information contained in the appli- cation shall be verified by statutory declaration made by the applicant or, where the applicant is a corporation, by an officer of the corporation.

(4) The applicant shall furnish the Tribunal with such further information, verified, if the Tribunal so requires, by statutory declaration, as the Tribunal may require.

23M. (1) Subject to this Act, a person (not being a body corporate) is entitled to be licensed

Entitle-

ment to be

licence.

granted a

as a credit provider if he has proved to the satis-

faction of the Tribunal that

(a)	he is over the age of eighteen years;
(b)	he is a fit and proper person to hold a licence; and
(c)	he has sufficient financial resources to carry on business in a proper manner under the licence.

(2) Subject to this Act, a body corporate is entitled to be licensed as a credit provider if it has proved to the satisfaction of the Tribunal that

(a)	the officers of the body corporate, and any other person who is, in the opinion of the Tribunal, in a position to control or influence substantially the affairs of the body corporate, are fit and proper persons to manage, direct or control the affairs of a body corporate holding a licence under this Act; and
(b)	the body corporate has sufficient fin- ancial resources to carry on business in a proper manner under the licence.

No. 107.] Hire-Purchase [1973.

(3) Where an applicant duly applies for a licence, and pays the prescribed fee and the applicant is entitled to be licensed in accord- ance with this section, the Tribunal shall grant a licence to the applicant.

Renewal of

licence.	23N. (1) A licence shall, subject to this Act, remain in force until the thirtieth day of June next ensuing after the grant of the licence, and may from time to time be renewed for success- ive periods of twelve months expiring on the thirtieth day of June.
(2) An application for the renewal of a licence shall be made in the prescribed form and shall be accompanied by such statutory declarations and other documents as may be prescribed or as the Tribunal may require.

The application shall be delivered to the Registrar not earlier than the first day of April, and not later than the last day of May preced- ing the expiry of the licence, but the Tribunal may, if it thinks fit, determine an application notwithstanding that it is delivered out of time.

(3)

(4) Where the holder of a licence duly applies for the renewal of a licence, and pays the prescribed fee, the licence shall be renewed for a term of twelve months in accordance with this section if the Tribunal is satisfied that the holder still meets the requirements of para- graphs (b) and (c) of subsection (1) of section twenty-three M of this Act or of paragraphs (a) and (b) of subsection (2) of that section, as the case requires.

Surrender

of licence.	230. The holder of a licence may at any time, with the consent of the Tribunal, surrender his licence, and the licence shall thereupon cease to have any effect.
Licence not

transfer-	23P. A licence is not transferable.
able.

1973.] Hire-Purchase [No. 107.

Division 3.—Powers of Investigation

and Inquiry.

23Q. The Commissioner may, of his own motion, and shall at the direction of the	The Com-
missioner's
powers of
investiga-
Tribunal, make any investigation that he, or	tion.
the Tribunal, considers necessary or expedient for the purpose of determining any application, or any other matter before the Tribunal.
Investiga-

(1) The Commissioner of Police shall, at the request of the Commissioner, cause his

tions by the Com-

missioner of

officers to make an investigation and report

Police.

relating to any matter being investigated by

the Commissioner.

(2) The report shall be forwarded to the Commissioner.

23R.

23S. (1) The Tribunal may, upon the appli- Inquiries.

cation of the Commissioner or any other person, or of its own motion, inquire into the conduct of any person licensed under this Act.

(2) If, after conducting an inquiry under subsection (1) of this section, the Tribunal is satisfied that proper cause exists for disciplin- ary action, the Tribunal may do any one or more of the following

(a)	reprimand the person in relation to whom the inquiry was held;
(b)	impose a fine not exceeding ten thousand dollars on that person; and
(c)	suspend or cancel the licence and, in addition, disqualify the person who held the licence either temporarily or permanently, or until the fulfilment of any condition which may be imposed by the Tribunal, or until the further order of the Tribunal, from holding a licence under this Act.

No. 107.] (3) There shall be proper cause for disciplin- Hire-Purchase [1973.

ary action if

(a)	the licence was improperly obtained;
(b)	the credit provider, or any person act- ing with the authority or upon the instructions, of the credit provider has, in the course of any dealings with a hirer or guarantor or a prospective hirer or guarantor, been guilty of con- duct that constitutes a breach of any law and that prejudices or may prejudice any rights or interests of the hirer or guarantor or the prospective hirer or guarantor;
(c)	the credit provider has insufficient financial resources properly to carry on business as a credit provider; or
(d)	any other cause exists that, in the opinion of the Tribunal, renders the credit provider unfit to hold a licence.

Division 4.—Conduct of Business of Hire-Purchase

Credit Providers.

Authorised	23T. (1) A licence shall specify an address within the State which shall be the registered address of the licensed credit provider for the purposes of this Act.
address.
(2) The Tribunal may, at any time, on the application of a licensed credit provider alter his registered address.
(3) A licensed credit provider shall at least seven days before he commences to carry on business at any address (other than his regis- tered address) send to the Registrar a notice in writing informing him that he proposes to carry on business at that address.

Penalty: Five hundred dollars.

1973.] Hire-Purchase [No. 107.

(4)

A licensed credit provider shall, not more than seven days after he ceases to carry on business at any address (other than his regis- tered address), give notice in writing to the Registrar of the fact that he has ceased to carry on business at that address.

Penalty: Five hundred dollars.

(5) The registered address of a credit pro- vider and any other address of which the credit provider has given notice under this section (not being an address in relation to which the credit provider has given a notice of cessation of business under subsection (4) of this section) is an authorised address for the purposes of this Act.

(6) A credit provider shall not invite the public to deal with him other than at such an authorised address.

Penalty: Five hundred dollars.

23U. A licensed credit provider shall not Manse In

carry on business as a credit provider otherwise 71 eensead	ct
than in the name in which he is licensed.	eiderrovider is to carry on business.

Penalty: Five hundred dollars.

23V. (1) Where a body corporate holds a =oration

licence—	employ
licensed

(a) the business of the body corporate con- mss

ducted in pursuance of that licence in this State shall be managed under the personal supervision of a natural per- son, approved by the Tribunal; and

(b) if the body corporate has more than one authorised address for the purposes of this Act, the Tribunal, if it considers the circumstances warrant it, may require that such business at all or any of those addresses shall be respectively

No. 107.] Hire-Purchase [1973.

managed under the personal super- vision of such natural persons as are approved by the Tribunal.

(2) Where the business of a body corporate is not managed as required by subsection (1) of this section, the body corporate shall, within twenty-one days, or such longer period as may be allowed by the Tribunal, appoint a manager or, if so required by the Tribunal, managers approved by the Tribunal, to have the personal supervision of the business of the body cor- porate conducted in pursuance of the licence.

A body corporate shall be deemed to be unlicensed for the duration of any period for which the body corporate is in default under the provisions of subsection (2) of this section. .

(3)

Amendment

to section	20. Section 24 of the principal Act is amended
24.

(Power to	(a)	by adding after the word "unconscionable",
court to
re-open	in line five of subsection (1), the passage
certain hire-
purchase	"(by reason of a provision for terms charges
transac-
tions.)	or other charges that are, in the circum- stances of the case, excessive or by reason of any other provision of whatever kind)"; and
(b)	by substituting for the words "any court", in line one of subsection (4), the passage "a Local Court, or The District Court of Western Australia established under the District Court of Western Australia Act, 1969, irrespective of any limit which would otherwise apply to the jurisdiction of either of those courts,".
Amendment

to section 21. Subsection (2) of section 25 of the princi-

25.            pal Act is amended by substituting for the words

Power of
court to	"court of petty sessions", in line two, the words
restrain re-
possession	"Local Court".
of certain goods from farmer.)

1973.] Hire-Purchase [No. 107.

22. Section 32 of the principal Act is amended— meenmonent

32.

(a) by adding after the word "dealer", in line inl!!.uements one, the words "or his agent or employee"; by pdea/ers

Pose's.)

(b)	by adding after the word "dealer" in line seven, the passage ", his agent, or his employee, as the case may be,"; and
(c)	by substituting for the words "two hundred

pounds", in the second last line, the words

"one thousand dollars".

23. Section 35 of the principal Act is amended by tt`o egroilne.g.

substituting for the words "court of petty sessions", (Poweoto

extend

in line four, the words "Local Court". times.).

24. Subsection (1) of section 36 of the principal Amendment to section

Act is amended—	36.(Power to
order
delivery of

made", in line one, the words "application goods	unlawfully
made to a Local Court";	detained.)

(b)	by adding after the word "owner", in line four, the passage ", it is claimed"; and
(c)	by deleting the words "a justice may sum- mon the person complained of to appear before a court of petty sessions and", in lines nine and ten.

25. The principal Act is amended by adding after Addition of section

section 36 sections as follows— 36A-360.

36A. (1) Where by reason of sickness or	Relief against
consequences

unemployment of a hirer that was not reason-	of breach.
ably foreseeable by him at the time of entering into a hire-purchase agreement, the hirer is temporarily unable to discharge his obligations

No. 107.] Hire-Purchase [1973.

under the agreement he may by an application in writing to the Commissioner, a copy whereof is served on the owner and every guarantor, claim relief against the consequences of breach of the agreement.

(2) On an application to the Commissioner under this section, the Commissioner, after considering any submissions made by or on behalf of

(a) the hirer;

(b) the owner; and

(c) guarantors,

may grant the relief claimed upon such terms and conditions as will, in the opinion of the Commissioner, do justice between the parties to the agreement and the parties to any con- tract of guarantee relating to the agreement.

(3) In granting relief under this section the Commissioner

(a)	may extend the time for payment of any instalment or other amount under the agreement for a period of three months from the date of granting the relief or, in exceptional circumstances, for a period of six months from that date; and
(b)	where the hirer has committed any breach of the agreement may re-instate him in the agreement subject to the terms and conditions upon which the relief is granted but otherwise in all respects as if no breach had occurred.

(4) A grant or refusal of relief by the Com- missioner under this section shall be by instru- ment in writing signed by him and served on the hirer, the owner, and every guarantor.

1973.] Hire-Purchase [No. 107.

(5) Subject to any order of a Local Court under this section, a decision of the Commis- sioner under this section has effect according to its terms and, where relief is granted thereby, the hire-purchase agreement and any contract of guarantee relating to it are by virtue of this section varied to the extent necessary and as so varied are binding on the parties thereto.

(6) An owner, hirer, or guarantor, who is a a party to a hire-purchase agreement, or a con- tract of guarantee relating to it, in respect of which a decision has been given by the Commis- sioner under this section and who is aggrieved thereby, may, within the period of seven days from the date of service on him of the decision, apply to a Local Court for the decision to be varied or set aside.

On an application to a Local Court under this section the court may by order confirm, vary, or set aside the decision of the Com- missioner.

(7)

There is no appeal against an order of a Local Court made under this section, and the order has effect according to its terms and, where relief is granted thereby, the hire- purchase agreement and any contract of guarantee relating to it are by virtue of this section varied to the extent necessary and as so varied are binding on the parties thereto.

(8)

36B. (1) In this section "advertisement" Advertise-

means any words, whether written, printed, or meats'

spoken, or any picture, drawing, or figure.

(2) Any advertisement to the effect that a credit provider is such, or is willing to become such, in respect of specific goods shall include the percentage rate of terms charges in relation thereto calculated in accordance with the formula provided in the Fifth Schedule.

No. 107.] Hire-Purchase [1973.

(3) Where an advertisement contravenes subsection (2) of this section, the credit pro- vider is, subject to subsection (4) of this section, guilty of an offence and liable to a penalty not exceeding five hundred dollars.

It is a defence to a charge of an offence under subsection (3) of this section to prove that the advertisement was not authorised by the credit provider.

(4)

Application

of certain	36C. Without limiting any of the provisions
Provisions

of the	of sections nineteen to twenty-five, both
Consumer
Protection	inclusive, of the Consumer Protection Act, 1971,
Act 1971.	those sections apply, with such modifications as are necessary, to and in relation to the exercise of the functions, powers, and duties of the Commissioner under this Act and persons and matters affected thereby as if those sections made express provision to that effect. .
Amendment

to section	26. Section 38 of the principal Act is amended
38.
(Size, etc.,

of type, etc.,	(a) by substituting for the words "the type paragraph (b) of subsection (1), the words "ten-point or of a face that is not approved by the Commissioner";
required in

certain	known as ten-point Times", in line two of
documents.)

(b)	by deleting the word "and" after paragraph (d) of subsection (2); and
(c)	by substituting for the passage "Act.", at the end of the section, a passage as follows

Act; and

any document, notice, or statement

(f) or copy thereof required by sub-

section (1) of section seven or by section eighteen of this Act to be given to, served on, or sent to a guarantor. .

1973.] Hire-Purchase [No. 107.

Amendment

27. Subsection (2) of section 39 of the principal to section 39.

Act is amended by substituting for the words "two

(Penalty.)

hundred pounds", in lines three and four, the words

"one thousand dollars".

28.    The principal Act is amended by adding after Seeder 90A

section 40 a section as follows-

40A. (1) The Governor may make such Regulations.

regulations as are contemplated by this Act or as he considers necessary or expedient for the purposes of this Act.

(2) Without limiting the generality of sub- section (1) of this section, those regulations may

(a)	prescribe the procedure of the Tri- bunal;
(b)	provide for the enforcement of judg- ments and orders of the Tribunal;
(c)	prescribe the manner in which applica- tions for licences are to be made under this Act;
(d)	provide for the advertising of notices of applications for licences;
(e)	prescribe, and provide for the recovery of, any fee for the purposes of this Act;
(f)	prescribe a scale of costs for proceed- ings before the Tribunal;
(g)	provide for the keeping of a register of licensed credit providers by the Registrar; and
(h)	prescribe the matters to which the Commissioner shall have regard in considering applications for relief under section thirty-six A of this Act and exercising his powers thereunder. .

No. 107.] Hire-Purchase [1973.

Amendment

to	29. The principal Act is amended
Schedules.

(a) by substituting for the First Part of the First Schedule a Part as follows

FIRST SCHEDULE—First Part.

Hire Purchase Act, 1959.

S. 3(1)

SUMMARY OF PROPOSED HIRE-PURCHASE

AGREEMENT BETWEEN:

Proposed Hirer •

Full Name and Address

Age : (If under 18 years of ago)

Owner •

Name and Address

Dealer

Name and Address

Guarantor :

(If applicable)	Name and Address
Short Description of

Goods- 0

CASH PRICE

Less Deposit

(a) Money

New/Secondhand (b) Other Trade in

Year Model allowance

Colour

RESIDUE

Add: Maintenance

INSTALMENTS

„ Freight

(Insert here clearly the

commencing date, fre- „ Vehicle Regis-

quency, and duration of	tration Fees
instalment payments)

Insurance

„ Agreement Reg-

istration Fees

AMOUNT

To (Person and Address) FINANCED

Add: Terms Charges

(Percentage Rate)

Balance Originally

Being....Payments of

Payable Under the

....Payments of Agreement

....Final Add Deposit Above....

Payment of

TOTAL AMOUNT

PAYABLE ....

(Including Deposit)

1973.] Hire-Purchase [No. 107.

FOR ATTENTION OF PROPOSED HIRER :

THE HIRER IS REMINDED THAT TERMS

CHARGES MAY DIFFER FROM ONE HIRE-PUR-

CHASE CREDIT PROVIDER TO ANOTHER AND

IT WILL BE IN HIS BEST INTERESTS TO MAKE

ENQUIRIES TO SATISFY HIMSELF THAT HE IS

RECEIVING THE BEST DEAL IN TERMS

CHARGES.

FOR ATTENTION OF GUARANTOR (If applicable): THIS SUMMARY IS SENT TO YOU AS PROS- PECTIVE GUARANTOR OF

AS A GUARANTOR YOU WOULD HAVE CERTAIN RIGHTS UNDER THE HIRE-PURCHASE ACT 1959 —IN PARTICULAR SEE SECTIONS 4, 7, 13, 14, 18, 19, 24, 31, 36A.;

REBATE ON TERMS CHARGES

(there shall be inserted under this head- ing, in the same type as the clause above "FOR ATTENTION OF PROPOSED HIRER", such explanation of the hirer's right to statutory rebate as is pres- cribed). ;

(b) by substituting for the Second Schedule a Schedule as follows

S 4

S. 18 SECOND SCHEDULE.

Hire-Purchase Act, 1959.

ADVICE TO HIRERS.

Under the provisions of the Hire-Purchase

Act, 1959-

(a)	you and each of your guarantors (if any) are entitled to a copy of the agreement and a statement of the amount that you owe if you make a written request to the owner for them; each of you may not request a copy or a statement more than once in three months;
(b)	each of your guarantors (if any) is entitled to a copy of the contract of guarantee if he makes a written re- quest to the owner for it; he may not request a copy more than once in three months;

No. 107.] Hire-Purchase [1973.

(c)	with the written consent of the owner you can assign your rights under the hire-purchase agreement and he may not unreasonably refuse his consent; for details of the procedure of assign- ment see Hire-Purchase Act, 1959, section 9;
(d)	you have the right to complete the agreement at any time and if you do you will be entitled to a rebate of some of the charges payable under the agree- ment; for details see Hire-Purchase Act, 1959, section 11 and see also the regulations made under that Act;
(e)	if you are unable to pay your instal- ments you are entitled to return the goods to the owner at your own expense in accordance with section 12 of the Hire-Purchase Act, 1959, and if you do you will have like rights to a person whose goods have been repos- sessed by the owner under Division 5 of Part III of the Hire-Purchase Act, 1959—for details see sections 12, 13, 14, 15, 16, and 17 of that Act.

Note—Where this advice is sent to a

guarantor it shall be endorsed as follows

This advice is sent to you as guarantor

of

As a guarantor you have certain rights under the Hire-Purchase Act, 1959—in particular see sections 7, 13, 14, 18, 19, 24, 31 and 36A. ;

(c) by substituting for the Third Schedule a

Schedule as follows-

5.13 (1) THIRD SCHEDULE.

Hire-Purchase Act, 1959.

NOTICE OF INTENTION TO REPOSSESS. TAKE NOTICE that , the

owner of* hired by

under an agreement

(insert name of hirer)

dated the day of

* Insert description of goods.

1973.] Hire-Purchase [No. 107.

19 , intends to retake possession of the

goods after the expiration off

days from the service of this notice on the

hirer and every one of his guarantors (if any)

unless the arrears of instalments which now

amount to $ are paid

to at

on or before

19

Total amount payable	$
Amount paid or provided by

hirer to / /19 $

Arrears under agreement to

/ /19 $

(d) by substituting for all that part of the Fourth Schedule after the heading "DO NOT DELAY." a passage as follows

Action to enforce your rights should be taken at once. You will lose your rights twenty-one days after the service on, or posting of this notice, to you and every one of your guarantors (if any) if you do not take action.

If you think you have any rights under the Hire-Purchase Act, 1959, you should seek advice at once.

Note.—Where this notice is sent to a guaran- tor it shall be endorsed as follows

This notice is sent to you as guarantor

of

As guarantor you have certain rights under the Hire-Purchase Act, 1959, and you should seek advice at once.

and

Insert number of days, not being less than seven, or, where the hirer is a farmer and s. 25 of the Act applies not being less than thirty. ;

No. 107.] Hire-Purchase [1973.

(e) by adding a Schedule as follows-

FIFTH SCHEDULE.

Hire-Purchase Act, 1959.

FORMULA FOR CALCULATING PERCENTAGE RATE OF TERMS CHARGES.

The rate at which the terms charges accrues upon the principal is that nominal annual percentage rate (correct to within one- half of one per cent) which, when applied to the unpaid balances of the principal calcu- lated according to the actuarial method will yield a sum equal to the total amount of the terms charges.

(1)

(a) In lieu of applying the actuarial method above, where repayment of the prin- cipal and terms charges is to be made by equal regular periodic payments, the first of which is to fall due at the end of the first period, then the nominal annual percentage rate referred to in paragraph (1) hereof may be calculated in accordance with the following formulae:—

(2)

(i)   to calculate the flat rate of interest per cent:

100c >(t

F—

n X P

(ii)    to convert the flat rate of interest per cent into the nominal annual percent- age rate:

2nF (300c -]- nF)

R

2nT + 300c (n + 1)

1973.] Hire-Purchase [No. 107.

where (in each case)

"F" = the flat rate of interest per cent

"c" = the number of payments per

annum

"t" = the total amount of the terms

charges

"n" = the number of payments

"P" = the amount financed

"R" = the nominal annual percentage

rate

(b) For the purpose of applying the above formulae, all payments shall be deemed to be equal if the variance between any one payment only and all other payments does not exceed 5%.

(3) The disclosure of a percentage rate which is greater than the percentage rate required to be disclosed by either of the above methods shall be a sufficient disclosure.