Version No. 123
Instruments Act 1958
No. 6279 of 1958
Version incorporating amendments as at
6 September 2023
TABLE OF PROVISIONS
Section Page
1Short title and commencement
2Repeal and savings
Part I—Summary proceedings on bills of exchange
3Definitions
4Commencement of proceedings in the Supreme Court
5Appearance may be entered
6Court may allow proceeding to be defended after judgment
7Bill to be deposited in court and plaintiff to give security for costs
8Expenses of noting may be recovered with the bill
9One writ may be issued against all the parties to a bill
10Practice in actions to apply
11Limitation of costs where amount recovered does not exceed $2000
12This Part to apply to actions on bills in County Court and Magistrates' Courts
13Leave of judge necessary for more than one action on two or more matured bills
Part II—Instruments connected with gaming, etc., transactions
14Certain instruments deemed to have been given for an illegal consideration
Part III—Policies and contracts of insurance
Division 1—Marine policies
15No assurance to be made on ships etc.
16Re-assurance of sea risks allowed
17Plaintiff to declare within fifteen days what sums he had assured
18No policy to be made on any ship without inserting the name of one or more persons interested
19Policies made contrary to this Act void
20Policies covered by Commonwealth Act excluded
Division 2—Life and other policies
21No insurance to be made unless insurer has interest
22No policy without inserting names
23How much may be recovered
24Not to extend to ships etc.
Division 3—Other provisions relating to insurance contracts
25Insurance contracts other than life insurance contracts
26Life insurance contracts
27Maintenance of proceedings under insurance contracts
28Arbitration
29Division to apply to all contracts of insurance
Part IV—Bonds
30Actions on bonds etc.
Part V—Public contracts
31Effect of public contracts of Ministers or officers
Part VA—Corporate bodies contracts
31AFormalities of making, varying or discharging a contract
Part XII—Miscellaneous promises etc. required to be in writing
126Certain agreements to be in writing
128Representations of character
129Consideration for guarantee need not appear in writing
130Liability of members of unregistered companies
Part XIII—Contracts relating to the carriage of passengers by water
131Definitions
132Contracts for carriage of passengers by water
133Contracting out not allowed
134Construction and jurisdiction
135Owners of ships not to insert illegal conditions in contracts
Part XIV—Supplementary
136Validation of certain transactions in banking shares
137Abolition of warrants of attorney
138Power to Registrar-General to destroy or dispose of documents
138ATransitional provision
139Fees, searches and regulations
Part XV—Savings and transitional provisions—Personal Property Securities (Statute Law Revision and Implementation) Act 2010
Division 1—Definitions
141Definitions
Division 2—Liens on crops
142Effect of repeal on existing liens
Division 3—Liens on wool and mortgages of stock
143Effect of repeal on existing liens
144Effect of repeal on existing mortgages
Schedules
First Schedule
Second Schedule
Schedule 12—General power of attorney
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Endnotes
1 General information
2 Table of Amendments
3 Explanatory details
Version No. 123
Instruments Act 1958
No. 6279 of 1958
Version incorporating amendments as at
6 September 2023
An Act to consolidate the Law relating to…