Storage Liens Regulation 2018 (QLD)

Storage Liens Regulation 2018

1   Short title

This regulation may be cited as the Storage Liens Regulation 2018.

2   Particulars for notice of claim of ownership, interest or entitlement to charge—Act, s 5

(1)A notice mentioned in section 5(1)(a) of the Actmust include each of the following particulars—

(a)a sufficient description of the goods;

(b)the full name and address of the storer to whom the notice is addressed;

(c)a claim that the person giving the notice—

(i)is the owner of the goods; or

(ii)is the owner of an interest in the goods; or

(iii)is entitled to a charge on the goods;

(d)if the person claims to be the owner of an interest in the goods—the nature and extent of the interest;

(e)if the person claims to be entitled to a charge on the goods—the nature and extent of the charge;

(f)an address at which notices that may be given to the person under the Act may be given.

(2)Subsection (1)(f) does not limit the ways in which notices given under the Act may be given to a person.

3   Application for stay of further proceedings to auction goods—Act, s 6

(1)This section applies to an application under section 6(6) of the Actfor an order to stay further proceedings under that section.

(2)The application must state the following—

(a)a sufficient description of the goods;

(b)the amount currently claimed by the storer to be due and unpaid for the storer’s charges in relation to the goods;

Note—

The amount will not necessarily be the same as the amount claimed in the notice given under section 6(3) of the Act.

(c)the reasons why proceedings to auction the goods should be stayed.

Note—

See generally the Uniform Civil Procedure Rules 1999, chapter 2, part 4.

4   Substituted service of notices by storer—Act, s 8

(1)This section applies in relation to a notice that may be given to a person under section 5 or 6 of the Actif—

(a)the person is unknown to the storer; or

(b)no address for the person is known to the storer.

(2)The storer may give the notice by an advertisement that—

(a)includes a copy of the notice; and

(b)is published—

(i)in the gazette; and

(ii)in a newspaper circulating throughout the State; and

(iii)if another newspaper is published in the district in which the relevant premises are situated—in the other newspaper.

(3)The notice is taken to have been given on the day the advertisement is published in the gazette.

(4)In this section—

relevant premises, in relation to goods deposited with a storer, means the premises where the goods are deposited.

5   Repeal

The Storage Liens Regulation 2008, SL No. 265 is repealed.

6   References to repealed regulation

A reference in a document to the repealed Storage Liens Regulation 2008 may, if the context permits, be taken to be a reference to this regulation.