Approved for Reprint 3rd December, 1975.

WESTERN AUSTRALIA.

HIRE-PURCHASE.

8° Elizabeth IL, No. LVIII.

No. 58 of 1959:

(Affected by Act No. 113 of 1965.)

[As amended by Act:No. 107 of 1973, 2. assented to 4th January, 1974.No. 5 of 1974,' assented to 19th September, 1974,

and reprinted pursuant to the Amendments IncorporationAct, 1938.]

AN ACT to consolidate and amend the Law relatingto Hire-Purchase.

[Assented to 3rd December, 1959.]

BE it enactedPART I.—PRELIMINARY.

1. (1) This Act may be cited as the Hire-Purchase Act, 1959-1974.

1 Came into operation on 31st March, 1960. See Gazette 26/2/60, p. 475.=Sections 1, 2, 3 (except paragraph (a) ); section 4 (except—a) subparagraphs

(ii), (ill), (iv) and (v) of paragraph (a), (in the provision in subpara-graph (vii) of paragraph (a) in respect of the interpretation "LocalCourt", and (iii) paragraph (b) ); and sections 19 and 28 came into opera-tion on 1st April, 1975; see Gazette 24/1/75, p. 173. The remaining pro-visions came into operation on 15th September, 1975; see Gazette 5/9/75,p. 3184.

3 Sections 4-6 came into operation on same date as s. 28 of Act No. 107 of 1973,i.e. 1st April, 1975; see Gazette 24/1/75, p. 173. The remaining provisionsoperated from date of Assent.

34206/2/74

Short title,commence-ment anddivision intoParts.Amended byNo. 107 of1973, s. 3;No. 5 of1974, s. 1.

2 Hire-Purchase.

(2) This Act shall come into operation on a dayto be fixed by proclamation.

(3) This Act is divided into Parts as follows—PART I.—PRELIMINARY, ss. 1, 2.PART IL—FORMATION AND CONTENTS OF HIRE-

PURCHASE AGREEMENTS, ss. 3, 4.

PART III.—PROTECTION OF HIRERS, ss. 5-17.Division 1.—Warranties and Conditions, ss. 5, 6.

Division 2.—Statutory Rights of Hirers, ss. 7-10.

Division 3.—Early Completion of Agreements,s. 11.

Division 4.—Voluntary Return of Goods, s. 12.Division 5.—Repossessions, ss. 12A-17.

PART IV.—GUARANTEES, ss. 18, 19.PART V.—INSURANCE, ss. 20-23.PART VA.—CONTROL OF HIRE-PURCHASE CREDIT

PROVIDERS, ss. 23A-23V.Division 1.—Hire-Purchase Licensing Tribunal,

ss. 23A-23J.

Division 2.—Licensing of Hire-Purchase CreditProviders, ss. 23K-23P.

Division 3.—Powers of Investigation andEnquiry, ss. 23@-235.

Division 4.—Conduct of Business of Hire-Purchase Credit Providers, ss. 23T-23V.

PART VI.—MISCELLANEOUS, ss. 24-40A.

Operationof Act.

Repeal andsavings.

(4) This Act applies to and in relation to all hire-purchase agreements and agreements made inrelation to hire-purchase agreements entered intoat any time on or after the date of the coming intooperation of this Act.

(5) The Hire-Purchase Agreements Act, 1931-1937, and the Hire-Purchase Act, 1958 are repealedbut the former Act continues to have the sameoperation and effect in relation to hire-purchaseagreements entered into before the coming intooperation of this Act as if this Act had not beenenacted.

Hire-Purchase. 3

2. (1) In this Act, unless inconsistent with the .itgirpreta-context or subject-matter— Amended by

No. 107 of

"cash" includes a cheque drawn on a banker; 1973, s. 4.

"Commissioner" means the Commissioner forConsumer Protection appointed under sec-tion fifteen of the Consumer Protection Act,1971;

"credit provider" means a hire-purchase creditprovider;

"dealer" means a person, not being the hireror the owner or a servant of the owner, bywhom or on whose behalf negotiationsleading to the making of a hire-purchaseagreement with the owner were carried outor by whom or on whose behalf the trans-action leading to a hire-purchase agree-ment with the owner was arranged;

"goods" includes all chattels personal otherthan money or things in action;

"guarantee" includes an indemnity;

"guarantor" means a person who has guaran-teed the performance by a hirer of all orany of his obligations under a hirepurchase agreement and includes aperson who undertakes to indemnify theowner against any loss which he mayincur in respect of that agreement butdoes not include the dealer or a personengaged, at the time of the giving of theguarantee, in the trade or business ofselling goods of the same nature ordescription as the goods comprised in theagreement;

"hire-purchase agreement" includes(a) a letting of goods with an option to

purchase;(b) any agreement under which there is

a bailment of goods and either thebailee may buy the goods or theproperty in the goods will or maypass to the bailee;

4 Hire-Purchase.

(c) any agreement for the purchaseof goods by instalments (whetherthe agreement describes the instal-ments as rent or hire or otherwise)if the vendor or any person otherthan the hirer or his guarantorretains any interest in the goods oris or may become entitled to repos-sess the goods or to cause the hirer tolose his property in the goods; and

(d) any agreement whereby the pro-perty in the goods comprised thereinpasses at the time of the agreementor upon or at any time before deliv-ery of the goods, if the vendor orany person other than the hirer orhis guarantor retains any interestin the goods or is or may becomeentitled to repossess the goods or tocause the hirer to lose his propertyin the goods,

but does not include

(e) any agreement under which theperson by whom the goods are beinghired or purchased is a person who isengaged in the trade or business ofselling goods of the same nature ordescription as the goods comprised inthe agreement; or

(f) any agreement that includes aprovision conferring any right orlicence to occupy land on which thegoods comprised in the agree-ment are permanently or ordinarilysituated;

"hire-purchase credit provider" means a personwhose business is, or includes, being anowner under hire-purchase agreements orwho holds himself out as a person whosebusiness is, or includes, being such anowner;

Hire-Purchase. 5

"hirer" means the person to whom goods are let,hired, or agreed to be sold under a hire-purchase agreement and includes a personto whom the hirer's rights or liabilitiesunder the agreement have passed byassignment or by operation of law;

"licence" means licence of a credit providerunder this Act;

"Local Court" means a Local Court establishedunder the Local Courts Act, 1904;

"owner" means the person letting, hiring, oragreeing to sell goods under a hire-purchaseagreement and includes a person to whomthe owner's property in the goods or anyof the owner's rights or liabilities underthe agreement have passed by assignmentor operation of law;

"period of agreement" in relation to a hire-purchase agreement means the periodbetween the commencement of the hiringand the time provided by the agreementfor the payment of the last instalmentpayable thereunder;

"Registrar" means the Registrar of the Tribunalunder this Act;

"Schedule" means Schedule to this Act;

"statutory rebate"

(a) in relation to terms charges-

means the amount derived bymultiplying the terms chargesby the sum of all the wholenumbers from one to thenumber which is the numberof complete months in theperiod of the agreement stillto go (both inclusive) and bydividing the product soobtained by the sum of allthe whole numbers from one

(i)

6 Hire-Purchase.

to the number which is thetotal number of completemonths in the period of theagreement (both inclusive);or

(ii) where it is agreed in a hire-purchase agreement that theterms charges have been cal-culated on a simple interestbasis at a rate specified in theagreement on the amountoutstanding from month tomonth means the amount ofinterest attributable to theperiod of complete monthswhich at the relevant time isstill to go under the agree-ment;

(b) in relation to insurance, means thesum of

(I) the total amount of premiumpaid in respect of any annualperiod which at the relevanttime has not yet commenced;and

(ii) ninety per centum of the pro-portion of the amount of thepremium for insurance inrespect of the current annualperiod attributable to theunexpired portion of thatperiod consisting of wholemonths; and

(c) in relation to maintenance, meansthe amount derived by multiplyingthe amount charged for maintenanceby the number of complete monthsin the period of the agreement whichat the relevant time is still to go anddividing the product so obtained bythe number of complete months inthe period of the agreement;

Hire-Purchase. 7

"third party insurance" means any insurancein relation to liability in respect of deathor bodily injury caused by or arising out ofthe use of a motor vehicle being insurancerequired by the law of the place where thevehicle is registered or is being registered,as the case requires;

"total amount payable" in relation to a hire-purchase agreement means the totalamount to be paid or provided whether byway of cash or other consideration by oron behalf of the hirer under a hire-purchaseagreement;

"Tribunal" means the Hire-Purchase LicensingTribunal constituted under this Act;

"vehicle registration fees" means any amountto be provided under a hire-purchaseagreement by the owner for payment by oron behalf of the hirer under the law of aState or Territory of The Commonwealthin connection with the registration and useof a motor vehicle, including any amountpayable for third party insurance.

(2) A reference in this Act to the taking posses-sion by the owner of goods comprised in a hire-purchase agreement includes a reference to

(a) the taking possession of goods by theowner pursuant to an order by any court;

(b) the return of goods to the owner afternotice has been served pursuant to theprovisions of subsection (1) of sectionthirteen of this Act; and

(c) except in section twelve A and in subsec-tions (1) and (2) of section thirteen, thetaking possession by the owner as a resultof the voluntary return of the goods bythe hirer under section twelve of thisAct.

(3) Where, by virtue of two or more agreements,none of which by itself constitutes a hire-purchaseagreement, there is a bailment of goods and eitherthe bailee may buy the goods or the property in the

8 Hire-Purchase.

goods will or may pass to the bailee, the agreementsshall, for the purposes of this Act, be treated as asingle hire-purchase agreement made at the timewhen the last agreement was made.

PART II.-FORMATION AND CONTENTS OFHIRE-PURCHASE AGREEMENTS.

Summary of 3. (1) Before any hire-purchase agreement isproposedlairs-Pur- entered into in respect of any goods the owner or,chasetransaction if there is a dealer, the dealer shall give or cause toto be giventoprospec- be given to the prospective hirer a statement intive hirer.Amended by writing duly completed in accordance with the formNo. 113 of in the First Part of the First Schedule, but where1965, s. 8;No. /07 of the agreement is entered into by way of acceptance1973, s. 5.

by the owner of a written offer signed by or onbehalf of the hirer, the provisions of this subsectionshall be deemed not to have been complied withunless the written statement was given to theprospective hirer before the written offer was sosigned and a copy of the written offer was given tothe prospective hirer immediately after it was sosigned.

Found (2) Every hire-purchase agreementcontents ofhire-pur-chase (a) shall be in writing;agreements.

(b) shall be signed by or on behalf of the hirerand all other parties to the agreement;

(c) shall-(i) specify a date on which the hiring

shall be deemed to have commenced;(ii) specify the number of instalments

to be paid under the agreement bythe hirer;

(iii) specify the amounts of each of thoseinstalments and the person to whomand the place at which the paymentsof those instalments are to be made;

(iv) specify the time for the payment ofeach instalment; and

(v) contain a description of the goodssufficient to identify them;

Hire-Purchase. 9

(d) where any part of the consideration is oris to be provided otherwise than in cash,shall contain a description of that part ofthe consideration;

(e) shall set out in tabular form-

(i) the price at which at the time ofsigning the agreement the hirermight have purchased the goods forcash (in this Act called and in theagreement to be described as "cashprice");

(ii) the amount paid or provided by wayof deposit (in this Act called andin the agreement to be described as"deposit") showing separately theamount paid in money and theamount provided by a considerationother than money;

(iii) any amount included in the totalamount payable for maintenance ofthe goods (in this Act called and inthe agreement to be described as"maintenance");

(iv) any amount included in the totalamount payable to cover the ex-penses of delivering the goods or anyof them to or to the order of the hirer(in the agreement to be described as"freight").

(v) any amount included in the totalamount payable to cover vehicleregistration fees (in the agreementto be called "vehicle registrationfees").

(vi) any amount included in the totalamount payable for insurance otherthan third party insurance (in thisAct called and in the agreement tobe described as "insurance");

10 Hire-Purchase.

(vii) any amount included in the totalamount payable to cover the fees tobe paid under the Bills of Sale Act,1899, for registration of the agree-ment (in the agreement to be called"agreement registration fees");

(viii) the total of the amounts referred toin subparagraphs (i), (iv),(v), (vi) and (vii) of this paragraphless the deposit (in this Act calledand in the agreement to be describedas "amount financed");

(ix) the total of any other chargesincluded in the total amount payable(in this Act called and in theagreement to be described as "termscharges") and also the percentagerate of the terms charges calculatedin accordance with the formulaprovided in the Fifth Schedule;

(x) the total of the amounts referred toin subparagraphs (viii) and (ix) ofthis paragraph (in this Act called"the balance originally payableunder the agreement"); and

(xi) the total amount payable; and

(f) shall contain, immediately above the spacefor the signature of the hirer, a clausewhich shall be printed as prominently as ormore prominently than the terms andconditions of the agreement and whichshall read as follows

The hirer is reminded that terms chargesmay differ from one hire-purchase creditprovider to another and it will be in hisbest interests to make enquiries to satisfyhimself that he is receiving the best dealin terms charges.

(3) An owner who enters into a hire-purchaseagreement that does not comply with subsection(2) of this section commits an offence against thisAct.

Hire-Purchase. 11

(4) Without affecting the liability of any personto be convicted of an offence against this section,where a provision of this section is not compliedwith in relation to a hire-purchase agreement (notbeing a failure to comply with paragraph (a) ofsubsection (2) of this section), the liability of thehirer thereunder is, by force of this subsection,reduced by the amount included in the hire-purchase agreement for terms charges and thatamount may be set off by the hirer against theamount that would otherwise be due or become dueto the owner under the agreement.

(5) A hire-purchase agreement that is not inwriting is not enforceable by the owner.

(6) Where the goods comprised in a hire-purchaseagreement are all items of furniture, whether freestanding or in-built, as specified in the Second Partof the First Schedule and the total cash price ofthe goods is unknown because of some substantialalteration or addition to be made to or of somesubstantial work to be done in respect of all or anyof the goods before delivery thereof to the hirer, itis a sufficient compliance with the requirements ofsubsection (1) of this section if the statementtherein referred to sets out approximate amountsin lieu of specific amounts and it is a sufficientcompliance with the requirements of subparagraph(iii) of paragraph (c) and of paragraph (e) ofsubsection (2) of this section in regard to amountsand cash price if the agreement sets out approxi-mate amounts and cash price in lieu of specificamounts and cash price:

Provided that in each case

(a) the amounts and price stated are clearlystated to be approximate only; and

(b) prior to the stamping of the agreement thetrue amounts and price are inserted thereinand a further or amended statement inwriting is duly completed in accordancewith the form in the First Schedule and isgiven to the hirer.

12 Hire-Purchase.

(7) For the purposes of subsection (6) of thissection an amount or a cash price is approximate ifit is within ten per centum of the true amount orprice or within twenty dollars thereof.

Certain copydocumentsto be servedon hirer.

SecondSchedule.

4. The owner shall serve or cause to be servedon the hirer within twenty-one days after themaking of a hire-purchase agreement

(a) a copy of the agreement in writing;

(b) a notice in writing in or to the effect ofthe Second Schedule, which notice may beendorsed on the copy of the agreement; and

(c) where any part of the total amount payableconsists of an amount paid or to be paidunder a policy of insurance (not being apolicy of third party insurance), a copyof the policy or a statement in writing ofthe terms, conditions and exclusions of thepolicy that affect or concern the rights ofthe hirer,

but failure to comply with the provisions of thissection does not avoid the agreement.

PART III.—PROTECTION OF HIRERS.

Division 1.—Warranties and Conditions.

Conditionsand war-ranties to beimplied inevery hire-purchaseagreement.

5. (1) In every hire-purchase agreement thereshall be deemed to be

(a) an implied warranty that the hirer shallhave and enjoy quiet possession of thegoods;

(b) an implied condition on the part of theowner that he will have a right to sellthe goods at the time when the propertyis to pass;

(c) an implied warranty that the goods will befree from any charge or encumbrance infavour of any third party (other than acharge or encumbrance created by or withthe consent of the hirer) at the time whenthe property is to pass.

Hire-Purchase. 13

(2) In every hire-purchase agreement there shallbe deemed to be an implied condition that thegoods shall be of merchantable quality but no suchcondition shall be deemed to be implied

(a) as regards defects of which the owner couldnot reasonably have been aware, or, if thereis a dealer, neither the owner nor the dealercould reasonably have been aware, at thetime the agreement was made; or

(b) where the hirer has examined the goods ora sample thereof, as regards defects whichthe examination ought to have revealed; or

(c) if the goods are second-hand goods and theagreement contains a statement to theeffect that-

(i) the goods are second-hand; and

(ii) all conditions and warranties as toquality are expressly negatived,

and the owner proves that the hirer hasacknowledged in writing that the statementwas brought to his notice.

(3) Where the hirer expressly or by implicationmakes known to the owner or to the dealer or toany servant or agent of the owner or the dealerthe particular purpose for which the goods arerequired, there shall be deemed to be implied in thehire-purchase agreement a condition that the goodsare reasonably fit for that purpose but no suchcondition shall be deemed to be implied if the goodsare second-hand goods and the agreement containsa statement to the effect

(a) that the goods are second-hand; and

(b) that all conditions and warranties of fitnessand suitability are expressly negatived,

and the owner proves that the hirer has acknow-ledged in writing that the statement was brought tohis notice.

14 Hire-Purchase.

(4) Without prejudice to any other rights orremedies to which an owner may be entitled wherethe hirer has made known expressly or by implica-tion to the dealer or to any servant or agent of thedealer the particular purpose for which the goodsare required, an owner is entitled to be indemnifiedby the dealer against any damage suffered by theowner through the operation of the provisions ofsubsection (3) of this section.

(5) Nothing in this section prejudices any otherenactment or rule or law whereby any condition orwarranty is to be implied in any hire-purchaseagreement.

As to theliability ofthe ownerand thedealer formisrepre-sentation.Amended byNo. 107 of1973, s. 6.

6. (1) A representation, warranty, or statementmade to the hirer or prospective hirer, whetherorally or in writing, by the owner or dealer orany person acting on behalf of the owner or dealerin connection with or in the course of negotiationsleading to the entering into of a hire-purchaseagreement shall confer on the hirer

(a) as against the owner, the same rights(including the right to rescind the agree-ment) as the hirer would have had if therepresentation, warranty, or statementhad been made by an agent of the owner;and

(b) as against the person who made therepresentation, warranty, or statement,and any person on whose behalf suchperson was acting in making it, the sameright of action as the hirer would havehad against them or either of them if thehirer had entered into the hire-purchaseagreement with such firstmentioned per-son or the person on whose behalf he wasacting (as the case requires) as a result ofthe negotiations.

Hire-Purchase. 15

(2) A covenant, condition, or term in a hire-purchase agreement or other document purportingto exclude, limit, or modify the operation of thissection or to preclude any right of action or anydefence based on or arising out of any such repre-sentation, warranty or statement is void.

(3) Without prejudice to any other rights orremedies to which an owner may be entitled, anowner is entitled to be indemnified by the personwho made the representation, warranty, or state-ment, and by any person on whose behalf therepresentation, warranty, or statement was madeagainst any damage suffered by the owner throughthe operation of the foregoing provisions of thissection.

Division 2.—Statutory Rights of Hirers.

7. (1) At any time before the final payment hasbeen made under a hire-purchase agreement theowner shall, within fourteen days after he hasreceived a request in writing from the hirer or aguarantor, send to him a copy of the agreement,together with a statement in writing signed by theowner or his agent showing

(a) the amount paid to the owner by or onbehalf of the hirer;

(b) the amount which has become due underthe agreement but remains unpaid; and

(c) the amount that is to become payable underthe agreement,

but an owner is not obliged to comply with therequest if he has sent the hirer or guarantor, as thecase may be, a copy of the agreement and a state-ment within the period of three months immediatelypreceding the receipt of the request.

Hirer to beentitled tocopyagreementand state-ment of hispresentPosition.Amended byNo. 107 of1973, s. 7.

16 Hire-Purchase.

(2) If an owner contravenes subsection (1) of thissection by failing to comply with a request madepursuant to that subsection he commits an offenceagainst this Act and is liable to a penalty of fivehundred dollars and, until the default is remedied

(a) the owner is not entitled to enforce-

(i) the agreement against the hirer;

(ii) any right to recover the goods fromthe hirer; or

(iii) any contract of guarantee relating tothe agreement; and

(b) any security given by the hirer in respectof money payable under the agreement orgiven by a guarantor is not enforceableagainst the hirer or the guarantor by anyholder thereof.

As to appro-priation ofpaymentswhen morethan oneagreement.

8. A hirer who is liable to make payments inrespect of two or more hire-purchase agreementsto the same owner is entitled, notwithstanding anyagreement to the contrary, on making any paymentin respect of the agreements that is not sufficientto discharge the total amount then due under allthe agreements, to require the owner to appropriatethe sum so paid by him in or towards the satisfactionof the sum due under any one of the agreements,or in or towards the satisfaction of the sums dueunder any two or more of the agreements in suchproportions as he thinks fit, and, if he fails to makeany such appropriation, the payment shall by virtueof this section be deemed to be appropriated in ortowards the satisfaction of the sums due under therespective agreements in the order in which theagreements were entered into.

As to assign-ments ofrights underhire-pur-chaseagreements.Amended byNo. 107 of1973, s. 8.

9. (1) The right, title, and interest of a hirerunder a hire-purchase agreement may be assignedwith the consent of the owner or, if his consent isunreasonably withheld, without his consent.

Hire-Purchase. 17

(2) Except as otherwise provided in this section,no payment or other consideration shall be requiredby an owner for his consent to such an assignmentas is mentioned in subsection (1) of this section,and where an owner requires any such payment orother consideration for his consent, that consentshall be deemed to be unreasonably withheld.

(3) Where at the request of a hirer an owner failsor refuses to give his consent to an assignment bythe hirer of his right, title and interest under ahire-purchase agreement, the hirer may apply toa Local Court for an order declaring that the consentof the owner to that assignment has unreasonablybeen withheld, and where an order is made thatconsent shall be deemed to be unreasonably with-held.

(4) As a condition of granting consent to anyassignment of the right, title and interest of thehirer under a hire-purchase agreement, the ownermay stipulate that all defaults under the hire-purchase agreement shall be made good and mayrequire the hirer and assignee

(a) to execute and deliver to the owner anassignment agreement in a form approvedby the owner whereby without prejudicingor affecting the continuing personal liabilityof the hirer in those respects the assigneeagrees with the owner to be personallyliable to pay the instalments of hireremaining unpaid and to perform andobserve all other stipulations and conditionsof the hire-purchase agreement during theresidue of the term thereof and wherebythe assignee indemnifies the hirer in respectof such liabilities; and

(b) to pay the reasonable costs (if any)incurred by the owner in stamping orregistering the assignment agreement orcounterparts and if required by the owneralso the reasonable costs incurred by theowner in registering the same under theBills of Sale Act, 1899.

18 Hire-Purchase.

(5) The right, title, and interest of a hirer undera hire-purchase agreement is capable of passing byoperation of law to the personal representative ofthe hirer and if the hirer is a company the liquidatormay exercise the same rights under the agreementas the company, but nothing in this subsectionrelieves a personal representative or liquidator fromcompliance with the provisions of the agreement.

Power tocourt toallow goodsto beremoved.Amended byNo. 107 of1973, 5. 9.

10. Where, by virtue of a hire-purchase agree-ment, it is the duty of a hirer to keep the goodscomprised in the agreement in his possession orcontrol at a particular place or not to remove thegoods from a particular place, a Local Court may, onthe application of the hirer, make an order approv-ing the removal of the goods to some other place,which place shall thereafter, for the purposes of theagreement, be substituted for the firstmentionedplace.

Hirer to beentitled tofinaliseagreementat any time.

Division 3.—Early Completion of Agreements.

11. (1) The hirer under a hire-purchase agree-ment may, if he has given notice in writing to theowner of his intention so to do, on or before the dayspecified for that purpose in the notice, complete thepurchase of the goods by paying or tendering to theowner the net balance due to the owner under theagreement.

(2) For the purposes of this section the net balancedue is balance originally payable under the agree-ment less any amounts (other than the deposit)paid or provided, whether by cash or otherconsideration, by or on behalf of the hirer underthe agreement, and less

(a) the statutory rebate for terms charges;

(b) if the hirer requires any contract forinsurance to be cancelled, the statutoryrebate for insurance; and

(c) if the hirer requires any contract formaintenance to be cancelled, the statutoryrebate for maintenance.

Hire-Purchase. 19

(3) The rights conferred on the hirer by thissection may be exercised by him

(a) at any time during the continuance of theagreement; or

(b) where the owner has taken possession ofthe goods, on paying or tendering to theowner before or within twenty-one daysafter the owner has served a notice in theform of the Fourth Schedule on the hirer,in addition to the net balance due-

(i) the reasonable costs incurred by theowner of an incidental to his takingpossession of the goods; and

(ii) any amount properly expended bythe owner on the storage, repair, ormaintenance of the goods.

Division 4.—Voluntary Return of Goods.

12. (1) The hirer of any goods comprised in a Power to

hire-purchase agreement may terminate the hiring Ileirteeintneby returning the goods to the owner during ordinary h enndecl bybusiness hours at a place at which the owner No. 107 of

1973, 10.ordinarily carries on business or to the placespecified for that purpose in the agreement and thereturn of the goods to either place terminates thehiring.

(2) Where the nature of the goods comprised in ahire-purchase agreement is, or the facilities availableat the place or places of business of the owner or atthe place specified in the agreement are, such thatit would be impracticable to return the goods tosuch a place, the hirer may terminate the hiringby returning the goods

(a) to any place agreed to by the parties to theagreement; or

(b) if the parties fail to agree, to a place thatis reasonable, having regard to all thecircumstances surrounding the transaction.

20 Hire-Purchase.

(3) A hirer who proposes to return goods to theowner under this section may apply to a Local Courtfor an order fixing the place to which the goods maybe returned under paragraph (b) of subsection (2)of this section.

(4) The court may in any order made pursuantto this section order that, subject to the goods beingreturned to the owner, the hiring shall be determinedon such date as is specified in the order not beinga date before the hirer required the owner to nomi-nate a reasonable place for the return of the goods.

(5) The hirer shall deliver to the owner writtennotice of an application under this section, not lessthan twenty-four hours before the application is tobe heard.

(6) Division 5 of this Part, except section twelve Aand subsections (1) and (2) of section thirteen,apply, with such modifications as are necessary, toand in relation to the taking possession by theowner as a result of the voluntary return of thegoods by the hirer under this section; and thissection, and any voluntary return of goods, courtorder, and termination of hiring under or pursuantto this section, are subject to the provisions of thatDivision that do so apply.

Division 5.—Repossessions.

Protectedgoods.Added byNo. 107 of1973, S. 11.

12A. (1) Where a hire-purchase agreement hasnot been terminated by the hirer and

(a) seventy-five per cent. of the total amountpayable under the agreement has been paid(whether in pursuance of a court order orotherwise) by or on behalf of the hirer orguarantor; and

(b) the hirer does not-

(i) part with, or attempt to part with,possession of the goods, without theconsent of the owner; or

Hire-Purchase. 21

(ii) commit, or attempt to commit, anoffence under section thirty-three orthirty-four of this Act; and

(c) the right, title, and interest of the hirerunder the agreement is not assigned otherthan in accordance with section nine of thisAct,

the owner may exercise any power of takingpossession of goods comprised in the agreement onlywith the consent of the Commissioner.

(2) Where at the request of the owner theCommissioner fails or refuses to give the consentrequired by subsection (1) of this section, theowner may apply to a Local Court for an orderdeclaring that the failure or refusal of the Com-missioner to give his consent was unreasonable inthe circumstances of the case, and where an orderis made that consent shall be deemed to have beengiven.

(3) There is no appeal against a decision of aLocal Court under this section.

13. (1) Subject to this section, an owner shall Notiecessiven

not exercise any power of taking possession of goods to heinregroods

comprised in a hire-purchase agreement arising out rAe-pasdseesasbed.

of any breach of the agreement relating to the ITE.P7f;payment of instalments until he has served on thehirer and every guarantor a notice, in writing, inthe form of the Third Schedule and the periodfixed by the notice (being not less than seven daysafter the service of the notice) has expired.

(2) An owner is not obliged to comply withsection twelve A or subsection (1) of this sectionif there are reasonable grounds for believing thatthe goods comprised in the hire-purchase agree-

22 Hire-Purchase.

ment will be removed or concealed by the hirercontrary to the provisions of the agreement, butthe onus of proving the existence of those groundslies upon the owner.

(3) Within twenty-one days after the owner hastaken possession of goods that were comprised in ahire-purchase agreement he shall serve on the hirerand every guarantor a notice, in writing, in theform of the Fourth Schedule.

(4) If the notice required by subsection (3) ofthis section is not served, the rights of the ownerunder the hire-purchase agreement cease anddetermine, but, if the hirer exercises his rightsunder this Act to recover the goods so takenpossession of, the Agreement has the same forceand effect in relation to the rights and liabilitiesof the owner and the hirer as it would have hadif the notices had been duly given.

Owner toretainpossessionof goodsre-possessedfortwenty-onedays.Amended byNo. 107 of1973, s. 13.

14. Where an owner has taken possession of anygoods he shall not, without the consent in writingof the hirer and every guarantor but subject tosection fifteen of this Act, sell or dispose of the goodsor part with possession thereof until after theexpiration of twenty-one days from the date of theservice on the hirer of the notice referred to insubsection (3) of section thirteen of this Act or,if notice under subparagraph (i) of paragraph (a)of subsection (1) of section fifteen of this Act hasbeen given, until the time for payment or tenderpursuant to that notice has expired (whicheveris the later).

As to hirer'srights andimmunitieswhen goodsre-possessed.Amended byNo. 107 of1973, s. 14.

15. (1) Where the owner takes possession of anygoods comprised in a hire-purchase agreement, thefollowing provisions have effect, namely:

(a) the hirer may, before or within twenty-onedays of the service on him of the noticereferred to in subsection (3) of section

Hire-Purchase. 23

thirteen of this Act, by giving to the ownera notice in writing signed by the hirer orhis agent-

(i) require the owner to re-deliver to orto the order of the hirer (subject tocompliance by the hirer with theprovisions of section sixteen of thisAct) the goods which have beenre-possessed; or

(ii) require the owner to sell the goods toany person introduced by the hirerwho is prepared to purchase thegoods for cash at a price not lessthan the estimated value of thegoods set out in the first-mentionednotice;

(b) the hirer may recover from the owner-(i) if the value of the goods at the time

of the owner so taking possessionthereof is less than the net amountpayable but the total of that valueand the amount paid or provided,whether by cash or other considera-tion, by or on behalf of the hirerunder the agreement exceeds the netamount payable, the differencebetween that total and the netamount payable; or

(ii) if the value of the goods at the timeof the owner so taking possessionthereof is equal to or greater thanthe net amount payable, the total ofthat value and the amount paid orprovided, whether by cash or otherconsideration, by or on behalf of thehirer under the agreement, less thenet amount payable; and

(c) the owner is not entitled to recover any sum(whether under a judgment or order orotherwise) which would together with-

(i) the value of the goods at the time ofthe owner so taking possessionthereof; and

24 Hire-Purchase.

.(ii) the amount paid or provided, whetherby cash or other consideration, by oron behalf of the hirer under theagreement, amount to more thanthe net amount payable in respectof the goods.

(2) For the purposes of this section

(a) the net amount payable is the total amountpayable less the statutory rebates for termscharges, insurance and maintenance as atthe time of the owner taking possession ofthe goods; and

(b) the value of any goods at the time of theowner taking possession thereof is-

(i) the best price which could be reason-ably obtained by the owner at thattime; or

(ii) if the hirer has introduced a personwho has purchased the goods forcash, the amount paid by that person,

less

(iii) the reasonable costs incurred by theowner of and incidental to his takingpossession of the goods;

(iv) any amount properly expended bythe owner on the storage, repair, ormaintenance of the goods; and

(v) (whether or not the goods have sub-sequently been sold or disposed of bythe owner) the reasonable expensesof selling or otherwise disposing ofthe goods.

(3) Where the owner has sold goods of which hehas taken possession, the onus of proving that theprice obtained by him for the goods was the bestprice that could reasonably be obtained by him atthe time when he took possession of the goods liesupon the owner.

Hire-Purchase. 25

(4) Except where the owner has failed to serve onthe hirer a notice as required by subsection (3) ofsection thirteen, no amount is recoverable by thehirer under this section unless

(a) the hirer, within twenty-one days after theowner has served such a notice, gives to theowner notice in writing-

(i) setting out the amount claimed underthe provisions of this section and theamount that is claimed by the hirerto be the value of the goods at thetime of the owner taking possessionthereof; and

(ii) signed by the hirer or his solicitor oragent; and

(b) proceedings for the recovery of the amountso claimed are commenced not earlier thanseven days and, except where the goodshave been sold at the request of the hirerto a person introduced by the hirer, notlater than three months after the givingby the hirer to the owner of the noticereferred to in paragraph (a) of this sub-section.

(5) If, before any proceedings mentioned in para-graph (b) of subsection (4) of this section are com-menced by the hirer, the owner serves an offer inwriting on the hirer to pay any amount in satis-faction of the claim by the hirer under this section,the owner in the proceedings is entitled to pay intocourt the amount so offered and, upon so doing, isentitled to the same rights as if that amount hadbeen tendered to the hirer before the proceedingswere commenced: but no such right is available tothe owner in any proceedings by the hirer to recoverthe amount so offered or any lesser amount if thehirer, before commencing the proceedings, notifiesthe owner in writing of the acceptance by the hirerof the amount so offered.

26 Hire-Purchase.

(6) Where arising from the circumstances of thetaking possession by the owner of goods comprisedin a hire-purchase agreement, or an attempt at suchtaking, a hirer has a right of civil action against aperson involved in the taking or the attempt, thehirer has a like right against the owner, but theperson involved in the taking or the attempt shallindemnify the owner against all liability incurred bythe owner pursuant to this subsection.

Power tohirer toregainpossessionof goods incertaincircum-stances.Amended byNo. 107 of1973, s. 15.

16. (1) If, within fourteen days after giving noticeto the owner pursuant to the provisions of paragraph(a) of subsection (1) of section fifteen of this Act,the hirer

(a) pays or tenders to the owner any amountdue by the hirer under the hire-purchaseagreement in respect of the period of hir-ing up to the date of that payment ortender;

(b) remedies any breach of the agreement or(where he is unable to remedy the breachby reason of the fact that the owner hastaken possession of the goods) pays ortenders to the owner the costs and expensesreasonably and actually incurred by theowner in doing any act, matter, or thingnecessary to remedy that breach; and

(c) pays or tenders to the owner the reasonablecosts and expenses of the owner of andincidental to his taking possession of thegoods and of his returning them to or tothe order of the hirer,

the owner shall forthwith return the goods to thehirer and the goods shall be received and held bythe hirer pursuant to the terms of the hire-purchase agreement as if the breach had notoccurred and the owner had not taken possessionthereof.

Hire-Purchase. 27

(2) Where goods are returned to the hirerpursuant to subsection (1) of this section and anybreach has not been remedied, the owner has noright arising out of that breach to take possessionof those goods unless

(a) by notice in writing given to the hirer atthe time of the return of the goods hespecifies the breach and requires it to beremedied; and

(b) the hirer fails within fourteen days orwithin the time specified in the notice(whichever is the longer) after receivingthe notice to remedy the breach.

(3) For the purposes of paragraph (a) ofsubsection (1) of this section, where the hirermakes a payment or tender referred to in thatparagraph, the hiring shall be deemed to havecontinued up to the date on which that paymentor tender was made.

17. In any legal proceedings in relation to ahire-purchase agreement, after the owner has takenpossession of the goods, the court before which theproceedings are brought may vary or discharge anyjudgment or order of any court against the hirerfor the recovery of money so far as is necessary togive effect to the provisions of section fifteen ofthis Act.

Power tocourt tovary exist-ing judg-ments Ororders whengoods arere-possessed.

PART IV.-GUARANTEES.

18. (1) Except as otherwise provided in this Act :otvoisions

a guarantor is not, by reason of the operation of this guarantors.

Act, discharged from liability under his guarantee. ite110FIleodf by1973, s. 16.

(2) The liability of a guarantor continuesnotwithstanding that the owner has, pursuant tothe provisions of a hire-purchase agreement, takenpossession of the goods comprised therein (andwhether or not the goods have been re-delivered toor to the order of the hirer pursuant to this Act);

28 Hire-Purchase.

but nothing in this subsection operates to preservethe liability of a guarantor where the owner and thehirer have entered into a new agreement in respectof the goods comprised in any hire-purchaseagreement.

(3) No guarantor is liable to any further or otherextent than the hirer, the performance of whoseobligations he has guaranteed; but, subject tosection nineteen of this Act, nothing in this Actaffects any agreement by the guarantor bindinghim to the performance of any obligation that isnot one of the obligations imposed on the hirer underthe hire-purchase agreement in respect of which theguarantee is given.

(4) Where goods have been delivered to or to theorder of the hirer pursuant to a hire-purchaseagreement and the owner subsequently takespossession thereof, the guarantor who has paid anymoneys to the owner in accordance with hisguarantee has the like right in like manner torecover those moneys as he would have had if hehad been the hirer of the goods, but for the purposeof calculating the amount received by the ownerall moneys paid and the value of any otherconsideration provided by or on behalf of the hirerunder the agreement shall be deemed to have beenpaid or provided by the guarantor.

(5) Notwithstanding anything in subsection (4)of this section, no moneys shall be recovered bythe guarantor in excess of the moneys actually paidby him in accordance with his guarantee.

(6) Where it is proposed that a person is to beguarantor

(a) if it is so proposed before the hire-purchaseagreement is entered into-

(i) the owner or, if there is a dealer, thedealer shall give or cause to be givento the prospective guarantor thestatements that are required to begiven to the prospective hirer under

Hire-Purchase. 29

subsection (1) of section three of thisAct, at the time they are required tobe given to the prospective hirer; and

(ii) if the prospective guarantor becomesa guarantor, the owner shall serve orcause to be served on the guarantorwithin twenty-one days after themaking of the hire-purchase agree-ment, a copy of the documents thatare required to be served on the hirerunder section four of this Act andalso a copy of the contract of gua-rantee; and

(b) if it is so proposed after the hire purchaseagreement has been entered into-

(i) the owner or, if there is a dealer, thedealer shall, before the contract ofguarantee is entered into, give orcause to be given to the prospectiveguarantor a copy of all the state-ments and other documents thatwere required to be given to the hirerunder sections three and four of thisAct;

(ii) the owner shall, before the contractof guarantee is entered into, give orcause to be given to the prospectiveguarantor a statement in writingsigned by the owner or his agentshowing current details of the mat-ters referred to in paragraphs (a),(b), and (c) of subsection (1) ofsection seven of this Act; and

(iii) if the prospective guarantor becomesa guarantor, the owner shall serve orcause to be served on the guarantorwithin twenty-one days after themaking of the contract of guarantee,a copy of it,

but the foregoing provisions of this subsection donot apply to or in relation to a contract of guaranteeexecuted and certified in accordance with sectionnineteen of this Act.

30 Hire-Purchase.

(7) At any time before the final payment has beenmade under a hire-purchase agreement the ownershall, within fourteen days after he has received arequest in writing from any guarantor, send to him acopy of the contract of guarantee, but an owner isnot obliged to comply with the request if he has sentthe guarantor a copy of the contract of guaranteewithin a period of three months immediately preced-ing the receipt of the request.

(8) If an owner contravenes subsection (7) of thissection he commits an offence against this Act andis liable to a penalty of one hundred dollars anduntil the default is remedied

(a) the owner is not entitled to enforce thecontract of guarantee; and

(b) any security given by the guarantor is notenforceable against the guarantor by anyholder thereof.

(9) Where a hirer, not being a body corporate, isunder the age of eighteen years, only

(a) a parent or legal guardian of the hirer;

(b) a person approved by a parent or legalguardian of the hirer; or

(c) if there is no parent or legal guardian of thehirer, a person approved by the Director ofthe Department for Community Welfareappointed under the Community WelfareAct, 1972,

can act as guarantor of the hirer.

(10) Subsections (2), (3), (5) and (6) of sectiontwenty-five of the Guardianship of Children Act,1972, apply, with such modifications as are necessary,to and in relation to the power of approval conferredby subsection (9) of this section on the Director ofthe Department for Community Welfare and to andin relation to persons and matters affected therebyas if that power of approval was a power conferredby section twenty-five of the Guardianship ofChildren Act, 1972.

Hire-Purchase. 31

Guarantornot to bebound incertain casesunless in-dependentlyadvised.Amended byNo. 107 of1973, a. 17.

19. (1) Where a guarantor enters into anagreement binding the guarantor

(a) to pay to the owner under a hire-purchaseagreement an aggregate sum which islarger than the balance originally payableunder the hire-purchase agreement;

(b) to perform an obligation in respect ofgoods other than the goods comprised ina hire-purchase agreement;

(c) to permit the owner under a hire-purchaseagreement or any person acting on behalfof the owner to enter upon any premisesfor the purpose of taking possession of orinspecting goods that are subject to thehire-purchase agreement; or

(d) to relieve the owner under a hire-purchaseagreement or any person acting on behalfof the owner from liability for any suchentry,

the agreement so entered into by the guarantor isvoid and the owner under the hire-purchaseagreement concerned commits an offence againstthis Act unless the agreement is executed by theguarantor in the presence of a solicitor instructedand employed independently of the owner and thesolicitor, as the case may be, certifies in writingupon the agreement

(e) that he is satisfied that the guarantorunderstands the true purport and effect ofthe agreement; and

(f) that the guarantor has executed theagreement in his presence.

(2) A solicitor shall not give a certificate inrespect of an agreement under subsection (1) ofthis section unless

(a) he has read over and explained theagreement to the guarantor or hascaused the agreement to be read overand explained to the guarantor in hispresence;

32 Hire-Purchase.

As to insur-ance ofgoods com-prised inhire-pur-chaseagreements.Amended hiNo. 107 of1973, s. 18.

Hirer to beentitled toinsurancerebates.

(b) he has examined the guarantor touchinghis knowledge of the agreement;

(c) he is satisfied that the guarantor under-stands the true purport and effect of theagreement; and

(d) the guarantor has freely and voluntarilyexecuted the agreement in his presence.

(3) Failure by a solicitor to comply with sub-section (2) of this section in respect of a certificatedoes not invalidate the certificate.

PART V.-INSURANCE.

20. (1) An owner may require any goods com-prised in a hire-purchase agreement to be insuredin the names of the owner and the hirer againstany risk that he thinks fit for the period of theagreement at the expense of the hirer.

(2) Where an owner requires a hirer to insureagainst any risk, the owner shall supply a list of notless than twenty insurers that are acceptable to theowner.

(3) An owner shall not refuse to enter into ahire-purchase agreement with a person who effectsinsurance of the goods for the period of the agree-ment against such risks and subject to such terms,conditions, and exceptions as are required by theowner in the names of the owner and the hirer withan insurer on the list supplied by the ownerpursuant to subsection (2) of this section.

(4) An owner shall not require a hirer to obtaininsurance against risks or subject to terms,conditions, and exceptions that the owner does notrequire if he arranges the insurance.

(5) Where, in respect of the insurance of goodscomprised in a hire-purchase agreement, theinsurer allows a no-claim rebate or a rebate of asimilar nature, the hirer under the agreement is

Hire-Purchase. 33

entitled to the benefit of the rebate and any personwho knowingly pays or allows any such rebate toan owner commits an offence against this Act.

(6) Where(a) an insurer or other person pays or confers

any commission or other benefit to or uponan owner, dealer, or other person in respectof a contract of insurance required by theowner under this section; and

(b) the amount or value of the commission orbenefit (or where separate commissions orbenefits have been paid the aggregateamount or value thereof) exceeds twentyper centum of the total amount payable byway of premium or premiums under thecontract of insurance,

the insurer and the person to or upon whom thecommission or other benefit was paid or conferredeach commit an offence against this Act.

21. (1) In any proceedings taken in any court Pc=rfnain respect of a difference or dispute arising out ofa contract of insurance if it appears to the court associatedthat a failure by the insured or the hirer to observe =rseor perform a term or condition of the contract of agreements.

insurance may reasonably be excused on the groundthat the insurer was not prejudiced by the failure,the court may, unless an order excusing the failurehas already been made under subsection (2) of thissection, order that the failure be excused.

(2) Where a difference or dispute has arisen outof a contract of insurance, the insured or the hireror any guarantor in respect of the hire-purchaseagreement may, unless an order excusing the failureconcerned has already been made under subsection(1) of this section, apply to the court for an orderthat the failure to observe a term or condition ofthe contract of insurance be excused; and if itappears to the court that the failure may reasonablybe excused on the ground that the insurer was notprejudiced by the failure the court may order thatthe failure be excused.

34 'Hire-Purchase.

(3) Where an order is made under subsection (1)or subsection (2) of this section, the rights andliabilities of all persons in respect of the contract ofinsurance concerned is determined as if the failurethe subject of the order had not occurred.

As tocontents ofcontracts ofInsurance.

22. (1) Every contract of insurance (not being acontract of third party insurance) and statementserved upon a hirer pursuant to section four of thisAct shall

(a) identify the goods or the part of the goodsto be insured;

(b) contain a statement of the amount andperiod for which the goods are insured orare to be insured; and

(c) if the amount for which the goods are orare to be insured will vary during the periodof the agreement, contain a statementshowing the varying amounts.

(2) Subject to subsection (3) of this section, anyprovision in any agreement or other document

(a) requiring differences or disputes arisingout of a contract of insurance to be referredto arbitration;

(b) providing that no action or suit is main-tainable upon a contract of insurance oragainst the insurer in respect of any claimunder, or difference or dispute arising outof, the contract unless the claim, difference,or dispute has been referred to arbitrationor an award pursuant to arbitrationproceedings has been first obtained;

(c) providing that arbitration or an awardpursuant to arbitration proceedings is acondition precedent to any right of actionor suit upon a contract of insurance; or

(d) otherwise imposing by reference to arbitra-tion or to an award made in arbitrationproceedings any limitation on the right ofany person to bring or maintain any actionor suit upon a contract of insurance,

does not bind the hirer.

Hire-Purchase. 35

(3) An agreement made by the parties to acontract of insurance after a difference or disputehas arisen out of the contract of insurance to submitthat difference or dispute to arbitration has effectas if subsection (2) of this section had not beenenacted.

Applicationof Part V.23. (1) The provisions of sections twenty-one

and twenty-two of this Act apply only to or inrespect of a contract of insurance of goods (whetheror not the contract includes any other class ofinsurance) where the premium or other sum payablefor the cover given by the contract of insurance,or any part of that premium or sum, was includedas part of the total amount payable for the goodscomprised in a hire-purchase agreement.

(2) The provisions of this Part have effect not-withstanding anything contained in any other Act.

PART VA.—CONTROL OF HIRE-PURCHASECREDIT PROVIDERS.

Division 1.—Hire-Purchase Licensing Tribunal.

23A. (1) There shall be a Tribunal entitledthe Hire-Purchase Licensing Tribunal.

(2) The Tribunal shall be constituted solely bysuch District Court Judge, appointed under theDistrict Court of Western Australia Act, 1969, as isfrom time to time nominated to be the Tribunal bythe Chairman of Judges appointed under that Act.

Part VA.Added byNo. 107 of1973, s. 19.

Establish-ment of theTribunal.Added byNo. 107 of1973, s. 19.

=ta23B. No liability shall attach to a District Court TJudge for any act or omission by him, in good faith fmity.and in the exercise or purported exercise of the kid Mboyfpowers and functions of the Tribunal, or in the dis- 1973, s. 19'charge or purported discharge of the duties of theTribunal, under this Act.

23C. (1) The Tribunal shall give to any personwho is a party to proceedings instituted before theTribunal reasonable notice of the time and place atwhich it intends to hear those proceedings, and

Proceedingsbefore theTribunal.Added byNo. 107 of1973, s. 19.

36 Hire-Purchase.

shall afford any such person a reasonable opportun-ity to call or give evidence, to examine or cross-examine witnesses, and to make submissions to theTribunal.

(2) If a person to whom notice has been givenpursuant to subsection (1) of this section does notattend at the time and place fixed by the notice, theTribunal may hear the proceedings in his absence.

(3) The Tribunal may appoint a person with suchqualifications as it thinks fit to appear in proceed-ings before the Tribunal to assist the Tribunal.

(4) The Commissioner may appear in anyproceedings before the Tribunal.

(5) The Commissioner or any party to proceed-ings before the Tribunal shall be entitled to appearpersonally or by counsel.

(6) The Commissioner, or any party to proceed-ings before the Tribunal, may, by leave of the Tri-bunal, be represented before the Tribunal by aperson other than a certificated legal practitionerwithin the meaning of the Legal Practitioners Act,1893.

(7) A person, other than such a legal practi-tioner, shall not demand or receive any fee orreward for representing a party to proceedingsbefore the Tribunal.

Penalty: Five hundred dollars.

(8) Where the Tribunal is satisfied that for thepurpose of protecting the business or interest ofany person it is desirable that the proceedings orany part thereof be heard in camera, the Tribunalmay make an order to that effect and may includein the order conditions relating to that purpose,and, if such an order is made, the proceedings shallbe conducted in accordance with it.

Hire-Purchase. 37

2311 (1) In the exercise of its powers and =5functions under this Act, the Tribunal may— ;seer;;

(a) by summons signed on behalf of the rsT31,V.gTribunal by the Registrar, require theattendance before the Tribunal of anyperson;

(b) by summons signed on behalf of theTribunal by the Registrar, require theproduction of any books papers ordocuments;

(c) inspect any books, papers or documentsproduced before it, and retain them forsuch reasonable period as it thinks fit, andmake copies of any of them, or of any oftheir contents;

(d) require any person to make oath oraffirmation that he will truly answer allquestions put to him by the Tribunalrelating to any matter being inquired intoby the Tribunal (which oath or affirmationmay be administered by the Tribunal orany officer of the Tribunal); or

(e) require any person appearing beforethe Tribunal, including the personwhose conduct is subject to an inquiry,(whether he has been summoned to appearor not) to answer any relevant questionsput to him by the Tribunal, or by any otherperson appearing before the Tribunal.

(2) Subject to subsection (3) of this section, ifany person-

(a) who has been served with a summons toattend before the Tribunal fails withoutreasonable excuse (proof of which shall lieupon him) to attend in obedience to thesummons;

(b) who has been served with a summons toproduce any books, papers or documents,fails without reasonable excuse (proof ofwhich shall lie upon him) to comply withthe summons;

(c) misbehaves himself before the Tribunal,wilfully insults the Tribunal, or interruptsthe proceedings of the Tribunal; or

38 Hire-Purchase.

(d) refuses to be sworn or to affirm, or toanswer any relevant question, when re-quired to do so by the Tribunal,

he is guilty of an offence and liable to a penalty notexceeding two thousand dollars.

(3) A person shall not be obliged to answer aquestion put to him under this section if the answerto that question would tend to incriminate him, orto produce any books, papers or documents if theircontents would tend to incriminate him.

(4) In the course of any proceedings, the Tribunalmay

(a) receive in evidence any transcript ofevidence in proceedings before a court anddraw any conclusions of fact therefrom thatit considers proper; or

(b) adopt, as in its discretion it considers pro-per, any findings, decision, or judgment of acourt that may be relevant to theproceedings.

(5) In any proceedings the Tribunal shall actaccording to equity, good conscience and the sub-stantial merits of the case without regard to tech-nicalities and legal forms and, subject to subsection(6) of this section, it shall not be bound by the rulesof evidence, but may inform itself on any matter insuch manner as it thinks fit.

(6) The Tribunal shall be bound by the rules ofevidence in proceedings by way of an inquiry underDivision 3 of this Part.

orders forfines orcosts.Added byNo. 107 of1973, s. 19.Amended byNo. 5 of1974, s. 4.

23E. (1) The Tribunal may, upon the determina-tion of any proceedings, make such orders for costsas the Tribunal considers just and reasonable.

(2) Where the Tribunal makes an order for thepayment of a fine or costs against a person licensedunder this Act, and the fine or costs is not, or arenot, paid within the time fixed by the Tribunal, theTribunal may suspend the licence of that personuntil the fine or costs is or are paid, or for suchperiod as the Tribunal thinks fit.

Hire-Purchase. 39

(3) The power conferred on the Tribunal bysubsection (2) of this section is in addition to andnot in derogation of the powers conferred on theTribunal by section twenty-three S of this Act.

Reasons fordecision ofTribunal tobe given.Added byNo. 107 of1973, s. 19.

Case stated.Added byNo. 107 of1973, s. 19.

23F. The Tribunal may, and, on request by anyparty to the proceedings, shall, give to the partiesreasons for its decision.

230. (1) The Tribunal may state a case uponany question of law for the opinion of the SupremeCourt.

(2) Any such case stated by the Tribunal shall beheard and determined by the Full Court.

23H. (1) Any person aggrieved by a decision ororder of the Tribunal in proceedings to which theperson was a party shall, subject to this section,be entitled to appeal to the Supreme Court againstthe decision or order of the Tribunal.

(2) The appeal shall be instituted within onemonth of the making of the decision or orderappealed against, but the Supreme Court may, ifit is satisfied that it is just and reasonable in thecircumstances to do so, dispense with the require-ment that the appeal shall be so instituted.

(3) The Supreme Court may, on the hearing ofthe appeal, do one or more of the following.according to the nature of the case

(a) affirm, vary or quash the decision or orderappealed against, or substitute, and makein addition, any decision or order thatshould have been made in the firstinstance;

(b) remit the subject matter of the appeal tothe Tribunal for further hearing or con-sideration or for re-hearing;

(c) make any further or other order as to costsor any other matter that the case requires.

(4) Any such appeal shall be heard and deter-mined by the Full Court.

Appeal.Added byNo. 107 of1973, s. 19.

40 Hire-Purchase.

Operationof ordermay besuspended.Added byNo. 107 of1973, s. 19.

TheRegistrarand otherofficers.Added byNo. 107 of1973, s. 19.

23 I. (1) Where an order has been made by theTribunal, and the Tribunal, or the Supreme Court,is satisfied that an appeal against the order hasbeen instituted, it may suspend the operation ofthe order until the determination of the appeal.

(2) Where the Tribunal has suspended theoperation of an order under subsection (1) ofthis section, the Tribunal may terminate thesuspension, and where the Supreme Court hassuspended the operation of an order under subsec-tion (1) of this section, the Supreme Court mayterminate the suspension.

23J. (1) There shall be a Registrar of theTribunal and there shall be such other officers of theTribunal as is necessary for its proper functioning.

(2) The Registrar and other officers shall beappointed and shall hold office subject to and inaccordance with the Public Service Act, 1904.

(3) The Registrar and other officers of theTribunal may hold office as such in conjunctionwith any other office in the Public Service of theState.

Division 2.—Licensing of Hire-Purchase Credit Providers.

Obligationto belicensed.Added byNo. 107 of1973, s. 19.Amended byNo. 5 of1974, s. 5.

23K. (1) On and after the appointed day a per-son shall not carry on business as a hire-purchasecredit provider or hold himself out as carrying onbusiness as such a credit provider unless he is dulylicensed as such under this Act.

Penalty: Five thousand dollars.

(2) For the purposes of this section, a person actsas, or holds himself out as being, a credit providerwhether he does so personally or through the agencyor instrumentality of other persons.

(3) A credit provider who is required to belicensed under this Act shall not be entitled to re-cover or retain any terms charge by reason of becom-ing an owner at any time at which he is unlicensed.

Hire-Purchase. 41

(4) In this section "appointed day" means suchday as is fixed by the Minister by notice publishedin the Government Gazette to be the appointedday for the purposes of this section.

23L. (1) An application for a licence shall be Application.made to the Tribunal in writing and in the PrgdAboiprescribed manner and form and shall contain the 1973' S. 19.

prescribed information.

(2) Notice of the application shall be advertisedin accordance with the regulations.

(3) The information contained in the applica-tion shall be verified by statutory declaration madeby the applicant or, where the applicant is a corpor-ation, by an officer of the corporation.

(4) The applicant shall furnish the Tribunal withsuch further information, verified, if the Tribunal sorequires, by statutory declaration, as the Tribunalmay require.

23M. (1) Subject to this Act, a person (not Emnetillit, bebeing a body corporate) is entitled to be licensed as g re: nn te eed. a

a credit provider if he has proved to the satisfaction Added byNo. 1 07 ofof the Tribunal that— 1973, s. 9.

(a) he is over the age of eighteen years;

(b) he is a fit and proper person to hold alicence; and

(c) he has sufficient financial resources to carryon business in a proper manner under thelicence.

(2) Subject to this Act, a body corporate is en-titled to be licensed as a credit provider if it hasproved to the satisfaction of the Tribunal that

(a) the officers of the body corporate, andany other person who is, in the opinion ofthe Tribunal, in a position to control orinfluence substantially the affairs of thebody corporate, are fit and proper persons

42 Hire-Purchase.

to manage, direct or control the affairs ofa body corporate holding a licence underthis Act; and

(b) the body corporate has sufficient financialresources to carry on business in a propermanner under the licence.

(3) Where an applicant duly applies for a licence,and pays the prescribed fee and the applicant isentitled to be licensed in accordance with thissection, the Tribunal shall grant a licence to theapplicant.

Renewal oflicence.Added byNo. 107 of1973, S. 19.Amended byNo. 5 of1974, s. 6.

23N. (1) A licence shall, subject to this Act,remain in force until the thirtieth day of June nextensuing after the grant of the licence, and may fromtime to time be renewed for successive periods oftwelve months expiring on the thirtieth day ofJune, but where, in respect of a new licence, thenext ensuing thirtieth day of June is less thansix months after the grant of the licence, theTribunal may, if it thinks fit, grant the licencefor a period expiring twelve months later thanthat day.

(2) An application for the renewal of a licenceshall be made in the prescribed form and shall beaccompanied by such statutory declarations andother documents as may be prescribed or as theTribunal may require.

(3) The application shall be delivered to theRegistrar not earlier than the first day of April, andnot later than the last day of May preceding theexpiry of the licence, but the Tribunal may, if itthinks fit, determine an application notwithstandingthat it is delivered out of time.

(4) Where the holder of a licence duly applies forthe renewal of a licence, and pays the prescribedfee, the licence shall be renewed for a term of twelvemonths in accordance with this section if theTribunal is satisfied that the holder still meets therequirements of paragraphs (b) and (c) of sub-section (1) of section twenty-three M of this Act orof paragraphs (a) and (b) of subsection (2) of thatsection, as the case requires.

Hire-Purchase. 43

230. The holder of a licence may at any time, gffceennciceer

with the consent of the Tribunal, surrender his Added by.licence, and the licence shall thereupon cease to 1%1,067.11have any effect.

23P. A licence is not transferable.

Division 3.—Powers of Investigationand Inquiry.

Licence nottransfer-able.Added byNo. 107 of1973, s. 19.

issiCoonme.23Q. The Commissioner may, of his own a:ILmotion, and shall at the direction of the Tribunal, ireesrt7goaf_

make any investigation that he, or the Tribunal, Lion.considersnecessary or expedient for the purpose of

Irod107bif

determining any application, or any other matter 1973 ' s. 19.

before the Tribunal.

23R. (1) The Commissioner of Police shall, at r;;;Nr-the request of the Commissioner, cause his officers the mCo-

Ri3siscieon er ofto make an investigation and report relating to any

Added bymatter being investigated by the Commissioner. No. 107 of1973, s. 19.

(2) The report shall be forwarded to the Com-missioner.

23S. (1) The Tribunal may, upon the applica-tion of the Commissioner or any other person, or ofits own motion, inquire into the conduct of anyperson licensed under this Act.

(2) If, after conducting an inquiry under sub-section (1) of this section, the Tribunal is satisfiedthat proper cause exists for disciplinary action, theTribunal may do any one or more of the following

(a) reprimand the person in relation to whomthe inquiry was held;

(b) impose a fine not exceeding ten thousanddollars on that person; and

(c) suspend or cancel the licence and, in addi-tion, disqualify the person who held thelicence either temporarily or permanently,or until the fulfilment of any conditionwhich may be imposed by the Tribunal, oruntil the further order of the Tribunal,from holding a licence under this Act.

Inquiries.Added byNo. 107 of1973, B. 19.

44 Hire-Purchase.

(3) There shall be proper cause for disciplinaryaction if

(a) the licence was improperly obtained;

(b) the credit provider, or any person actingwith the authority or upon the instruc-tions, of the credit provider has, in thecourse of any dealings with a hirer orguarantor or a prospective hirer orguarantor, been guilty of conduct thatconstitutes a breach of any law and thatprejudices or may prejudice any rights orinterests of the hirer or guarantor or theprospective hirer or guarantor;

(c) the credit provider has insufficient finan-cial resources properly to carry on businessas a credit provider; or

(d) any other cause exists that, in the opinionof the Tribunal, renders the credit pro-vider unfit to hold a licence.

Authorisedaddress.Added byNo. 107 of1973, s. 19.

Division 4.—Conduct of Business of Hire-PurchaseCredit Providers.

23T. (1) A licence shall specify an addresswithin the State which shall be the registeredaddress of the licensed credit provider for the pur-poses of this Act.

(2) The Tribunal may, at any time, on theapplication of a licensed credit provider alter hisregistered address.

(3) A licensed credit provider shall at least sevendays before he commences to carry on business atany address (other than his registered address)send to the Registrar a notice in writing informinghim that he proposes to carry on business at thataddress.

Penalty: Five hundred dollars.

(4) A licensed credit provider shall, not more thanseven days after he ceases to carry on business atany address (other than his registered address), givenotice in writing to the Registrar of the fact that hehas ceased to carry on business at that address.

Penalty: Five hundred dollars.

Hire-Purchase. 45

(5) The registered address of a credit provider andany other address of which the credit provider hasgiven notice under this section (not being an addressin relation to which the credit provider has given anotice of cessation of business under subsection (4)of this section) is an authorised address for thepurposes of this Act.

(6) A credit provider shall not invite the public todeal with him other than at such an authorisedaddress.

Penalty: Five hundred dollars.

23U. A licensed credit provider shall not carry on NylVanbusiness as a credit provider otherwise than in the licensedname in which he is licensed. provider is

to carry onPenalty: Five hundred dollars. business.

No.No. of1973,1973,

S. 19.

23V. (1) Where a body corporate holds a licence— =ration

(a) the business of the body corporate con- =id=an::ducted in pursuance of that licence in this

State shall be managed under the personal gaits.

bo19.,197_supervision of a natural person, approved 42

by the Tribunal; and(b) if the body corporate has more than one

authorised address for the purposes of thisAct, the Tribunal, if it considers the circum-stances warrant it, may require that suchbusiness at all or any of those addressesshall be respectively managed under thepersonal supervision of such naturalpersons as are approved by the Tribunal.

(2) Where the business of a body corporate is notmanaged as required by subsection (1) of this sec-tion, the body corporate shall, within twenty-onedays, or such longer period as may be allowed bythe Tribunal, appoint a manager or, if so required bythe Tribunal, managers approved by the Tribunal,to have the personal supervision of the business ofthe body corporate conducted in pursuance of thelicence.

(3) A body corporate shall be deemed to be un-licensed for the duration of any period for whichthe body corporate is in default under the provisionsof subsection (2) of this section.

46 Hire-Purchase.

Power tocourt tore-opencertain hire-purchasetransactions.Amended byNo. 107 of1973, 5.20.

PART VI.—MISCELLANEOUS.

24. (1) In any proceedings under this Act orarising out of a hire-purchase agreement orinstituted pursuant to subsection (4) of this sectionwhere it appears to the court that the transactionis harsh and unconscionable (by reason of a provi-sion for terms charges or other charges that are,in the circumstances of the case, excessive or byreason of any other provision of whatever kind) or isotherwise such that the Supreme Court in its equit-able jurisdiction would give relief the court mayre-open the transaction and take an account betweenthe parties thereto.

(2) The court by which a transaction is re-openedunder this section may, notwithstanding any state-ment or settlement of accounts or any agreementpurporting to close previous dealings and create anew obligation

(a) re-open any account already taken betweenthe parties;

(b) relieve the hirer and any guarantor frompayment of any sum in excess of such sumin respect of the cash price, terms charges,and other charges as the court adjudges tobe fairly and reasonably payable;

(c) set aside either wholly or in part or reviseor alter any agreement made or securitygiven in connection with the transaction;

(d) give judgment for any party for suchamount as, having regard to the relief (ifany) which the court thinks fit to grant,is justly due to that party under theagreement; and

(e) if it thinks fit give judgment against anyparty for delivery of the goods if they arein his possession.

(3) Where it appears to the court by which atransaction is re-opened under this section that anyperson other than the owner has shared in theprofits of or has any beneficial interest prospectivelyor otherwise in the transaction which the courtholds to be harsh and unconscionable the court may

Hire-Purchase. 47

add that person as a party to the proceedings andmay give judgment against that person for suchamount as it thinks fit or for delivery of the goodsif they are in his possession and the court may makesuch other order in respect of that person as itthinks fit.

(4) Proceedings may be instituted in a LocalCourt, or The District Court of Western Australiaestablished under the District Court of WesternAustralia Act, 1969, irrespective of any limit whichwould otherwise apply to the jurisdiction of either ofthose courts, by the hirer or any guarantor under ahire-purchase agreement for the purpose ofobtaining relief under this section.

(5) In any proceedings under this section thecourt has and may exercise all or any of the powersconferred by subsections (1), (2) and (3) of thissection notwithstanding that the time for thepayment of any of the amounts payable under theagreement may not have arrived.

(6) A hirer or guarantor under a hire-purchaseagreement is not entitled to institute proceedingsunder this section

(a) where the owner has taken possession ofthe goods comprised in the agreement—after the expiration of a period of fourmonths from the time when the ownerserves on the hirer the notice required bysubsection (3) of section thirteen of thisAct to be served on him; or

(b) in any other case—after the expiration ofa period of four months from the time whenthe transaction is closed.

25. (1) Where— Power ofcourt to

(a) goods consisting of a harvester, binder, rreestprottlessi on

tractor, plough or other agricultural imple- (3gfouurts sionmment or a motor truck, motor cycle, motor re:utility truck are comprised in a hire- Nmo.e1nOtforif bypurchase agreement; and 1973, s. 21.

(b) the hirer is a farmer,

48 Hire-Purchase.

Liens.

the period fixed by any notice of intention to takepossession of the goods served under subsection (1)of section thirteen of this Act shall, notwithstandingthe period .specified in that subsection, be a periodof not less than thirty days after the service of thenotice.

(2) The farmer may, within the period fixed bythe notice, apply to a Local Court for an orderrestraining the owner from taking possession of thegoods.

(3) If the court is satisfied that, within twelvemonths from the date of the application, the farmerwill have a reasonable prospect of being able to payall instalments due and owing on that date, thecourt may make an order restraining the owner fromtaking possession of the goods for such period notexceeding twelve months as the court fixes.

(4) An order under subsection (3) of this sectionmay include such terms and conditions, includingconditions as to payment of instalments, as the courtthinks fit.

(5) In this section, "farmer" means any personprincipally engaged in agriculture, pasturage,horticulture, viticulture, apiculture, poultry farm-ing, dairy farming, or any other business consistingof the cultivation of soil, the gathering in of cropsor the rearing of livestock.

26. (1) Subject to subsection (2) of this section,where a worker does work upon goods comprised ina hire-purchase agreement in such circumstancesthat, if the goods were the property of the hirer,the worker would be entitled to a lien on the goodsfor the value of his work, he is entitled to a liennotwithstanding that the goods are not the propertyof the hirer.

(2) The lien is not enforceable against the ownerif the hire-purchase agreement contains a provisionprohibiting the creation of a lien by the hirer andthe worker had notice of that provision before doingthe work upon the goods.

Hire-Purchase. 49

27. (1) Goods comprised in a hire-purchase FixtM"•

agreement which, at the time of the making of theagreement, were not fixtures to land shall not, inrespect of the period during which the agreementremains in force, be treated as fixtures to land.

(2) Notwithstanding anything contained insubsection (1) of this section, the owner is notentitled to re-possess goods which have been affixedto a dwelling-house if, after the goods have becomeso affixed, any person other than the hirer has bonafide acquired for valuable consideration an interestin the land without notice of the rights of the ownerof the goods.

28. (1) Any provision in any agreement or other 0A;Teltongdocument whereby— .provisions

(a) any right conferred on the hirer by thisAct to determine a hire-purchase agree-ment is excluded or restricted;

(b) a liability beyond the liability imposed bythis Act is imposed on the hirer under ahire-purchase agreement by reason of thedetermination of the hire-purchase agree-ment in accordance with this Act;

(c) the hirer under a hire-purchase agreementis subject to any greater liability on thedetermination, in any manner, of the hire-purchase agreement or of the bailmentthereunder, than the liability to which hewould be subject if the hire-purchaseagreement were determined in accordancewith this Act;

(d) the hirer under a hire-purchase agreementis required to pay any sum (whether or notit is described in the agreement as interest)in respect of any amount due under thehire-purchase agreement but not paidexceeding a sum equal to the simple interest

50 Hire-Purchase.

on that amount calculated at the rate ofeight per centum per annum on a dailybasis for the period for which it is due andnot paid;

(e) any person acting on behalf of the ownerunder a hire-purchase agreement in con-nection with or in the course of the negotia-tions leading to the entering into the hire-purchase agreement is to be treated as, ordeclared to be, the agent of the hirer;

(f) the owner under a hire-purchase agreementis relieved from liability for the acts ordefaults of any person acting in connectionwith or in the course of the negotiationsleading to the entering into the hire-purchase agreement;

(g) the owner under a hire-purchase agree-ment or any person acting on his behalf isauthorised to enter upon any premises forthe purpose of taking possession of goodscomprised in the hire-purchase agreementor is relieved from liability for any suchentry;

(h) the operation of a hire-purchase agreementis determined or modified or any person isauthorised to repossess any goods comprisedin a hire-purchase agreement if the hirerbecomes bankrupt or commits an act ofbankruptcy or executes a deed of assign-ment or a deed of arrangement (whetherall or any of these events are named); or

(i) except as expressly provided by this Act theoperation of any provision of this Act isexcluded, modified, or restricted,

is void.

(2) Where any agreement or other documentcontains a provision that is void under subsection(1) of this section, the owner under the relevanthire-purchase agreement concerned commits anoffence against this Act.

Hire-Purchase. 51

29. (1) If in connection with any goods any izIrgeonntsperson (in this section called the "dealer") arranges of,,desrtythat some other person (in this section called the financiers.

"financier") shall

(a) enter into a hire-purchase agreement inrelation to those goods with a hirer;

(b) accept any assignment of the dealer'sproperty in the goods comprised in a hire-purchase agreement, or of the dealer'srights under a hire-purchase agreement inrespect of those goods; or

(c) advance or pay money to the dealer or tosome person on his behalf in respect of ahire-purchase agreement in relation tothose goods,

the dealer shall not seek, accept, demand, or receivefrom the financier and the financier shall not pay,offer, or grant to the dealer, directly or indirectly,any money or other valuable consideration that,together with the money (if any) paid or payableby or on behalf of the hirer to the dealer and thevalue of any other consideration (if any) furnishedor to be furnished by or on behalf of the hirer tothe dealer would exceed the cash price of the goods.

(2) Notwithstanding anything in subsection (1)of this section

(a) where the dealer has entered into a contractguaranteeing the performance of the hire-purchase agreement by the hirer, acommission not exceeding one-tenth of thetotal terms charges payable under the hire-purchase agreement may be paid by thefinancier to the dealer; and

(b) where the dealer has agreed with the hirerto maintain or to provide any service forthe goods during the currency of the hire-purchase agreement any amount payableunder the agreement in respect of themaintenance or service may be paid by thefinancier to the dealer.

52 Hire-Purchase.

Certaintransactionsprohibited.

30. Any person (in this section called the"owner") who knowingly

(a) enters into an agreement for the bailmentof goods to any person (in this sectioncalled the "hirer") which agreement doesnot by itself constitute a hire-purchaseagreement; or

(b) takes from any person (in this sectioncalled the "hirer") an offer in writing that,if accepted, will constitute an agreementfor the bailment of goods but will not byitself constitute a hire-purchase agree-ment,

in association, directly or indirectly, with themaking, by the hirer to the owner or to any personassociated, directly or indirectly, in business withthe owner, of an offer in writing to purchase thegoods the subject of the agreement referred to inparagraph (a) or of the offer referred to in para-graph (b), of this section on terms and conditionsthat, if the offer in writing to purchase the goodsis accepted, will constitute a hire-purchase agree-ment, commits an offence against this Act.

As tosecuritiescollateralto hire-purchaseagreements.

31. Where

(a) a bill of exchange or promissory note hasbeen given by a hirer or guarantor undera hire-purchase agreement to the owner inrespect of an amount payable under theagreement; and

(b) the payment in due course of the bill ofexchange or promissory note would byvirtue of the operation of any provision ofthis Act or otherwise result in payment ofan amount in excess of the liability of thehirer under the agreement,

the owner is liable to indemnify the hirer orguarantor, as the case may be, in respect of theamount of the excess.

Hire-Purchase. 53

32. A dealer or his agent or employee who s.aal.eementsprepares or causes to be prepared any hire- tar pdreoapleorseal

purchase agreement or offer in writing which, No byif accepted, will constitute a hire-purchase .219?7_, 6.22•

agreement with the intention of bringing about acontractual relationship between an owner and ahirer and which agreement or offer contains to theknowledge of the dealer, his agent, or his employee,as the case may be, any false statement or represen-tation that is false in any material particular com-mits an offence against this Act and is liable to apenalty of one thousand dollars or to imprisonmentfor a term of three months.

33. The owner of any goods comprised in a tretigdhire-purchase agreement may at any time by notice toti:ein writing served on the hirer thereof require him goods are.

to state in writing where the goods are, or, if thegoods are not in his possession, to whom he deliveredthe goods or the circumstances in which he lostpossession of them and any hirer who does notwithin fourteen days after the receipt of the noticegive to the owner the statement or who gives astatement containing any information which is tothe knowledge of the hirer false, commits an offenceagainst this Act.

34. A person who, by the disposal or sale of anygoods comprised in a hire-purchase agreement, orby the removal of the goods, or by any other meansdefrauds or attempts to defraud the owner, commitsan offence against this Act and is liable to a penaltyof four hundred dollars or to imprisonment for aperiod of three months.

35. Any time prescribed by this Act for theservice or giving of any notice or other documentor for the commencement of proceedings may, onan application made to a Local Court or the courtin which the proceedings are proposed to be insti-tuted (either before or after the expiration of thattime but after notice to the other party to the hire-purchase agreement) be extended by that court forsuch further period, and upon such conditions, asthe court thinks fit.

Fraudulentsale ordisposal ofgoodsby hirer.Amended byNo. 113 of1965, s. 8.

Power tocourt toextendtimes.Amended byNo. 107 of1973, s. 23.

54 Hire-Purchase.

Power tocourt toorderdelivery ofgoodsunlawfullydetained.Amended byNo. 107 of1973, s. 24.

Reliefagainst con-sequences ofbreach.Added byNo. 107 of1973, s. 25.

36. (1) Upon application made to a Local Courtby an owner who is entitled to take possession of anygoods comprised in a hire-purchase agreement or byany person acting on behalf of an owner, it is claimedthat the hirer or any person acting on behalf of thehirer has refused or failed to deliver up possessionof the goods on the service of a notice of demandmade by the owner or by an agent of the ownerauthorised in that behalf, if it appears to the courthearing the case that the goods are being detainedwithout just cause, the court may order the goods tobe delivered up to the owner at or before a time, andat a place, to be specified in the order.

(2) A person who fails or refuses to comply withan order made under this section commits anoffence against this Act.

36A. (1) Where by reason of sickness or unemploy-ment of a hirer that was not reasonably forseeableby him at the time of entering into a hire-purchaseagreement, the hirer is temporarily unable to dis-charge his obligations under the agreement he mayby an application in writing to the Commissioner,a copy whereof is served on the owner and everyguarantor, claim relief against the consequences ofbreach of the agreement.

(2) On an application to the Commissioner underthis section, the Commissioner, after consideringany submissions made by or on behalf of

(a) the hirer;(b) the owner; and(c) guarantors,

may grant the relief claimed upon such terms andconditions as will, in the opinion of the Commis-sioner, do justice between the parties to the agree-ment and the parties to any contract of guaranteerelating to the agreement.

(3) In granting relief under this section the Com-missioner

(a) may extend the time for payment of anyinstalment or other amount under the

Hire-Purchase. 55

agreement for a period of three monthsfrom the date of granting the relief or, inexceptional circumstances, for a period ofsix months from that date; and

(b) where the hirer has committed any breachof the agreement may re-instate him in theagreement subject to the terms and condi-tions upon which the relief is granted butotherwise in all respects as if no breach hadoccurred.

(4) A grant or refusal of relief by the Commis-sioner under this section shall be by instrument inwriting signed by him and served on the hirer, theowner, and every guarantor.

(5) Subject to any order of a Local Court underthis section, a decision of the Commissioner underthis section has effect according to its terms and,where relief is granted thereby, the hire-purchaseagreement and any contract of guarantee relatingto it are by virtue of this section varied to the extentnecessary and as so varied are binding on the partiesthereto.

(6) An owner, hirer, or guarantor, who is a partyto a hire-purchase agreement, or a contract ofguarantee relating to it, in respect of which a deci-sion has been given by the Commissioner under thissection and who is aggrieved thereby, may, withinthe period of seven days from the date of service onhim of the decision, apply to a Local Court for thedecision to be varied or set aside.

(7) On an application to a Local Court under thissection the court may by order confirm, vary, or setaside the decision of the Commissioner.

(8) There is no appeal against an order of a LocalCourt made under this section, and the order haseffect according to its terms and, where relief isgranted thereby, the hire-purchase agreement andany contract of guarantee relating to it are by virtueof this section varied to the extent necessary and asso varied are binding on the parties thereto.

56 Hire-Purchase.

Advertise-ments.Added byNo. 107 of1973, S. 25.

Applicationof certainprovisionsof theConsumerProtectionAct 1971.Added byNo. 107 of1973, s. 25.

As to serviceof notices.

36B. (1) In this section "advertisement" meansany words, whether written, printed, or spoken, orany picture, drawing, or figure.

(2) Any advertisement to the effect that a creditprovider is such, or is willing to become such, in res-pect of specific goods shall include the percentagerate of terms charges in relation thereto calculatedin accordance with the formula provided in theFifth Schedule.

(3) Where an advertisement contravenes subsec-tion (2) of this section, the credit provider is, subjectto subsection (4) of this section guilty of an offenceand liable to a penalty not exceeding five hundreddollars.

(4) It is a defence to a charge of an offence undersubsection (3) of this section to prove that the ad-vertisement was not authorised by the creditprovider.

36C. Without limiting any of the provisions ofsections nineteen to twenty-five, both inclusive, ofthe Consumer Protection Act, 1971, those sectionsapply, with such modifications as are necessary, toand in relation to the exercise of the functions, pow-ers, and duties of the Commissioner under this Actand persons and matters affected thereby as if thosesections made express provision to that effect. .

37. (1) Any notice or document required orauthorised to be served on or given or sent to anowner or hirer under this Act may be so served orgiven or sent

(a) by delivering it to him personally;

(b) by leaving it at his place of abode or busi-ness with some other person apparentlyan inmate thereof or employed thereat andapparently of or over the age of sixteenyears; or

(c) by posting it addressed to him at his lastknown place of abode or business.

Hire-Purchase. 57

(2) The affidavit or oral evidence of an owner or Zit':his servant or agent as to the delivery or posting ofany notice or document required to be served by thisAct is admissible as prima facie evidence of thedue service of the notice or document if the deponentswears to the facts necessary to prove due serviceeither from his own knowledge or to his informationand belief based on and verified by the records ofthe owner.

38. (1) Any prescribed document or part thereof =eettcd:,"that required in

certain

(a) is in handwriting that is not clear and dfloracendeendtsb.yNo. 107 oflegible; or 1973, s. 26.

(b) is printed in type of a size smaller than ten-point or of a face that is not approved bythe Commissioner,

shall, for the purposes of this Act, be deemed notto be in writing.

(2) In this section, "prescribed document"means

(a) any hire-purchase agreement;

(b) any statement under subsection (1) ofsection three of this Act;

(c) any copy of an agreement, notice, or state-ment required by section four of this Actto be served on a hirer;

(d) any statement required by subsection (1)of section seven of this Act to be sent to ahirer;

(e) any notice under subsection (1) or sub-section (3) of section thirteen of this Act;and

(f) any document, notice, or statement or copythereof required by subsection (1) of sectionseven or by section eighteen of this Act tobe given to, served on, or sent to aguarantor.

58 Hire-Purchase.

Penalty.Amended byNo. 107 of1973, s. 27.

Time forcommence-ment ofprosecution.

39. (1) A person who contravenes or fails tocomply with any provision of this Act commits anoffence against this Act.

(2) A person who commits an offence against thisAct for which no other penalty is expressly providedin this Act, is liable to a penalty of one thousanddollars.

40. A prosecution for an offence against this Actmay be commenced at any time within twelvemonths after the commission of the offence.

Regulations. 40A. (1) The Governor may make such regula-Added byNo. 107 of tions as are contemplated by this Act or as he1Am973, s.28.

ended by considers necessary or expedient for the purposes ofNo. 5 o f1974, S. 7. this Act.

(2) Without limiting the generality of subsection(1) of this section, those regulations may

(a) prescribe the procedure of the Tribunal;

(b) provide for the enforcement of judgmentsand orders of the Tribunal;

(c) prescribe the manner in which applicationsfor licences are to be made under this Act;

(d) provide for the advertising of notices ofapplications for licences;

(e) prescribe, and provide for the recovery of,any fee for the purposes of this Act;

(f) prescribe a scale of costs for proceedingsbefore the Tribunal;

(g) provide for the keeping of a register oflicensed credit providers by the Registrar;and

(h) prescribe the matters to which theCommissioner shall have regard in con-sidering applications for relief undersection thirty-six A of this Act andexercising his powers thereunder.

Hire-Purchase. 59

(3) In respect of the grant or renewal of alicence, the regulations

(a) may fix maximum and minimum fees;

(b) subject to any such maximum and mini-mum fees, may provide that

(i) the fee shall be fixed by referenceto the total of the amounts financedby the applicant under hire-purchase agreements, or the totalnumber of hire-purchase agreementsunder which the applicant financedamounts, in a period prior to thegrant or renewal; or

(ii) where the applicant was not acredit provider during that periodor part of it, or does not produceinformation or produces insufficientinformation on his hire-purchaseagreements in that period, theTribunal shall fix the fee in suchamount as it thinks proper andreasonable in the circumstances,and the amount so fixed shall befinal and conclusive; and

(c) may fix fees, additional to those referredto in paragraphs (a) and (b), for author-ised addresses of the credit provider otherthan the registered address.

FirstSchedule—First Part.Substitutedby No. 107 of1973, s. 29.

S. 3 (1)

S

CASH PRICE

Less Deposit(a) Money(b) Other—

Trade inallowance

RESIDUE

Add : Maintenance....

Freight

Vehicle Regis-tration Fees

Insurance

Agreement Reg-istration Fees

AMOUNTFINANCED

Add : Terms Charges(Percentage Rate)

Balance OriginallyPayable Under theAgreement

Add Deposit Above

TOTAL AMOUNTPAYABLE ...(Including Deposit)

60 Hire-Purchase.

FIRST SCHEDULE—First Part.

Hire Purchase Act, 1959.

SIDUdARY OF PROPOSED HIRE-PURCHASEAGREEMENT BETWEEN:

Proposed Hirer • Full Name and Address

Age : (If under IS years of age)..

Owner Name and Address

Dealer •Name and Address

Guarantor -(If applicable) Name and Address

Short Description ofGoods-

New/Secondhand

Year Model

Colour

INSTALMENTS

(Insert here clearly thecommencing date, fre-quency, and duration ofinstalment payments)

To (Person and Address)

Being....Payments of

....Payments of

....Final

Payment of

FOR ATTENTION OF PROPOSED HIRER:THE HIRER IS REMINDED THAT TERMSCHARGES MAY DIFFER FROM ONE HIRE-PUR-CHASE CREDIT PROVIDER TO ANOTHER AND

Hire-Purchase. 61

IT WILL BE IN HIS BEST INTERESTS TO MAKEENQUIRIES TO SATISFY HIMSELF THAT HE ISRECEIVING THE BEST DEAL IN TERMSCHARGES.

FOR ATTENTION OF GUARANTOR (If applicable) :THIS SUIVMARY IS SENT TO YOU AS PROS-PECTIVE GUARANTOR OF AS A GUARANTOR YOU WOULD HAVE CERTAINRIGHTS UNDER THE HIRE-PURCHASE ACT 1959—IN PARTICULAR SEE SECTIONS 4, 7, 13, 14, 18,19, 24, 31, 36A. ;

REBATE ON TERMS CHARGES(there shall be inserted under this heading, inthe same type as the clause above "FOR ATTEN-TION OF PROPOSED HIRER", such explanationof the hirer's right to statutory rebate as isprescribed).

FIRST SCHEDULE—Second Part.Chairs, tables, desks and bureaux, kitchenettes, cup-

boards, beds, divans, lounges or settees, dressing tables,wardrobes, lowboys, lamp stands and lamp shades, hallstands, bookcases, mattresses, pillows and pillow cases,cushions, quilts and bedspreads, blankets, sheets, tablecloths, curtains and curtain materials, pictures and pictureframes, floor coverings, door mats, window treatments, blindsand awnings—interior and exterior, wall mirrors, vases,cooking utensils, cutlery, sewing machines, bassinets,perambulators, chests, smokers' stands, glassware andtraymobiles but not any of the foregoing which are poweredor heated by electricity.

SECOND SCHEDULE.

Hire-Purchase Act, 1959.ADVICE TO HIRERS.

Under the provisions of the Hire-Purchase Act, 1959-

(a) you and each of your guarantors (if any) areentitled to a copy of the agreement and astatement of the amount that you owe if youmake a written request to the owner for them;each of you may not request a copy or a state-ment more than once in three months;

(b) each of your guarantors (if any) is entitled toa copy of the contract of guarantee if he makesa written request to the owner for it; he maynot request a copy more than once in threemonths;

S. 4.S. 18.

secondschedule.Substitutedby No. 107 of1973, 5. 29.

62 Hire-Purchase.

(c) with the written consent of the owner you canassign your rights under the hire-purchaseagreement and he may not unreasonably refusehis consent; for details of the procedure ofassignment see Hire-Purchase Act, 1959, section9;

(d) you have the right to complete the agreementat any time and if you do you will be entitledto a rebate of some of the charges payableunder the agreement; for details see Hire-Purchase Act, 1959, section 11 and see also theregulations made under that Act;

(e) if you are unable to pay your instalments youare entitled to return the goods to the ownerat your own expense in accordance with section12 of the Hire-Purchase Act, 1959, and if youdo you will have like rights to a person whosegoods have been repossessed by the owner underDivision 5 of Part III of the Hire-Purchase Act,1959—for details see sections 12, 13, 14, 15, 16,and 17 of that Act.

Note—Where this advice is sent to a guarantor it shallbe endorsed as follows

This advice is sent to you as guarantor of

As a guarantor you have certain rights under theHire-Purchase Act, 1959—in particular see sections7, 13, 14, 18, 19, 24, 31 and 36A.

ThirdScheduleSubstitutedby No. 107 of1973, s. 29.

S.13 (1) THIRD SCHEDULEHire-Purchase Act, 1959.

NOTICE OF INTENTION TO REPOSSESS.

TAKE NOTICE that , theowner of* hired by under an agreement(insert name of hirer)dated the day of 19 , intends to retake possession of the goods afterthe expiration oft days from the serviceof this notice on the hirer and every one of his guarantors(if any) unless the arrears of instalments which now amountto $ are paid to at on or before 19

Total amount payable ....Amount paid or provided by hirer to / /19 $

Arrears under agreement to / /19 $ *Insert description of goods.t Insert number of days, not being less than seven, or, where the hirer 1s a

farmer and s. 25 of the Act applies not being less than thirty,

Hire-Purchase. 63

FOURTH SCHEDULE. Ss. 11(3),13 (3), 14.

Hire-Purchase Act, 1959. Fours (6).hSchedule.

ADVICE TO HIRERS. Amended byNo. s./973, s. 29.

Now that the goods you hired have been repossessedyou will be entitled to get them back

(a) if, within twenty-one days, you require theowner, by notice in writing signed by you oryour agent, to redeliver the goods to you andif, within fourteen days after giving the notice,you reinstate the agreement by paying thearrears and remedy the following breaches ofthe agreement (or pay the owner's expenses inremedying them):

The owner's estimate of the amount youmust pay to reinstate the agreement is

Arrears of instalments .... $

Cost of storage, repair ormaintenance

Cost of repossession $

Cost of redelivery

Total

—Or —

(b) if, within twenty-one days, you give notice ofyour intention to finalise the agreement andpay the balance due under the agreement andcosts of the repossession:

The owner's estimate of the amount requiredto finalise the agreement is

Total amount payable underthe agreement .

Less deposit and instal-ments paid ....

Balance due under agree-ment....

Less statutory rebates

Add costs of repossession

Storage, repair or mainten-ance

Total

64 Hire-Purchase.

If you don't reinstate or finalise the agreement you willbe liable for the owner's loss unless the value of the goodsrepossessed is sufficient to cover your liability. If the valueof the goods is more than sufficient to cover your liabilityyou will be entitled to a refund.

The owner's estimate of the value of the goodsrepossessed is $

On the basis of that estimate you are-

*entitled to a refund of $

liable to pay the owner $

Note.—You may give a written notice to the ownerrequiring the owner to sell the goods to any cash buyeryou can introduce who is willing to pay the owner's estimateof the value, i.e., t

* Strike out whichever inapplicable.

t Insert owner's estimate of value.

DO NOT DELAY.

Action to enforce your rights should be taken at once.You will lose your rights twenty-one days after the serviceon, or posting of this notice, to you and every one of yourguarantors (if any) if you do not take action.

If you think you have any rights under the Hire-Purchase Act, 1959, you should seek advice at once.

Note.—Where this notice is sent to a guarantor it shallbe endorsed as follows

This notice is sent to you as guarantor of

As guarantor you have certain rights under theHire-Purchase Act, 1959, and you should seek adviceat once.

Hire-Purchase. 65

FifthSchedule.Added byNo. 107 of1973, s. 29.

FIFTH SCHEDULE.

Hire-Purchase Act, 1959.

FORMULA FOR CALCULATING PERCENTAGE RATE OFTERMS CHARGES.

(1) The rate at which the terms charges accrues uponthe principal is that nominal annual percentage rate(correct to within one-half of one per cent) which, whenapplied to the unpaid balances of the principal calculatedaccording to the actuarial method will yield a sum equal tothe total amount of the terms charges.

(2) (a) In lieu of applying the actuarial method above,where repayment of the principal and terms charges is tobe made by equal regular periodic payments, the first ofwhich is to fall due at the end of the first period, then thenominal annual percentage rate referred to in paragraph (1)hereof may be calculated in accordance with the followingformulae:—

(i) to calculate the flat rate of interest per cent:

100c t

n X P

(ii) to convert the fiat rate of interest per cent intothe nominal annual percentage rate:

2nF (300c H-- nF)R =

2n2F H- 300c (n 1)

where (in each case)"F" = the flat rate of interest per cent"c" = the number of payments per annum"t" = the total amount of the terms

charges"n" = the number of payments"P" = the amount financed"R" = the nominal annual percentage rate

(b) For the purpose of applying the above formulae, allpayments shall be deemed to be equal if the variancebetween any one payment only and all other payments doesnot exceed 5%.

(3) The disclosure of a percentage rate which is greaterthan the percentage rate required to be disclosed by eitherof the above methods shall be a sufficient disclosure.

By Authority: WILLIAM C. BROWN, Government Printer