Hire-purchase Agreement Act of 1933 (24 Geo v No. 9) (Qld)

]4602 GAS-HIRE-PURCHASE AGREEMENTS. Hire-purchase Agreement Act. 24 GEO. V. No. 9, of commission, rent, or other charge which are found to be unnecessary or excessive shall be disallowed or reduced to such amount as is deemed proper. 5. In ascertaining' the actual amount of money invested in the gas undertalcing, no allowance whatever shall be made for goodwill and for items not required in the business of gas production and distribution. The actual cost of the several items shall be as nearly as possible ascertained, and from such cost due allowance for depreciation, if any, shall be deducted. In ascertaining the amount of depreciation, if any, consideration shall be given to each item as forming part of a continuous gasmaking concern. GOLDEN CASKET LICENSES. See VAGRANTS AND GAMING. GRAZING DISTRICTS IMPROVEMENT. See DINGO AND MARSUPIAL DESTRUCTION. HIRE-PURCHASE AGREEMENTS. See also MONEY LENDERS. 24 GEO. V. An Act to Amend the Law relating to Hire-purchase No. 9. THE HIRE- Agreements, and for other purposes. PURCHASE 'B AGREEMENT ACT OF 1933. [ASSENTED TO 19TH OCTOBER, 1933.] E it enacted by the King's Most Excellent Majesty, . by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- Short title 1. This Act may be cited as "The Hire-p1lrchase amnednccoemme- nt. Agreement Act 0 1933." *This Act shall c')me into operation on a date to be proclaimed by the Governor in Council by Proclamation published in the Gazette, which date is herein referred to as the commencement of this Act. * Proclaimed to come into force as from 1st January, 1934 (Gazette, 16th December, 1933, page 1490).

HIRE-PURCHASE AGREEMENTS. 14603 1933. Hire-purclwse Agreement Act. 2. In this Act, unless the context otherwise indicates, Interpreta· the following terms have the meanings respectively tion. assigned to them, that is to say:- "Court"-The Magistrates Court constituted Court. pursuant to *" The Magistrates Courts Act of 1921" constituted by a police magistrate sitting alone, and held nearest to the residence of the hirer or as may be prescribed: The Magistrates Court, constituted by a police magistrate sitting alone, shall have exclusive jurisdiction where the consideration expressed in the hire-purchase agreement in respect of the chattel or chattels in question does not exceed two hundred pounds: Provided that where such consideration exceeds two hundred pounds, but does not exceed two thousand five hundred pounds, either the Supreme Court or Magistrates Court, constituted as aforesaid, shall have jurisdiction: Provided, however, that where the consideration expressed in the hire-purchase agreement shall exceed the sum of two thousand five hundred pounds the Supreme Court shall be the court having jurisdiction under this Act, and this Act shall be read and construed accordingly; "Goods and chattels "-The term" goods" shall Goods and include" chattels," and the term "chattels" chattels. shall include " goods" ; "Hire-purchase agreement"-A hire-purchase Hire- . agree . ment with respect to goods or chattels, apgurrceheamseent. and mcludes a letting of goods or chattels with an option to purchase and an agreement for the payment of goods or chattels by instalments, whether such agreement describes such instalments as rent or hire or otherwise; " Hirer" means the person to whom a chattel is Hirer. let or sold under a hire-purchase agreement; "Owner" means the person letting or selling a Owner. chattel to another under a hire-purchase agreement; * 12 Geo. V. No. 22, supra, page 9713.

14604 HIRE·PURCHASE AGREEMENTS. Hire.Purchase Agreement Act. 24 GEO. V. No. 9, Prescribed. Regulations. Rules of Court. This Act. " Prescribed"--Prescribed by this Act; "Regulations"-Regulations made under the authority of this Act; "Rules of Court"-Rules of Court made under the authority of this Act; "This Act "-This Act and all Rules of Court and regulations made thereunder. Construction of Act. 3. (1). This Act shall not bind the Crown. (2.) Nothing in this Act shall prejudice or in any wise affect *" The Legal Process Restriction Act of 1904," or t" The Money Lenders Act of 1916," or t" The Financial Emergency Act of 1931," or §" The Financial Emergency Relief Extension Act of 1932," or 11" The Mortgagors Relief Acts, 1931 to 1932," or any Act amending or in substitution for those Acts. (3.) Subject to this Act, the provisions of this Act shall, notwithstanding any law to the contrary, be read and construed as granting a right in equity to the hirer in or in respect of the goods and chattels or the value . thereof comprised in the hire-purchase agreement based on the payments and/or instalments made by the hirer thereunder, and a right of relief to the hirer in accordance with this Act. Power of owner on default by hirer. 4. (1.) Subject always to the provisions of 11" The M01·tgagorsRelief Acts, 1931 to 1932" (or any Act amending or in substitution therefor), and to the right of the hirer to make application to the court for relief under such Act, if the hirer makes default in the payment of any money due under a hire-purchase agreement, or in the observance of any covenant or condition or term of the agreement, the owner shall, before taking action under his hire- purchase agreement, give to the hirer not less than fourteen days' notice in writing of his intention to take such action. On the expiration of the time prescribed in such notice the owner may, subject to this Act, do any one or more of the following things, namely :- (a) Enter upon any land (whether land of the owner or anyone else), where the chattels * 4 Edw. VII. No. 15, supra, p. 1735. t 7 Geo. V. No. 13, supra, p. 7646. ~ 22 Geo. V. No. 1, supra, page 13402. § 23 Geo. V. No. 10, supra, page 14084. 1122 Geo. V. No. 6 and Part IV. of 23 Geo. V. No. 10, 8y,pra, pages 13848 and 14084.

HIRE-PURCHASE AGREEMENTS. 14605 1933. Hire-purchase Agreement Act. comprised in the agreement are, or where the owner or his agent reasonably suspects they are; (b) Seize and take possession of the chattels; (c) Remove the chattels to any plaee for safety, convenience of sale or re-hiring, or for any other purpose, or suffer them to remain where they are found; (d) Subject as hereinafter provided, sell or re-hire the chattels either in one or more lots, and at any time or times, and at any place or places, by public auction: Provided that, if such chattels, when offered by public auction, cannot be sold at a price being not less than the amount owing on them by the hirer under the hire-purchase agreement, together with the expenses incurred in connection with such sale, sel1 or re-hire them as aforesaid by private contract; (e) Supply to the hirer a statement setting out his detailed valuation of the chattels comprised in the agreement, of which he has re-taken possession, and at the same time tender to the hirer the amount (if any) due to him (after payment of expenses) in accordance with such valuation. The hirer, if he is dissatisfied with such valuation, may appeal to the court as provided in subsection eight hereof; Cl) Make any reasonable terms and conditions of the sale or re-hiring ; (g) Rescind or vary any contract for the sale or re-hiring of the chattels, and again sell or re-hire the chattels; (h) Execute any contract or other instrument necessary for the exercise of any of the powers aforesaid. (2.) Notice of intended sale or re-hiring as aforesaid Hirer may shall be given by the owner to the hirer at least fourteen tender days before the date fixed for such sale or re-hiring. ~ ~ ~ ' : . t& c. , At any time during the period between the notice to owner. to the hirer of intention by the owner under subsection one of this section and the date of such sale or re-hiring

14606 HIRE-PURCHASE AGREEMENTS. Hire-p7lrchase Agreement Act. 24 GEO. V. No. 9, Notice of intended sale. the hirer, upon payment or tender of the amount which would have been due under the hire-purchase agreement at the time of re-delivery to him if there had been no default under the hire-purchase agreement, and expenses, or upon performance or tender of performance of such other condition as may be named in the hire-purchase agreement as precedent to the passage of the property in the chattels, or upon the performance or tender of performance of any other promise for the breach of which the chattels were re-taken, and upon payment of the expenses of re-taking, keeping, and storage, may redeem the chattels and become entitled to take possession of them and/or to continue in the performance of the hire-purchase agreement as if no default had occurred. Any such notice of intended sale or re-hiring shall be given in writing by the owner to the hirer, delivered either personally or by registered post, directed to the hirer at his last known place of business or residence. A notice so posted shall be taken to have been given at the time when the registered letter would in the ordinary course be delivered. Provisions (3.) Notwithstanding anything to the contrary wpehrecre fift ty above e contained, i n n any case wh . ere the . hirer has paid and over of at least fifty per centum of the purchase prICe of the t p h rl ~ Cepuhracshase chattels (being more than one article) under the been paid by hire-purchase agreement, or if there is more than the hIrer. one hire-purchase agreement, under the hire-purchase agreements, at the time of receiving notice from the owner as prescribed in subsection one of this section, the owner shall not have the right to re-take all of such chattels under such hire-purchase agreement or agreements, but only such of such chattels as shall represent a fair and reasonable value at the date of re-taking for the amount still owing by the hirer under the hire-purchase agreement or agreements, and the balance of the chattels not so re-taken shall become the property of the hirer. An arrangement may be entered into between the owner and the hirer as to what chattels such owner may re-take possession of, and as to what chattels not so re-taken shall become the property of the hirer, and in default of any such arrangement the owner or hirer may apply to the court in the form and within the time prescribed for an order of the court directing that the

HIRE-PUROHASE AGREEMENTS. 14607 1933. Hire-purchase Agreement Act. owner shall re-take only such of the chattels as may be 'prescribed in the order of the court, indicating in such order what chattels shall become the property of the hirer, which order the court in its absolute discretion shall have power to make under the circumstances and as it shall think fit and proper. (4.) Subject to this Act, the owner shall apply the Application proceeds of any sale or of re-hiring of any chattels seized of proceeds. under this section as follows :- (a) In payment of any expenses reasonably incurred for the purpose of making the chattels saleable, and the costs of and incidental to the re-possession and the re-sale or re-hiring, including the costs of transporting the chattels to the premises of the owner and of insuring the goods, and the execution of any other powers under subsection one of this section ; (b) In payment of the unpaid balance of the moneys which would have been payable under the hire-purchase agreement by the hirer to entitle him to the full ownership of the chattel; (c) The balance (if any) shall be payable to the hirer of the chattels. (5.) If the owner who has re-possessed any chattels Provisions eomprised in a hire-purchase agreement does not sell or where ownel1r re- hI· re those chat te I s W . Ith·In t we I ve months after door erse-nhoirteB. e re-possession thereof, he shall be under the same liability to the hirer as if he had sold the chattels immediately upon the expiration of the said twelve months, and he shall be deemed to have received as proceeds of that sale the sum representing the price which the goods might reasonably be expected to have realised if they had been made saleable and sold at that time. Subsection four of this section shall also be construed to apply in every such case accordingly. (6.) Within twenty-one days after the sale or Account to roen- ehiri 0 n f g to h fI · S asneyctI . Ocnh, atttehles soewizneedr usnhdalelr rseunbdseerctioton bbyeorewnndeerr.ed the hirer an account setting out the details of the expenses, costs, and payments as prescribed in paragraphs (a) and (b) of subsection four of this section, and

14608 HIRE-PURCHASE AGREEMENTS. Hire-purchase Agreement Act. 24 GEO. V. No. 9, shall at the same time remit the balance (if any) of proceeds of such sale or of re-hiring as ascertained in paragraph (c) of the said subsection to the hirer of the chattels: Instalments. Provided that where the proceeds of such sale or re-hiring are paid to the owner by way of instalments, such owner shall from time to time out of such proceeds remit such proportion of such proceeds as shall be paid to such owner to the hirer, as may be mutually agreed upon between the owner and the hirer, and, in the case of any dispute, according to the order of the court. Penalty for (7.) If the owner or any person acting in his behalf fnaucergcnolieuschnttto sthheallbraelfaunsceeor (if neagnleyc)t, toorreinndstearlmsuecnht aocfcousunct hanbdalraenmceit, . ff o au r lsr1 f n3 o i r shing raes-htihriengcaasse amfoaryesabied,, oofr ssuhcahll pwriolfcueleldysanofd sfuracuhdusalelentloyr account. insert in any such account any statement or figures which is or are false, or omit any statement or figures which ought to be inserted therein, he shall be guilty of an offence, and shall be liable to a penalty not, exceeding one hundred pounds. Hirer may appeal to court. (8.) If the hirer is dissatisfied with the account, and has failed to arrive at an amicable agreement thereon with the owner, or in respect of the proportionate payment by instalment of the proceeds of sale or re-hiring as provided in the proviso to subsection six, he may within twenty-one days, or such extended time as the court may in its discretion allow, from the receipt of such account by him lodge the same in the court, together with a request that such account shall be reviewed by the court. Any hirer may likewise appeal to the court for an order in respect of all or any of the matters herein- before mentioned relating to the hire-purchase agreement. Hearing by (9.) The clerk of the court shall have power to court. summon the parties to appear before the court at a time and place stated in the summons with a view to having all questions in issue between them in relation to the hire- purchase agreement, and/or in respect of any of the matters hereinbefore mentioned in relation thereto, settled and decided by the court.

HIRE-PURCHASE AGREEMENTS. 14609 1933. Hir'e-purchase Agreement Act. Such summons shall be deemed to be a summons in a personal action within the meaning of *" The Magistrates Oourts Act of 1921," and the hirer shall be deemed to be the plaintiff and the owner the defendant, and the relative provisions of the said Act and Rules of Court made thereunder, together with any modifications or additions or amendments thereto or modifications thereof as may be necessary, slJall apply to the proceedings accordingly; and the court shall have power to review the said account, or any other matter being the subject of appeal to the court, in favour of or against either party and to decide the questions at issue and to give judgment for either party for such amount or otherwise make such order as it shall think fair and equitable under the circumstances, and such judgment or order shall be and be deemed an order of the court and enforceable accordingly. Without in any wise limiting such power of review, such review may include the question as to whether the terms and conditions of the sale or re-hiring (as set forth in paragraph (f) of subsection one of this section), were fair and reasonable, and as to whether (where the owner has not sold or re-hired the goods as set forth in subsection five of this section), the sum representing the price which the goods might reasonably be expected to have realised, was fair and reasonable: Provided always that where the court is the Supreme Court under this Act, the application and hearing shall be made and heard according to the practice of the court. (10.) This section shall apply in respect of every Application default made after the commencement of this Act of section. under any hire-purchase agreement, whether entered into before or after the commencement of this Act, and this section shall have retrospective operation accordingly. 5. Where, with respect to any hire-purchase Special cases tahgerefeirmstendtatyo 0 wf hSiecphttehmisbeAr,ctoanpepltiheos, usaannodwmn· enre hhaus nsdinrecde bcmoeemfonmrteeonfcteh, lis and thirty-three, exercised against the hirer such powers Act. and done such acts which, if this Act were in operation as from such date, would be contrary to its provisions, the hirer may apply to the court for an order setting * 12 Geo. V. No. 22, supra, page 9713.

14610 HIRE-PURCHASE AGREEMENTS. IIire-pttrchase Agreernent Act. 24 GEO. V. No. 9, -.---- .. - -- -- - -- ~ aside the exercise of such powers or the doing of such acts, and reinstating the parties as nearly as may be in their former positions, and the granting to the hirer the relief under this Act as if the exercise of the power or the doing of such act had not been exercised or done. At any application the court, after taking all the matters referred to in sections three and four of this Act and to all other relevant considerations, may in its discretion grant such relief to the hirer as it shall deem fit and proper under the circumstances, or it may refuse any such application; and all the powers, authorities, and jurisdiction of the court under this Act shall, mutatis mutandis, apply and extend accordingly: Provided that no application to the court under this section shall be heard by the court unless the application is made within two months from the commencement of this Act. Contracting- 6. Every agreement or term of an agreement out. entered into after the commencement of this Act whereby any person agrees that this Act or any provision hereof shall not apply to any transaction shall be void for all purposes. Responsi- bility for agents' statement not to be negatived. 7. In respect to any legal .proceedings taken within twelve months of the date of entering into a hire-purchase agreement any statement contained in such agreement (whether entered into before or after the commencement of this Act), to the effect that the owner is not responsible for any representations, promises, or terms made or held out by any agent, representative, or servant of the owner shall be void and of no effect. Liability for 8. No term of any agreement (whether entered into , raud, &c. before or after the commencement of this Act), shall prevent a hirer from claiming or being awarded damages or any other relief for fraud or misrepresentation of the owner or any person acting or purporting to act on behalf of the owner in connection with any transaction of hire-purchase. Hire- purchase agreement to be in writing. 9. It shall be the duty of every owner under a hire-purchase agreement to have the agreement forth- with reduced into writing and to hand a copy of such agreement to the hirer; and the word "writing" in this section shall be deemed to include such printing (or typewriting) only as is in type not smaller than ten points face.

HIRE-PURCHASE AGREEMENTS. 14-611 1933. Hir'e-purckase Agreement Act. Any owner who neglects or fails or refuses to comply with the provisions of this section shall be guilty of an offence against this Act, and shall be liable to a penalty not exceeding fifty pounds. 10. Every agreement (whether a hire-purchase Provisions aogf raeneymesnuct horagsoremeemseenptawrahetereagbryeeI. mt. IeSntp)r,oavnI· ddeedvtehrayttearnmy t afoegrrrmeel.mnae t n · ' m t g in hire-purchase agreement shall terminate or may be ba~ : ruptcy terminated, or that the chattels therein comprised VOl • shall or may be re-possessed, or that any rights of the hirer shall terminate if the hirer becomes bankrupt or commits an act of bankruptcy or executes a deed of assignment or a deed of arrangement (whether all or any of these events are named), shall to the extent to which it so provides be void. If the hiring is expressed to continue until the happening of any such event as aforesaid, it shall be deemed to be a hiring continuing for the period for which it would continue apart from the said provision. 11. If any person unlawfully conceals, sells, pawns, ~ enalty for or disposes of any chattels comprised in a hire-purchase ~ ! ; ~ ~ ~ ~ : agreement with an intent to deprive the owner thereof of goods. of his ownership or possession or right to possession, or obstructs the owner or his servant or agent in exercising any right of such owner under this Act of re-possession, he shall be guilty of an offence, and on conviction shall be liable to a penalty not exceeding one hundred pounds or to imprisonment for any term not exceeding six months. 12. Nothing in this Act shall prejudice or in any Saving of wise affect the provisions of *" The Oriminal Oode." ~ ; ; ! ~ nal Code." 13. In any proceedings taken in any court under Further this Act, the court, in addition to its powers under this powers of Act, shall have and may exercise, in the course of any court. such proceedings, all or any of its powers under t" The Money Lenders Act of 1916," or t" The Mortgagors Relief Act of 1931," or §" The Financial Emergency Act of 1931," or 11" The Financial Emergency Relief Extension Act of 1932," or any Act amending or in substitution for such Acts. * 63 Vic. No. 9, supra, page 34l. t 7 Geo. V. No. 13, supra, page 7646. ~ 22 Geo. V. No. 6, supra, page 13848. § 22 Geo V. No. 1, supra, page 13402. 1123 Geo. V. No. 10, supra, page 14084. H

14612 HIRE-PURCHASE AGREEMENTS. Hire-purchase Agreement Act. 24 GEO. V. No. 9, Service of 14. The practice of the court as to time, place, notices, &c. and method of service and otherwise shall apply to the service of any notice under this Act. Application 15. Any application made under this Act shall be in camera. heard by the court in camera, unless in any particular case the court decides in its discretion that the matter should be heard in open court. No appeal. 16. Subject as hereinafter mentioned any order of the court made or purporting to have been made under the provisions of this Act shall be final and conclusive and without appeal, and no writ of prohibition or certiorari shall lie in respect thereof: Provided that in connection with any hire- purchase agreement, where the purchase price exceeds one hundred pounds, an appeal shall lie and shall be deemed to be an appeal under the provisions of *" The Magistrates C01lrts Act of 1921," and the provisions of such lastmentioned Act shall, mutatis mutandis, apply and extend accordingly. Effeet of order. 17. An order made by the court pursuant to this Act shall have authority and effect as an order of the court, and shall be obeyed by all persons concerned: Provided that in any case where the hirer to whom an order has been granted by the court neglects or contravenes or fails to comply with the provisions thereof, it shall be competent for the owner to apply to the court for a cancellation or review thereof, and the court on such application may make such order as it shall deem fit and proper. Recovol'yof 18. Any penalty incurred for a breach of or non- penalties. compliance with any of the provisions of this Act may be recovered in a summary manner by complaint under t" The J~ lstices Acts, 1886 to 1932." Costs. 19. The costs of any application under this Act shall be in the absolute discretion of the court. Regulations. 20. The Governor in Council may from time to time make regulations prescribing the forms to be used and the procedure to be followed under this Act, and * 12 Geo. V. No. 22, 8upra, page 9713. t 50 Vie. No. 17 and amending Acts, 8upra, pages 1132 et 8eq.

HIRE-PURCHASE AGREEMENTS. 14613 1933. Hir'e-purchase Agreement Act. all such other matters and things as may be necessary or convenient for giving full effect to the provisions of this Act and for the due administration thereof, and where there may be in this Act no provision or no sufficient provision in respect of any matter or thing adequate, necessary, or expedient to give effect to this Act, providing for and supplying such omission or insufficiency. Such regulations shall be published in the Gazette, and forthwith upon such publication shall be read and construed as one with this Act, and shall be judicially noticed, and shall not be questioned in any proceedings whatsoever. Such regulations may be made on the passing of this Act. All such regulations shall be laid before the Legislative Assembly within fourteen days after such publication, if the Legislative Assembly is in session; or if not, then within fourteen days after the commencement of the next session thereof. 21. Subject to this Act, the provisions of *" The Applicatio1l Magi8trate8 Court8 Act of 1921" and Rules of Court ~agistrates made thereunder shall, so far as the same are applicable, Courts Act. apply and extend in respect of any matter or thing under this Act where such Magistrates Court has jurisdiction under this Act, and the power and authority to make Rules of Court under such Act shall apply and extend for the purposes of this Act. 22. In any case where the Supreme Court is the Applioation court having jurisdiction under this Act, the provisions ~ ~ ; r; ~ : of t" The Supreme Court Act of 1921" and the Rules of Oourt Act Court thereunder shall, so far as the same are applicable, of 1921." apply 'and extend in respect of any matter or thing under this Act, and the power and authority to make Rules of Court under such Act shall apply and extend for the purposes of this Act, and this Act shall be read and construed accordingly. * 12 Geo. V. No. 22, supra, page 9713. t 12 Geo. V. No. 15, supra, page 9787.