Sale of Goods Act 1975 (ACT)

No. 39 of 1975

AN ORDINANCE

To amend the Sale of Goods Ordinance 1954-1967.

I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Ordinance under

the Seat of Government {Administration) Act 1910-1973.

Dated this thirtieth day of October, 1975.

JOHN R. KERR Governor-General.

By His Excellency's Command,

GORDON M. BRYANT

Minister of State for the Capital Territory.

SALE OF GOODS ORDINANCE 1975

1. (1) This Ordinance may be cited as the Sale of Goods Ordinance

1975.*

(2 ) The Sale of Goods Ordinance 1954-1967f is in this Ordinance referred to as the Principal Ordinance.

(3) The Principal Ordinance, as amended by this Ordinance, may

be referred to as the Sale of Goods Ordinance 1954-1975.

2. Section 9 of the Principal Ordinance is repealed.

t Ordinance N o . 15. 1954. as amended by N o . 19, 1966; and N o . 25, 1967.

3. Section 16 of the Principal Ordinance is amended by omitting sub-section (4) and substituting the following sub-section:—

" (4 ) Where a contract of sale is not severable and the buyer has accepted the goods or part of them, the breach of a condition to be fulfilled by the seller can be treated only as a breach of warranty and not as a ground for rejecting the goods and treating the contract as repudiated unless there is a term of the contract express or implied to that effect.".

4. Section 39 of the Principal Ordinance is amended by omitting the words " The buyer " and substituting the words " Subject to section 38, the buyer" .

* Notified in the Australian Government Gazette on 31 October 1975.

5. Section 62 of the Principal Ordinance is amended by inserting

after sub-section (1) the following sub-section:—

" (1A ) Nothing in this Ordinance affects, or shall be deemed at any time to have affected, any remedy in equity of the buyer or the seller in respect of a misrepresentation.".