Storage Liens Regulation 2019 (NSW)

Storage Liens Regulation 2019

[2019-289]

Status information

Currency of version
Current version for 28 June 2019 to date (accessed 12 July 2019 at 22:41)
Legislation on this site is usually updated within 3 working days after a change to the legislation.

Provisions in force
The provisions displayed in this version of the legislation have all commenced. See Historical Notes

Staged repeal status
This legislation is currently due to be automatically repealed under the Subordinate Legislation Act 1989 on 1 September 2024

Authorisation
This version of the legislation is compiled and maintained in a database of legislation by the Parliamentary Counsel's Office and published on the NSW legislation website, and is certified as the form of that legislation that is correct under section 45C of the Interpretation Act 1987.

File last modified 28 June 2019.

Storage Liens Regulation 2019

[2019-289]

Contents

Storage Liens Regulation 2019

1   Name of Regulation

This Regulation is the Storage Liens Regulation 2019.

2   Commencement

This Regulation commences on the day on which it is published on the NSW legislation website.

Note.

 This Regulation repeals and replaces the Storage Liens Regulation 2014, which would otherwise be repealed on 1 September 2019 by section 10 (2) of the Subordinate Legislation Act 1989.

3   Definition

(1)  In this Regulation:

the Act means the Storage Liens Act 1935.

Note.

 The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.

(2)  Notes included in this Regulation do not form part of this Regulation.

4   Prescribed notice of claim

The prescribed notice of claim referred to in sections 5 (1) (a) and 6 (2) (b) of the Act is a notice:

(a)  that is in writing, and

(b)  that identifies the goods to which it relates, and

(c)  that specifies the name and address of the person by whom the claim is made, and

(d)  that specifies whether that person claims to be the owner of the goods or merely to have some interest in the goods and, if the latter is the case, the nature of the interest claimed.

5   Verification of statements of account

(1)  The copies of the statement of account that are furnished to the NSW Trustee and Guardian under section 8 (3) of the Act must be verified by the signature of the storer or of some other person on the storer’s behalf.

(2)  Written particulars of the following matters must be furnished to the NSW Trustee and Guardian together with the copies of the statement of account:

(a)  the date of deposit of the goods,

(b)  the name and address of the person who deposited the goods,

(c)  the name and address of the owner of the goods and of each person who claims to be the owner of the goods or to have an interest in the goods, including the name and address of any person who claims to be the holder of a bill of sale in respect of the goods,

(d)  particulars of any such claim,

(e)  such other relevant information as is in the possession of the storer.

6   Charges payable to the NSW Trustee and Guardian

(1)  For the purposes of section 8 (4) of the Act, the charge prescribed is 5% of the amount held by the NSW Trustee and Guardian under that section, or $20, whichever is the greater.

(2)  Nothing in this clause prevents the NSW Trustee and Guardian from deducting any fee, commission or charge that is payable under the NSW Trustee and Guardian Act 2009, or under a regulation made under that Act, from the money held by the NSW Trustee and Guardian under section 8 (4) of the Storage Liens Act 1935.

7   Repeal and savings

(1)  The Storage Liens Regulation 2014 is repealed.

(2)  Any act, matter or thing that, immediately before the repeal of the Storage Liens Regulation 2014, had effect under that Regulation is taken to have effect under this Regulation.

Historical notes

The following abbreviations are used in the Historical notes:

Am	amended	LW	legislation website	Sch	Schedule
Cl	clause	No	number	Schs	Schedules
Cll	clauses	p	page	Sec	section
Div	Division	pp	pages	Secs	sections
Divs	Divisions	Reg	Regulation	Subdiv	Subdivision
GG	Government Gazette	Regs	Regulations	Subdivs	Subdivisions
Ins	inserted	Rep	repealed	Subst	substituted

Table of amending instruments

Storage Liens Regulation 2019 (289). LW 28.6.2019. Date of commencement, on publication on LW, cl 2.