{"id":"a-1954-15","name":"Sale of Goods Act 1954","slug":"sale-of-goods-act-1954","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"15 of 1954","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":24326,"registerId":"act-a-1954-15-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Sale of Goods Act 1954","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nSale of Goods Act 1954\nA1954-15\nRepublication No 5\nEffective: 26 November 2025\nRepublication date: 26 November 2025\nLast amendment made by A2025-29\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Sale of Goods Act 1954 (including any amendment made under the\nLegislation Act 2001, part 11.3 (Editorial changes)) as in force on 26 November 2025. It also\nincludes any commencement, amendment, repeal or expiry affecting this republished law to\n26 November 2025.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication includes amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the\nsymbol M appears immediately before the provision heading. The text of the modifying\nprovision appears in the endnotes. For the legal status of modifications, see the Legislation\nAct 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\nR5\n26/11/25\nSale of Goods Act 1954\nEffective: 26/11/25\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nSale of Goods Act 1954\nContents\nPage\nPart 1 Preliminary\n1 Name of Act 2\n2 Dictionary 2\n3 Notes 2\n4 Key concepts 2\nPart 2 Formation of the contract\nDivision 2.1 Contract of sale\n6 Sale and agreement to sell 4\n7 Capacity to buy and sell 4\nDivision 2.2 Formalities of contract\n8 Manners of making contracts of sale 5\nDivision 2.3 Subject matter of contract\n10 Existing or future goods 5\n\nContents\nPage\ncontents 2 Sale of Goods Act 1954\nEffective: 26/11/25\nR5\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n11 Goods that have perished 5\n12 Goods perishing before sale but after agreement to sell 6\nDivision 2.4 The price\n13 Ascertainment of price 6\n14 Agreement to sell at valuation 6\nDivision 2.5 Conditions and warranties\n15 Stipulations as to time 6\n16 When condition to be treated as warranty 7\n17 Implied undertaking as to title 7\n18 Sale by description 8\n19 Implied conditions as to quality and fitness 8\nDivision 2.6 Sale by sample\n20 Sale by sample 9\nPart 3 Effects of the contract\nDivision 3.1 Transfer of property between seller and buyer\n21 Goods must be ascertained 10\n22 Property passes if intended to pass 10\n23 Rules for ascertaining intention 10\n24 Reservation of right of disposal 12\n25 Risk prima facie passes with property 12\nDivision 3.2 Transfer of title\n26 Sale by person not the owner 13\n27 Resale under voidable title 13\n28 Revesting of property in stolen goods on conviction of offender 13\n29 Seller or buyer in possession after sale 14\n30 Effects of writs of execution 14\nPart 4 Performance of the contract\n31 Duties of seller and buyer 15\n32 Payment and delivery are concurrent conditions 15\n33 Rules as to delivery 15\n34 Delivery of wrong quantity 16\n35 Instalment deliveries 16\n\nContents\nPage\nR5\n26/11/25\nSale of Goods Act 1954\nEffective: 26/11/25\ncontents 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n36 Delivery to carrier 17\n37 Risk if goods are delivered at distant place 18\n38 Buyer’s right of examining the goods 18\n39 Acceptance 18\n40 Buyer not bound to return rejected goods 19\n41 Liability of buyer for neglecting or refusing delivery of goods 19\nPart 5 Rights of unpaid seller against the goods\nDivision 5.1 General\n42 Unpaid seller defined 20\n43 Unpaid seller’s rights 20\nDivision 5.2 Unpaid seller’s lien\n44 Seller’s lien 21\n45 Part delivery 21\n46 Termination of lien 21\nDivision 5.3 Stoppage in transitu\n47 Right of stoppage in transitu 22\n48 Duration of transit 22\n49 Method of effecting stoppage in transitu 23\nDivision 5.4 Resale by buyer or seller\n50 Effect of sub-sale or pledge by buyer 24\n51 Sale not generally rescinded by lien or stoppage in transitu 24\nPart 6 Actions for breach of the contract\nDivision 6.1 Remedies of seller\n52 Action for price 26\n53 Damages for nonacceptance 26\nDivision 6.2 Remedies of buyer\n54 Damages for nondelivery 27\n55 Specific performance 27\n56 Remedy for breach of warranty 28\n57 Interest and special damages 28\n\nContents\nPage\ncontents 4 Sale of Goods Act 1954\nEffective: 26/11/25\nR5\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 7 Miscellaneous\n59 Rights etc enforceable by action 29\n60 Auction sales 29\n61 Draft allowance on wool 30\n62 Savings 30\nDictionary 31\nEndnotes\n1 About the endnotes 33\n2 Abbreviation key 33\n3 Legislation history 34\n4 Amendment history 36\n5 Earlier republications 39\n\nR5\n26/11/25\nSale of Goods Act 1954\nEffective: 26/11/25\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nSale of Goods Act 1954\nAn Act relating to the sale of goods\n\nPart 1 Preliminary\nSection 1\npage 2 Sale of Goods Act 1954\nEffective: 26/11/25\nR5\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 1 Preliminary\n1 Name of Act\nThis Act is the Sale of Goods Act 1954.\n2 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n3 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n4 Key concepts\nFor this Act—\n(a) a thing is done honestly if it is in fact done honestly, whether or\nnot it is done negligently; and\n(b) what is a reasonable time, a reasonable hour or a reasonable\nprice is a question of fact; and\n(c) a person is insolvent if the person has ceased to pay debts that\narise in the ordinary course of business, or cannot pay debts as\nthey become due, whether or not the person has committed an\nact of bankruptcy and whether or not the person has become a\nbankrupt; and\n\nPreliminary Part 1\nSection 4\nR5\n26/11/25\nSale of Goods Act 1954\nEffective: 26/11/25\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(d) goods are in a deliverable state if they are in a state that the buyer\nwould, under the contract, be bound to take delivery of them.\n\nPart 2 Formation of the contract\nDivision 2.1 Contract of sale\nSection 6\npage 4 Sale of Goods Act 1954\nEffective: 26/11/25\nR5\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2 Formation of the contract\nDivision 2.1 Contract of sale\n6 Sale and agreement to sell\n(1) A contract of sale of goods is a contract by which the seller transfers\nor agrees to transfer property in goods to the buyer for a money\nconsideration, called the price.\n(2) There may be a contract of sale between one part owner and another.\n(3) A contract of sale may be absolute or conditional.\n(4) If, under a contract of sale, the property in the goods is transferred\nfrom the seller to the buyer, the contract is called a sale.\n(5) If the transfer of the property in the goods is to take place at a future\ntime or subject to a condition to be fulfilled after the transfer of the\nproperty in the goods, the contract is called an agreement to sell.\n(6) An agreement to sell becomes a sale when the time elapses at which,\nor the conditions are fulfilled subject to which, the property in the\ngoods is to be transferred.\n7 Capacity to buy and sell\n(1) Capacity to buy and sell is regulated by the general law concerning\ncapacity to contract and to transfer and acquire property.\n(2) If necessaries are sold to an infant or to a person who, because of\nmental incapacity or drunkenness, is incompetent to contract, they\nmust pay a reasonable price for the goods.\n(3) In this section:\nnecessaries means goods suitable to the condition and life of the\ninfant or other person and to their actual requirements at the time of\nthe sale and delivery.\n\nFormation of the contract Part 2\nFormalities of contract Division 2.2\nSection 8\nR5\n26/11/25\nSale of Goods Act 1954\nEffective: 26/11/25\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDivision 2.2 Formalities of contract\n8 Manners of making contracts of sale\n(1) Subject to this Act and to any other law, a contract of sale may be\nmade—\n(a) in writing, either with or without seal; or\n(b) by word of mouth; or\n(c) partly in writing and partly by word of mouth;\nor may be implied from the conduct of the parties.\n(2) This section does not affect the law relating to corporations.\nDivision 2.3 Subject matter of contract\n10 Existing or future goods\n(1) The goods that form the subject of a contract of sale may be either\nexisting goods that are owned or possessed by the seller or future\ngoods.\n(2) There may be a contract for the sale of goods the acquisition of which\nby the seller depends on a contingency that may or may not happen.\n(3) If, by the contract of sale, the seller purports to effect a present sale\nof future goods, the contract operates as an agreement to sell the\ngoods.\n11 Goods that have perished\nIf there is a contract for the sale of specific goods and the goods have,\nwithout the knowledge of the seller, perished at the time when the\ncontract was made, the contract is void.\n\nPart 2 Formation of the contract\nDivision 2.4 The price\nSection 12\npage 6 Sale of Goods Act 1954\nEffective: 26/11/25\nR5\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n12 Goods perishing before sale but after agreement to sell\nIf there is an agreement to sell specific goods and subsequently the\ngoods, without any fault on the part of the seller or buyer, perish\nbefore the risk passes to the buyer, the agreement is avoided.\nDivision 2.4 The price\n13 Ascertainment of price\n(1) The price in a contract of sale—\n(a) may be fixed by the contract; or\n(b) may be left to be fixed in a way agreed by the contract; or\n(c) may be determined by the course of dealing between the parties.\n(2) If the price is not determined in accordance with subsection (1), the\nbuyer must pay a reasonable price.\n14 Agreement to sell at valuation\n(1) If there is an agreement to sell goods on the terms that the price is to\nbe fixed by the valuation of a third party and that third party cannot\nor does not make the valuation, the agreement is avoided, but, if the\ngoods, or a part of them, have been delivered to and appropriated by\nthe buyer, the buyer must pay a reasonable price for them.\n(2) If the third party is prevented from making the valuation by the fault\nof the seller or buyer, the party not in fault may maintain an action for\ndamages against the party in fault.\nDivision 2.5 Conditions and warranties\n15 Stipulations as to time\n(1) Unless a different intention appears from the terms of the contract,\nstipulations as to time of payment are not deemed to be of the essence\nof a contract of sale.\n\nFormation of the contract Part 2\nConditions and warranties Division 2.5\nSection 16\nR5\n26/11/25\nSale of Goods Act 1954\nEffective: 26/11/25\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) Whether any other stipulation as to time is of the essence of the\ncontract depends on the terms of the contract.\n(3) In a contract of sale, unless a different intention appears from the\nterms of the contract, month means calendar month.\n16 When condition to be treated as warranty\n(1) If a contract of sale is subject to a condition to be fulfilled by the\nseller, the buyer may waive the condition or elect to treat a breach of\nthe condition as a breach of warranty and not as a ground for treating\nthe contract as repudiated.\n(2) Whether a stipulation in a contract of sale is a condition the breach of\nwhich may give rise to a right to treat the contract as repudiated or a\nwarranty the breach of which may give rise to a claim for damages\nbut not to a right to reject the goods and treat the contract as\nrepudiated depends in each case on the construction of the contract.\n(3) A stipulation may be a condition although it is called a warranty in\nthe contract.\n(4) This section does not apply to a condition or warranty the fulfilment\nof which is excused by law because of impossibility or otherwise.\n17 Implied undertaking as to title\nIn a contract of sale, unless the circumstances of the contract are such\nas to show a different intention—\n(a) there is an implied condition on the part of the seller—\n(i) for a sale—that the seller has a right to sell the goods; and\n(ii) for an agreement to sell—that the seller will have the right\nto sell the goods at the time when the property is to pass;\nand\n(b) there is an implied warranty that the buyer shall have and enjoy\nquiet possession of the goods; and\n\nPart 2 Formation of the contract\nDivision 2.5 Conditions and warranties\nSection 18\npage 8 Sale of Goods Act 1954\nEffective: 26/11/25\nR5\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) there is an implied warranty that the goods shall be free from\nany charge or encumbrance in favour of a third party who is not\ndeclared or known to the buyer before or at the time when the\ncontract is made.\n18 Sale by description\n(1) If there is a contract for the sale of goods by description, there is an\nimplied condition that the goods shall correspond with the\ndescription.\n(2) If the sale is by sample as well as by description, it is not sufficient\nthat the bulk of the goods corresponds with the sample if the goods\ndo not also correspond with the description.\n19 Implied conditions as to quality and fitness\n(1) Subject to subsection (2), if the buyer, expressly or by implication,\nmakes known to the seller the particular purpose for which the goods\nare required, so as to show that the buyer relies on the seller’s skill or\njudgment, and the goods are of a description that it is in the course of\nthe seller’s business to supply (whether the seller is a manufacturer or\nnot), there is an implied condition that the goods shall be reasonably\nfit for that purpose.\n(2) For a contract for the sale of a specified article under a trade name,\nthere is no implied condition as to its fitness for a particular purpose.\n(3) If goods are bought by description from a seller who deals in goods\nof that description (whether the seller is a manufacturer or not), there\nis an implied condition that the goods shall be of merchantable quality\nbut if the buyer has examined the goods there is no implied condition\nas to defects that the examination ought to have revealed.\n(4) An implied warranty or condition as to quality or fitness for a\nparticular purpose may be annexed by the usage of trade.\n(5) An express warranty or condition does not negative a warranty or\ncondition implied by this Act unless inconsistent with it.\n\nFormation of the contract Part 2\nSale by sample Division 2.6\nSection 20\nR5\n26/11/25\nSale of Goods Act 1954\nEffective: 26/11/25\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDivision 2.6 Sale by sample\n20 Sale by sample\n(1) A contract of sale is a contract for sale by sample if there is a term of\nthe contract express or implied to that effect.\n(2) For a contract for sale by sample, there is an implied condition—\n(a) that the bulk shall correspond with the sample in quality; and\n(b) that the buyer shall have a reasonable opportunity of comparing\nthe bulk with the sample; and\n(c) that the goods shall be free from any defect rendering them\nunmerchantable that would not be apparent on reasonable\nexamination of the sample.\n\nPart 3 Effects of the contract\nDivision 3.1 Transfer of property between seller and buyer\nSection 21\npage 10 Sale of Goods Act 1954\nEffective: 26/11/25\nR5\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Effects of the contract\nDivision 3.1 Transfer of property between seller\nand buyer\n21 Goods must be ascertained\nIf there is a contract for the sale of unascertained goods, no property\nin the goods is transferred to the buyer unless and until the goods are\nascertained.\n22 Property passes if intended to pass\n(1) If there is a contract for the sale of specific or ascertained goods, the\nproperty in them is transferred to the buyer at the time that the parties\nto the contract intend it to be transferred.\n(2) For the purpose of ascertaining the intention of the parties, regard\nshall be had to the terms of the contract, the conduct of the parties and\nthe circumstances of the case.\n23 Rules for ascertaining intention\n(1) Unless a different intention appears from the terms of the contract,\nthe intention of the parties as to the time when the property in the\ngoods is to pass to the buyer is ascertained in accordance with\nsubsections (2) to (8).\n(2) If there is an unconditional contract for the sale of specific goods in a\ndeliverable state, the property in the goods passes to the buyer when\nthe contract is made and it is immaterial that the time of payment or\nthe time of delivery, or both, are postponed.\n(3) If there is a contract for the sale of specific goods and the seller is\nbound to do something to the goods for the purpose of putting them\nin a deliverable state, the property does not pass until the thing is done\nand the buyer has notice of its having been done.\n\nEffects of the contract Part 3\nTransfer of property between seller and buyer Division 3.1\nSection 23\nR5\n26/11/25\nSale of Goods Act 1954\nEffective: 26/11/25\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) If there is a contract for the sale of specific goods in a deliverable\nstate but the seller is bound to weigh, measure, test or do some other\nact or thing with reference to the goods for the purpose of ascertaining\nthe price, the property does not pass until the act or thing is done and\nthe buyer has notice of its having been done.\n(5) If goods are delivered to the buyer ‘on approval’, ‘on sale or return’\nor on other similar terms, the property in the goods passes to the\nbuyer—\n(a) when the buyer signifies their approval or acceptance to the\nseller or does some other act adopting the transaction; or\n(b) if the buyer does not signify their approval or acceptance to the\nseller but retains the goods without giving notice of rejection—\n(i) if a time has been fixed for the return of the goods—at the\nend of that time; and\n(ii) if no time has been fixed—at the end of a reasonable time.\n(6) If there is a contract for the sale of unascertained or future goods by\ndescription and goods of that description and in a deliverable state are\nunconditionally appropriated to the contract, either by the seller with\nthe assent of the buyer or by the buyer with the assent of the seller,\nthe property in the goods thereupon passes to the buyer.\n(7) The assent referred to in subsection (6) may be express or implied and\nmay be given either before or after the appropriation is made.\n(8) For subsection (6), if, under the contract, the seller delivers the goods\nto the buyer or to a carrier or other bailee (whether named by the\nbuyer or not) for the purpose of transmission to the buyer and does\nnot reserve the right of disposal, the seller is deemed to have\nunconditionally appropriated the goods to the contract.\n\nPart 3 Effects of the contract\nDivision 3.1 Transfer of property between seller and buyer\nSection 24\npage 12 Sale of Goods Act 1954\nEffective: 26/11/25\nR5\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n24 Reservation of right of disposal\n(1) If there is a contract for the sale of specific goods, or if goods are\nsubsequently appropriated to the contract, the seller may, by the terms\nof the contract or appropriation, reserve the right of the disposal of\nthe goods until certain conditions are fulfilled.\n(2) In such a case, notwithstanding the delivery of the goods to the buyer,\nor to a carrier or other bailee, for the purpose of transmission to the\nbuyer, the property in the goods does not pass to the buyer until the\nconditions imposed by the seller are fulfilled.\n(3) If goods are shipped and, by the bill of lading, the goods are\ndeliverable to the order of the seller or the seller’s agent, the seller is\nprima facie deemed to reserve the right of disposal.\n(4) If the seller of goods draws on the buyer for the price and transmits\nthe bill of exchange and bill of lading to the buyer together to secure\nacceptance or payment of the bill of exchange, the buyer is bound to\nreturn the bill of lading if the buyer does not honour the bill of\nexchange and, if the buyer wrongfully retains the bill of lading, the\nproperty in the goods does not pass to the buyer.\n25 Risk prima facie passes with property\n(1) Subject to subsection (2), unless a different intention appears from\nthe terms of the contract, the goods remain at the seller’s risk until the\nproperty in the goods is transferred to the buyer but when the property\nin the goods is transferred to the buyer the goods are at the buyer’s\nrisk whether delivery has been made or not.\n(2) If delivery has been delayed through the fault of either buyer or seller,\nthe goods are at the risk of the party in fault so far as any loss that\nmight not have occurred apart from that fault is concerned.\n(3) This section does not affect the duties or liabilities of either seller or\nbuyer as a bailee of the goods of the other party.\n\nEffects of the contract Part 3\nTransfer of title Division 3.2\nSection 26\nR5\n26/11/25\nSale of Goods Act 1954\nEffective: 26/11/25\npage 13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDivision 3.2 Transfer of title\n26 Sale by person not the owner\n(1) Subject to this Act, if goods are sold by a person who is not the owner\nof them and does not sell them under the authority or with the consent\nof the owner, the buyer does not acquire a better title to the goods\nthan the seller had unless the owner of the goods is, by the owner’s\nconduct, precluded from denying the seller’s authority to sell.\n(2) Nothing in this Act affects—\n(a) the provisions of the Mercantile Law Act 1962 or the\nRegistration of Interests in Goods Act 1990; or\n(b) the validity of a contract of sale under a special common law or\nstatutory power of sale or under the order of a court of competent\njurisdiction.\n27 Resale under voidable title\nIf the seller of goods has a voidable title to them but the seller’s title\nhas not been avoided at the time of the sale, the buyer acquires a good\ntitle to the goods provided the buyer buys them honestly and without\nthe notice of the seller’s defect of title.\n28 Revesting of property in stolen goods on conviction of\noffender\n(1) If goods have been stolen and the offender is prosecuted to\nconviction, the property in the goods revests in the person who was\nthe owner of the goods, or in the person’s personal representative,\nnotwithstanding any intermediate dealing with them.\n(2) Notwithstanding any other law to the contrary, if goods have been\nobtained by fraud or other wrongful means not amounting to larceny,\nthe property in the goods does not revest in the person who was the\nowner of the goods or in the person’s personal representative only\nbecause of the conviction of the offender.\n\nPart 3 Effects of the contract\nDivision 3.2 Transfer of title\nSection 29\npage 14 Sale of Goods Act 1954\nEffective: 26/11/25\nR5\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n29 Seller or buyer in possession after sale\n(1) If a person who has sold goods continues, or is, in possession of the\ngoods or of the documents of title to the goods, the delivery or transfer\nby that person, or by a mercantile agent acting for the person, of the\ngoods or documents of title under a sale, pledge or other disposition\nto a person receiving the goods or documents of title honestly and\nwithout notice of the previous sale has the same effect as if the person\nmaking delivery or transfer were expressly authorised by the owner\nof the goods to make the delivery or transfer.\n(2) If a person who has bought, or agreed to buy, goods obtains, with the\nconsent of the seller, possession of the goods or of the documents of\ntitle to the goods, the delivery or transfer by that person, or by a\nmercantile agent acting for the person, of the goods or documents of\ntitle under a sale, pledge or other disposition of the goods or\ndocuments of title to a person receiving the goods or documents\nhonestly and without notice of any lien or other right of the original\nseller in respect of the goods has the same effect as if the person\nmaking the delivery or transfer were a mercantile agent in possession\nof the goods or documents of title with the consent of the owner.\n30 Effects of writs of execution\n(1) Subject to subsection (2), a writ of execution against goods binds the\nproperty in the goods of the execution debtor as from the time when\nthe writ is delivered to the sheriff to be executed.\n(2) It is the duty of the sheriff, without fee, on the receipt of the writ, to\nendorse on the back of the writ the hour, day, month and year when\nthe sheriff receives it.\n(3) A writ of execution against goods does not prejudice the title to the\ngoods acquired by a person honestly and for valuable consideration\nunless that person had, at the time when the person acquired the\nperson’s title, notice that the writ, or any other writ under which the\ngoods of the execution debtor might be seized or attached, had been\ndelivered to and remained unexecuted in the hands of the sheriff.\n\nPerformance of the contract Part 4\nSection 31\nR5\n26/11/25\nSale of Goods Act 1954\nEffective: 26/11/25\npage 15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 4 Performance of the contract\n31 Duties of seller and buyer\nIt is the duty of the seller to deliver the goods, and of the buyer to\naccept and pay for them, in accordance with the terms of the contract\nof sale.\n32 Payment and delivery are concurrent conditions\nUnless otherwise agreed, delivery of the goods and payment of the\nprice are concurrent conditions, that is to say, the seller must be ready\nand willing to give possession of the goods to the buyer in exchange\nfor the price and the buyer must be ready and willing to pay the price\nin exchange for possession of the goods.\n33 Rules as to delivery\n(1) Whether it is for the buyer to take possession of the goods or for the\nseller to send them to the buyer is a question depending in each case\non the contract, express or implied, between the parties.\n(2) Apart from the contract, the place of delivery is the seller’s place of\nbusiness, if the seller has one, or, if not, the seller’s residence, but if\nthe contract is for the sale of specific goods that, to the knowledge of\nthe parties when the contract is made, are in some other place, then\nthat place is the place of delivery.\n(3) If, under the contract of sale, the seller is bound to send the goods to\nthe buyer but no time for sending them is fixed, the seller is bound to\nsend them within a reasonable time.\n(4) If the goods at the time of sale are in the possession of a third person,\nthere is no delivery by the seller to the buyer unless and until the third\nperson acknowledges to the buyer that the third person holds the\ngoods on behalf of the buyer.\n\nPart 4 Performance of the contract\nSection 34\npage 16 Sale of Goods Act 1954\nEffective: 26/11/25\nR5\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(5) Demand or tender of delivery may be treated as ineffectual unless\nmade at a reasonable hour.\n(6) Unless otherwise agreed, the expenses of and incidental to putting the\ngoods into a deliverable state must be borne by the seller.\n(7) This section does not affect the operation of the issue or transfer of a\ndocument of title to goods.\n34 Delivery of wrong quantity\n(1) If the seller delivers to the buyer a quantity of goods less than the\nseller contracted to sell, the buyer may reject them.\n(2) If the buyer accepts the goods so delivered the buyer must pay for\nthem at the contract rate.\n(3) If the seller delivers to the buyer a quantity of goods larger than the\nseller contracted to sell, the buyer may accept the goods included in\nthe contract and reject the rest or the buyer may reject the whole.\n(4) If the buyer accepts the whole of the goods so delivered, the buyer\nmust pay for them at the contract rate.\n(5) If the seller delivers to the buyer the goods the seller contracted to sell\nmixed with goods of a different description or quality not included in\nthe contract, the buyer may accept the goods that are in accordance\nwith the contract and reject the rest or the buyer may reject the whole.\n(6) The provisions of this section are subject to any usage of trade, special\nagreement or course of dealing between the parties.\n35 Instalment deliveries\n(1) Unless otherwise agreed, the buyer of goods is not bound to accept\ndelivery of them by instalments.\n\nPerformance of the contract Part 4\nSection 36\nR5\n26/11/25\nSale of Goods Act 1954\nEffective: 26/11/25\npage 17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) If there is a contract for the sale of goods to be delivered by stated\ninstalments that are to be separately paid for and the seller makes\ndefective deliveries in respect of 1 or more instalments, or the buyer\nneglects or refuses to take delivery of or pay for 1 or more\ninstalments, it is a question in each case depending on the terms of\nthe contract and the circumstances of the case whether the breach of\ncontract is a repudiation of the whole contract or is a severable breach\ngiving rise to a claim for compensation but not to a right to treat the\nwhole contract as repudiated.\n36 Delivery to carrier\n(1) If, under the contract of sale, the seller is authorised or required to\nsend the goods to the buyer, delivery of the goods to a carrier, whether\nknown by the buyer or not, for the purpose of transmission to the\nbuyer, is prima facie deemed to be a delivery of the goods to the\nbuyer.\n(2) Unless otherwise authorised by the buyer, the seller must make a\ncontract with the carrier on behalf of the buyer that is reasonable,\nhaving regard to the nature of the goods and the other circumstances\nof the case.\n(3) If the seller omits to do so and the goods are lost or damaged in course\nof transit, the buyer may decline to treat the delivery to the carrier as\na delivery or may hold the seller responsible in damages.\n(4) Unless otherwise agreed, if goods are sent by the seller to the buyer\nby a route involving sea transit, the seller must give notice to the\nbuyer that will enable the buyer to insure the goods during their sea\ntransit and, if the seller fails to do so, the goods shall be deemed to be\nat the seller’s risk during the sea transit.\n\nPart 4 Performance of the contract\nSection 37\npage 18 Sale of Goods Act 1954\nEffective: 26/11/25\nR5\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n37 Risk if goods are delivered at distant place\nIf the seller of goods agrees to deliver them at the seller’s own risk at\na place other than that where they are when sold, the buyer must\nnevertheless, unless otherwise agreed, take any risk of deterioration\nin the goods necessarily incident to the course of transit.\n38 Buyer’s right of examining the goods\n(1) If goods that the buyer has not previously examined are delivered to\nthe buyer, the buyer is not deemed to have accepted them unless and\nuntil the buyer has had a reasonable opportunity of examining them\nfor the purpose of ascertaining whether they are in conformity with\nthe contract.\n(2) Unless otherwise agreed, when the seller tenders delivery of goods to\nthe buyer, the seller is bound on request to afford the buyer a\nreasonable opportunity of examining the goods for the purpose of\nascertaining whether they are in conformity with the contract.\n39 Acceptance\nSubject to section 38, the buyer is deemed to have accepted the goods\nwhen—\n(a) the buyer intimates to the seller that the buyer has accepted\nthem; or\n(b) the goods have been delivered to the buyer and the buyer does\nan act in relation to them that is inconsistent with the ownership\nof the seller; or\n(c) after the lapse of a reasonable time, the buyer retains the goods\nwithout intimating to the seller that the buyer has rejected them.\n\nPerformance of the contract Part 4\nSection 40\nR5\n26/11/25\nSale of Goods Act 1954\nEffective: 26/11/25\npage 19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n40 Buyer not bound to return rejected goods\nUnless otherwise agreed, if goods are delivered to the buyer and,\nhaving the right to refuse to accept them, the buyer refuses to accept\nthem, the buyer is not bound to return the goods to the seller and it is\nsufficient if the buyer intimates to the seller that the buyer refuses to\naccept the goods.\n41 Liability of buyer for neglecting or refusing delivery of\ngoods\n(1) If the seller is ready and willing to deliver the goods and requests the\nbuyer to take delivery and the buyer does not, within a reasonable\ntime after the request, take delivery of the goods, the buyer is liable\nto the seller for any loss occasioned by the buyer’s neglect or refusal\nto take delivery and also for a reasonable charge for the care and\ncustody of the goods.\n(2) This section does not affect the rights of the seller if neglect or refusal\nof the buyer to take delivery amounts to a repudiation of the contract.\n\nPart 5 Rights of unpaid seller against the goods\nDivision 5.1 General\nSection 42\npage 20 Sale of Goods Act 1954\nEffective: 26/11/25\nR5\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 5 Rights of unpaid seller against\nthe goods\nDivision 5.1 General\n42 Unpaid seller defined\n(1) The seller of goods is deemed to be an unpaid seller within the\nmeaning of this part—\n(a) when the whole of the price has not been paid or tendered; or\n(b) when a bill of exchange or other negotiable instrument has been\nreceived as conditional payment and the condition on which it\nwas received has not been fulfilled because of the dishonour of\nthe instrument or otherwise.\n(2) In this part:\nseller includes a person who is in the position of a seller, as, for\ninstance, an agent of the seller to whom the bill of lading has been\nendorsed or a consignor or agent who has paid, or is directly\nresponsible for, the price.\n43 Unpaid seller’s rights\n(1) Subject to this Act and to any other law, the unpaid seller of goods,\nas such, has by implication of law—\n(a) a lien on the goods for the price while the unpaid seller is in\npossession of them; and\n(b) in case of the insolvency of the buyer—a right of stopping the\ngoods in transitu after the unpaid seller has parted with the\npossession of them; and\n(c) a right of resale as provided by this Act.\n(2) Subsection (1) has effect notwithstanding that the property in the\ngoods may have passed to the buyer.\n\nRights of unpaid seller against the goods Part 5\nUnpaid seller’s lien Division 5.2\nSection 44\nR5\n26/11/25\nSale of Goods Act 1954\nEffective: 26/11/25\npage 21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) If the property in the goods has not passed to the buyer, the unpaid\nseller has, in addition to their other remedies, a right of withholding\ndelivery similar to and coextensive with their rights of lien and\nstoppage in transitu if the property has passed to the buyer.\nDivision 5.2 Unpaid seller’s lien\n44 Seller’s lien\n(1) Subject to this Act, if—\n(a) goods have been sold without any stipulation as to credit; and\n(b) goods have been sold on credit but the term has ended; and\n(c) the buyer of goods becomes insolvent;\nthe unpaid seller of the goods, if the unpaid seller is in possession of\nthem, is entitled to retain possession of them until payment or tender\nof the price.\n(2) The seller may exercise the seller’s right of lien notwithstanding that\nthe seller is in possession of the goods as agent or bailee for the buyer.\n45 Part delivery\nIf an unpaid seller has made part delivery of the goods, the unpaid\nseller may exercise their right of lien on the remainder unless part\ndelivery has been made under such circumstances as to show an\nagreement to waive the lien.\n46 Termination of lien\n(1) The unpaid seller of goods loses their lien on the goods—\n(a) when the unpaid seller delivers the goods to a carrier or other\nbailee for the purpose of transmission to the buyer without\nreserving a right of disposal of the goods; or\n(b) when the buyer or the buyer’s agent lawfully obtains possession\nof the goods; or\n\nPart 5 Rights of unpaid seller against the goods\nDivision 5.3 Stoppage in transitu\nSection 47\npage 22 Sale of Goods Act 1954\nEffective: 26/11/25\nR5\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) by waiver of the lien.\n(2) The unpaid seller of goods who has a lien on the goods does not lose\ntheir lien only because the unpaid seller has obtained judgment for\nthe price of the goods.\nDivision 5.3 Stoppage in transitu\n47 Right of stoppage in transitu\nSubject to this Act, when the buyer of goods becomes insolvent, the\nunpaid seller who has parted with the possession of the goods has the\nright of stopping them in transitu, that is to say, the unpaid seller may\nresume possession of the goods so long as they are in course of transit\nand may retain them until payment or tender of the price.\n48 Duration of transit\n(1) Goods are deemed to be in course of transit from the time when they\nare delivered to a carrier by land, water or air, or other bailee, for the\npurpose of transmission to the buyer until the buyer, or the buyer’s\nagent in that behalf, takes delivery of them from the carrier or other\nbailee.\n(2) If the buyer or the buyer’s agent in that behalf obtains delivery of the\ngoods before their arrival at the appointed destination, the transit is at\nan end.\n(3) If, after the arrival of the goods at the appointed destination, the\ncarrier or other bailee acknowledges to the buyer or the buyer’s agent\nthat the carrier or the bailee holds the goods on the buyer’s behalf and\ncontinues in possession of them as bailee for the buyer or the buyer’s\nagent, the transit is at an end and it is immaterial that a further\ndestination for the goods may have been indicated by the buyer.\n(4) If the goods are rejected by the buyer and the carrier or other bailee\ncontinues in possession of them, the transit is not deemed to be at an\nend, even if the seller has refused to receive the goods back.\n\nRights of unpaid seller against the goods Part 5\nStoppage in transitu Division 5.3\nSection 49\nR5\n26/11/25\nSale of Goods Act 1954\nEffective: 26/11/25\npage 23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(5) When the goods are delivered to a ship chartered by the buyer, it is a\nquestion depending on the circumstances of a particular case whether\nthey are in possession of the master as a carrier or as agent of the\nbuyer.\n(6) If the carrier or other bailee wrongfully refuses to deliver the goods\nto the buyer or the buyer’s agent in that behalf, the transit is deemed\nto be at an end.\n(7) If part delivery of the goods, has been made to the buyer or the\nbuyer’s agent in that behalf, the remainder of the goods may be\nstopped in transitu unless the part delivery was made under such\ncircumstances as to show an agreement to give up possession of the\nwhole of the goods.\n49 Method of effecting stoppage in transitu\n(1) The unpaid seller may exercise the unpaid seller’s right of stoppage\nin transitu either by taking actual possession of the goods or by giving\nnotice of the unpaid seller’s claim to the carrier or other bailee in\nwhose possession the goods are.\n(2) The notice may be given either to the person in actual possession of\nthe goods or to the person’s principal.\n(3) If the notice is given to the principal, the notice is not effectual unless\nit is given at such time and under such circumstances that the\nprincipal, by the exercise of reasonable diligence, may communicate\nit to the principal’s servant or agent in time to prevent a delivery to\nthe buyer.\n(4) If notice of stoppage in transitu is given by the seller to the carrier or\nother bailee in possession of the goods, the carrier or other bailee must\nredeliver the goods to, or according to the directions of, the seller.\n(5) The expenses of the redelivery must be borne by the seller.\n\nPart 5 Rights of unpaid seller against the goods\nDivision 5.4 Resale by buyer or seller\nSection 50\npage 24 Sale of Goods Act 1954\nEffective: 26/11/25\nR5\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDivision 5.4 Resale by buyer or seller\n50 Effect of sub-sale or pledge by buyer\n(1) Subject to this Act, an unpaid seller’s right of lien or stoppage\nin transitu is not affected by a sale or other disposition of the goods\nthat the buyer may have made unless the seller has assented to it.\n(2) If a document of title to goods has been lawfully transferred to a\nperson as buyer or owner of the goods and that person transfers the\ndocument to a person (the relevant transfer) who takes the document\nhonestly and for valuable consideration, if the relevant transfer—\n(a) was by way of sale—the unpaid seller’s right of lien or stoppage\nin transitu is defeated; or\n(b) was by way of pledge or other disposition for value—the unpaid\nseller’s right of lien or stoppage in transitu can only be exercised\nsubject to the rights of the transferee.\n51 Sale not generally rescinded by lien or stoppage\nin transitu\n(1) Subject to this section, a contract of sale is not rescinded by a mere\nexercise by an unpaid seller of the unpaid seller’s right of lien or\nstoppage in transitu.\n(2) If an unpaid seller who has exercised the unpaid seller’s right of lien\nor stoppage in transitu resells the goods, the buyer acquires a good\ntitle to them as against the original buyer.\n(3) If the goods are of a perishable nature or the unpaid seller gives notice\nto the buyer of the unpaid seller’s intention to resell and the buyer\ndoes not within a reasonable time pay or tender the price, the unpaid\nseller may resell and recover from the original buyer damages for any\nloss occasioned by the original buyer’s breach of contract.\n\nRights of unpaid seller against the goods Part 5\nResale by buyer or seller Division 5.4\nSection 51\nR5\n26/11/25\nSale of Goods Act 1954\nEffective: 26/11/25\npage 25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) If the seller expressly reserves a right of resale in case the buyer\nshould make default and, on the buyer making default, resells the\ngoods, the original contract of sale is thereby rescinded but without\nprejudice to any claim the seller may have for damages.\n\nPart 6 Actions for breach of the contract\nDivision 6.1 Remedies of seller\nSection 52\npage 26 Sale of Goods Act 1954\nEffective: 26/11/25\nR5\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 6 Actions for breach of the\ncontract\nDivision 6.1 Remedies of seller\n52 Action for price\n(1) If, under a contract of sale, the property in the goods has passed to the\nbuyer and the buyer wrongfully neglects to pay for the goods\naccording to the terms of the contract, the seller may maintain an\naction against the buyer for the price of the goods.\n(2) If, under a contract of sale, the price is payable on a day certain\nirrespective of delivery and the buyer wrongfully neglects or refuses\nto pay the price, the seller may maintain an action for the price\nalthough the property in the goods has not passed and the goods have\nnot been appropriated to the contract.\n53 Damages for nonacceptance\n(1) If the buyer wrongfully neglects or refuses to accept and pay for the\ngoods, the seller may maintain an action against the buyer for\ndamages for nonacceptance.\n(2) The measure of damages is the estimated loss directly and naturally\nresulting in the ordinary course of events from the buyer’s breach of\ncontract.\n(3) If there is an available market for the goods, the measure of damages\nis prima facie to be ascertained by the difference between the contract\nprice and the market or current price at the time or times when the\ngoods ought to have been accepted, or, if no time was fixed for\nacceptance, at the time of the refusal to accept.\n\nActions for breach of the contract Part 6\nRemedies of buyer Division 6.2\nSection 54\nR5\n26/11/25\nSale of Goods Act 1954\nEffective: 26/11/25\npage 27\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDivision 6.2 Remedies of buyer\n54 Damages for nondelivery\n(1) If the seller wrongfully neglects or refuses to deliver the goods to the\nbuyer, the buyer may maintain an action against the seller for\ndamages for nondelivery.\n(2) The measure of damages is the estimated loss directly and naturally\nresulting in the ordinary course of events from the seller’s breach of\ncontract.\n(3) If there is an available market for the goods, the measure of damages\nis prima facie to be ascertained by the difference between the contract\nprice and the market or current price of the goods at the time or times\nwhen they ought to have been delivered, or, if no time was fixed, at\nthe time of the refusal to deliver.\n55 Specific performance\n(1) In an action for breach of contract to deliver specific or ascertained\ngoods, the court may, if it thinks fit, on the application of the plaintiff,\ndirect, by its judgment, that the contract shall be performed\nspecifically, without giving the defendant the option of retaining the\ngoods on payment of damages.\n(2) The judgment may be unconditional or on the terms and conditions\nas to damages, payment of the price or otherwise that the court thinks\njust.\n(3) The application by the plaintiff may be made at any time before\njudgment.\n\nPart 6 Actions for breach of the contract\nDivision 6.2 Remedies of buyer\nSection 56\npage 28 Sale of Goods Act 1954\nEffective: 26/11/25\nR5\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n56 Remedy for breach of warranty\n(1) If there is a breach of warranty by the seller, or if the buyer elects or\nis compelled to treat a breach of a condition on the part of the seller\nas a breach of warranty, the buyer is not, only because of that breach,\nentitled to reject the goods but may—\n(a) set up against the seller the breach of warranty in diminution or\nextinction of the price; or\n(b) maintain an action against the seller for damages for the breach\nof warranty.\n(2) The measure of damages for breach of warranty is the estimated loss\ndirectly and naturally resulting in the ordinary course of events from\nthe breach of warranty.\n(3) For breach of warranty of quality, the loss is prima facie the\ndifference between the value of the goods at the time of delivery to\nthe buyer and the value they would have had if they had answered to\nthe warranty.\n(4) The fact that the buyer has set up the breach of warranty in diminution\nor extinction of the price does not prevent the buyer from maintaining\nan action for the same breach of warranty if the buyer has suffered\nfurther damage.\n57 Interest and special damages\nThis Act does not affect the right of the buyer or of the seller to\nrecover interest or special damages in any case where by law interest\nor special damages are recoverable or to recover money paid if the\nconsideration for the payment has failed.\n\nMiscellaneous Part 7\nSection 59\nR5\n26/11/25\nSale of Goods Act 1954\nEffective: 26/11/25\npage 29\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 7 Miscellaneous\n59 Rights etc enforceable by action\nRights, duties and liabilities declared by this Act may, unless\notherwise provided by this Act, be enforced by action.\n60 Auction sales\n(1) This section applies in respect of sales by auction.\n(2) If goods are put up for sale in lots, each lot is prima facie to be the\nsubject of a separate contract of sale.\n(3) The sale is complete when the auctioneer announces its completion\nby the fall of the hammer or in other customary way.\n(4) Until the announcement is made any bidder may retract their bid.\n(5) A right to bid may be reserved expressly by or on behalf of the seller.\n(6) If a right to bid is expressly reserved, but not otherwise, the seller, or\nany one person on the seller’s behalf, may bid at the auction.\n(7) If a sale is not notified to be subject to a right to bid on behalf of the\nseller, it is not lawful—\n(a) for the seller to bid; or\n(b) for the seller to employ a person to bid; or\n(c) for the auctioneer knowingly to take a bid from the seller or any\nsuch person.\n(8) The buyer may treat as fraudulent a sale that contravenes the\nprovisions of subsection (7).\n(9) A sale may be notified to be subject to a reserved or upset price.\n\nPart 7 Miscellaneous\nSection 61\npage 30 Sale of Goods Act 1954\nEffective: 26/11/25\nR5\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n61 Draft allowance on wool\nAny term, express or implied, in a contract of sale of wool providing\nthat, in computing the price of the wool, a deduction of the kind\ncommonly known as a draft allowance is to be made from the weight\nof the wool is void.\n62 Savings\n(1) The rules of the common law, including the law merchant, except so\nfar as they are inconsistent with this Act, and in particular the rules\nrelating to the law of principal and agent and the effect of fraud,\nmisrepresentation, duress, coercion, mistake or other invalidating\ncause continue to apply to contracts for the sale of goods.\n(2) Nothing in this Act affects, or shall be deemed at any time to have\naffected, any remedy in equity of the buyer or the seller in respect of\na misrepresentation.\n(3) This Act does not affect the law relating to bills of sale.\n(4) The provisions of this Act relating to contracts of sale do not apply to\na transaction in the form of a contract of sale that is intended to\noperate by way of mortgage, pledge, charge or other security.\n\nDictionary\nR5\n26/11/25\nSale of Goods Act 1954\nEffective: 26/11/25\npage 31\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 2)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• document\n• under\n• writing.\naction includes counterclaim and set-off.\nbuyer means a person who buys or agrees to buy goods.\ncontract of sale includes an agreement to sell as well as a sale.\ndelivery means voluntary transfer of possession from one person to\nanother.\ndocument of title, in relation to goods, includes—\n(a) bill of lading, dock warrant, warehouse keeper’s certificate,\nwharfinger’s certificate and warrant or order for the delivery of\nthe goods; and\n(b) any other document used in the ordinary course of business as\nproof of the possession or control of the goods or authorising or\npurporting to authorise, either by endorsement or delivery, the\npossessor of the document to transfer or receive the goods it\nrepresents.\nfault means wrongful act or default.\nfuture goods means goods that are to be manufactured or acquired by\nthe seller after the making of the contract of sale.\ngoods includes all chattels personal other than things in action and\nmoney and also includes emblements, industrial growing crops, and\nthings attached to or forming part of the land, that are to be severed\nbefore sale or under the contract of sale.\n\nDictionary\npage 32 Sale of Goods Act 1954\nEffective: 26/11/25\nR5\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nmercantile agent means a mercantile agent having in the customary\ncourse of their business as a mercantile agent authority either to sell\ngoods or to consign goods for the purpose of sale, or to buy goods or\nto raise money on the security.\nplaintiff includes a defendant counterclaiming.\nproperty means the general property in goods and not merely a special\nproperty.\nquality, in relation to goods, includes a state or condition of the goods.\nsale includes a bargain and sale as well as a sale and delivery.\nseller means a person who sells or agrees to sell goods.\nsheriff includes any officer charged with the enforcement of a writ of\nexecution.\nspecific goods means goods identified and agreed on at the time a\ncontract of sale is made.\nwarranty means an agreement with reference to goods that are the\nsubject of a contract of sale, but collateral to the main purpose of the\ncontract, breach of which gives rise to a claim for damages but not to\na right to reject the goods and treat the contract as repudiated.\n\nEndnotes\nAbout the endnotes 1\nR5\n26/11/25\nSale of Goods Act 1954\nEffective: 26/11/25\npage 33\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEndnotes\n3 Legislation history\npage 34 Sale of Goods Act 1954\nEffective: 26/11/25\nR5\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nThis Act was originally a Commonwealth ordinance—the Sale of Goods Ordinance\n1954 No 15 (Cwlth).\nThe Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4)\nconverted most former Commonwealth ordinances in force in the ACT into ACT\nenactments. This allowed the ACT Legislative Assembly to amend and repeal the\nlaws. This Act was converted into an ACT enactment on 11 May 1989 (self-\ngovernment day).\nAs with most ordinances in force in the ACT, the name was changed from\nOrdinance to Act by the Self-Government (Citation of Laws) Act 1989 A1989-21, s\n5 on 11 May 1989 (self-government day).\nBefore 11 May 1989, ordinances commenced on their notification day unless\notherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth), s 12).\nLegislation before becoming Territory enactment\nSale of Goods Act 1954 A1954-15\nnotified 12 August 1954\ncommenced 1 October 1954 (s 2)\nas amended by\nSale of Goods Ordinance 1967 Ord1967-25\nnotified 27 July 1967\ncommenced 1 August 1967 (s 2)\nSale of Goods Ordinance 1975 Ord1975-39\nnotified 31 October 1975\ncommenced 31 October 1975\nOrdinances Revision Ordinance 1977 Ord1977-65 sch 2\nnotified 22 December 1977\ncommenced 22 December 1977\nLegislation after becoming Territory enactment\nRegistration of Interests in Goods (Consequential Amendments)\nAct 1990 A1990-20 s 4\nnotified 21 June 1990 (Gaz 1990 S30)\ncommenced 30 June 1990 (s 2 and see Gaz 1990 No S46)\n\nEndnotes\nLegislation history 3\nR5\n26/11/25\nSale of Goods Act 1954\nEffective: 26/11/25\npage 35\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nMagistrates Court (Enforcement of Judgments) Act 1994 A1994-61\npt 7 div 5\nnotified 11 October 1994 (Gaz 1994 No S197)\ns 1, s 2 commenced 11 October 1994 (s 2 (1))\npt 7 div 5 commenced 10 April 1995 (s 2 (2) and Gaz 1995 No S75)\nLegislation (Consequential Amendments) Act 2001 A2001-44 pt 353\nnotified 26 July 2001 (Gaz 2001 No 30)\ns 1, s 2 commenced 26 July 2001 (IA s 10B)\npt 353 commenced 12 September 2001 (s 2 and see Gaz 2001\nNo S65)\nFair Trading Legislation Amendment Act 2001 A2001-77 pt 5\nnotified LR 14 September 2001\ns 1, s 2 commenced 14 September 2001 (LA s 75)\npt 5 commenced 14 March 2002 (s 2 and LA s 79)\nStatute Law Amendment Act 2005 (No 2) A2005-62 sch 3 pt 3.19\nnotified LR 21 December 2005\ns 1, s 2 commenced 21 December 2005 (LA s 75 (1))\nsch 3 pt 3.19 commenced 11 January 2006 (s 2 (1))\nStatute Law Amendment Act 2025 A2025-29 sch 3 pt 3.83\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 3 pt 3.83 commenced 26 November 2025 (s 2 (3))\n\nEndnotes\n4 Amendment history\npage 36 Sale of Goods Act 1954\nEffective: 26/11/25\nR5\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Amendment history\nName of Act\ns 1 sub A2005-62 amdt 3.171\nDictionary\ns 2 om A2001-44 amdt 1.3835\nins A2005-62 amdt 3.171\nNotes\ns 3 om Ord1977-65 sch 2\nins A2005-62 amdt 3.171\nKey concepts\ns 4 om A2001-44 amdt 1.3835\nins A2005-62 amdt 3.171\nInterpretation for Act\ns 5 defs reloc to dict A2005-62 amdt 3.172\nom A2005-62 amdt 3.173\nContract of sale\ndiv 2.1 hdg (prev pt 2 div 1 hdg) renum R3 LA\nSale and agreement to sell\ns 6 ss renum R3 LA\nCapacity to buy and sell\ns 7 am A2025-29 amdt 3.298, amdt 3.299\nFormalities of contract\ndiv 2.2 hdg (prev pt 2 div 2 hdg) renum R3 LA\nSubject matter of contract\ndiv 2.3 hdg (prev pt 2 div 3 hdg) renum R3 LA\nContracts for sale of 10 pounds and upwards\ns 9 am Ord1967-25 s 3\nom Ord1975-39 s 2\nThe price\ndiv 2.4 hdg (prev pt 2 div 4 hdg) renum R3 LA\nConditions and warranties\ndiv 2.5 hdg (prev pt 2 div 5 hdg) renum R3 LA\nWhen condition to be treated as warranty\ns 16 am Ord1975-39 s 3; A2001-77 s 23; ss renum R3 LA (see\nA2001-77 s 24)\nImplied conditions as to quality and fitness\ns 19 am A2001-77 s 25; ss renum R3 LA (see A2001-77 s 26)\n\nEndnotes\nAmendment history 4\nR5\n26/11/25\nSale of Goods Act 1954\nEffective: 26/11/25\npage 37\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nSale by sample\ndiv 2.6 hdg (prev pt 2 div 6 hdg) renum R3 LA\nTransfer of property between seller and buyer\ndiv 3.1 hdg (prev pt 3 div 1 hdg) renum R3 LA\nRules for ascertaining intention\ns 23 am A2025-29 amdt 3.300\nTransfer of title\ndiv 3.2 hdg (prev pt 3 div 2 hdg) renum R3 LA\nSale by person not the owner\ns 26 am A1990-20 s 4\nResale under voidable title\ns 27 am A2005-62 amdt 3.174\nSeller or buyer in possession after sale\ns 29 am A2005-62 amdt 3.174\nEffects of writs of execution\ns 30 am A1994-61 s 82; A2005-62 amdt 3.174\nDelivery of wrong quantity\ns 34 ss renum R3 LA\nDelivery to carrier\ns 36 ss renum R3 LA\nam A2025-29 amdt 3.301\nAcceptance\ns 39 am Ord1975-39 s 4\nGeneral\ndiv 5.1 hdg (prev pt 5 div 1 hdg) renum R3 LA\nUnpaid seller defined\ns 42 am A2025-29 amdt 3.302\nUnpaid seller’s rights\ns 43 am A2025-29 amdt 3.303\nUnpaid seller’s lien\ndiv 5.2 hdg (prev pt 5 div 2 hdg) renum R3 LA\nPart delivery\ns 45 am A2025-29 amdt 3.303\nTermination of lien\ns 46 am A2025-29 amdt 3.303\nStoppage in transitu\ndiv 5.3 hdg (prev pt 5 div 3 hdg) renum R3 LA\n\nEndnotes\n4 Amendment history\npage 38 Sale of Goods Act 1954\nEffective: 26/11/25\nR5\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nResale by buyer or seller\ndiv 5.4 hdg (prev pt 5 div 4 hdg) renum R3 LA\nEffect of sub-sale or pledge by buyer\ns 50 am A2005-62 amdt 3.174; A2025-29 amdt 3.304, amdt 3.305\nRemedies of seller\ndiv 6.1 hdg (prev pt 6 div 1 hdg) renum R3 LA\nRemedies of buyer\ndiv 6.2 hdg (prev pt 6 div 2 hdg) renum R3 LA\nExclusion of implied terms and conditions\ns 58 om A2001-77 s 27\nAuction sales\ns 60 am A2025-29 amdt 3.306, amdt 3.307\nSavings\ns 62 am Ord1975-39 s 5; ss renum R3 LA\nDictionary\ndict ins A2005-62 amdt 3.175\ndef action reloc from s 5 A2005-62 amdt 3.172\ndef buyer reloc from s 5 A2005-62 amdt 3.172\ndef contract of sale reloc from s 5 A2005-62 amdt 3.172\ndef delivery reloc from s 5 A2005-62 amdt 3.172\ndef document of title reloc from s 5 A2005-62 amdt 3.172\ndef fault reloc from s 5 A2005-62 amdt 3.172\ndef future goods reloc from s 5 A2005-62 amdt 3.172\ndef goods reloc from s 5 A2005-62 amdt 3.172\ndef mercantile agent reloc from s 5 A2005-62 amdt 3.172\nam A2025-29 amdt 3.308\ndef plaintiff reloc from s 5 A2005-62 amdt 3.172\ndef property reloc from s 5 A2005-62 amdt 3.172\ndef quality reloc from s 5 A2005-62 amdt 3.172\ndef sale reloc from s 5 A2005-62 amdt 3.172\ndef seller reloc from s 5 A2005-62 amdt 3.172\ndef sheriff am A1994-61 s 81\nreloc from s 5 A2005-62 amdt 3.172\ndef specific goods reloc from s 5 A2005-62 amdt 3.172\ndef warranty reloc from s 5 A2005-62 amdt 3.172\n\nEndnotes\nEarlier republications 5\nR5\n26/11/25\nSale of Goods Act 1954\nEffective: 26/11/25\npage 39\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication No Amendments to Republication date\n1 A1990-20 31 October 1991\n2 A1994-61 10 April 1995\n3 A2001-77 9 April 2002\n4 A2005-62 11 January 2006\n© Australian Capital Territory 2025","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The Act continues to define and regulate contracts for the sale of goods in the ACT — its core scope is unchanged: formation of sale contracts, implied terms, passing of property and risk, delivery rules, unpaid seller rights and remedies (see Parts 2–6). The republication consolidates prior amendments and editorial updates (About this republication; Endnotes 3–4) but does not alter the Act’s fundamental subject-matter or replace its statutory framework. Specific provisions have been amended over time (see Endnotes and Amendment history) but those amendments adjust or clarify mechanics rather than change the overall scope of goods-sale regulation."},"complexity_factors":["Interplay between property and risk rules that depend on parties’ intent and factual findings (ss 21–25, 23).","Numerous implied terms (title, quality, fitness, correspondence with description/sample) with statutory exceptions and interaction with express terms (ss 17–20, 20).","Operational steps and timing requirements (delivery, carriage, notice for stoppage) that impose procedural burdens (ss 33, 36, 49).","Cross-references and preservation of other legal regimes and common law remedies (s 26(2); s 62), requiring multi-source legal analysis.","Use of open standards and fact-based tests such as 'reasonable time' and 'honestly' that transfer complexity to courts (s 4(b); s 4(a)).","Multiple seller remedies with conditional triggers (lien, stoppage in transitu, resale; ss 43–51) that can overlap and affect third parties and creditors."],"plain_english_summary":"What this law does, mechanically\n\n- The Sale of Goods Act 1954 sets the legal rules for buying and selling physical goods in the Australian Capital Territory. It defines a contract of sale (s 6) and then gives rules about how such contracts are made, what they must contain, what each party must do, how property and risk pass between seller and buyer, what remedies are available when contracts are broken, and special rules for auctions and resale (see Parts 2–7). The Act also includes a dictionary of defined terms that are used throughout the Act (s 2; Dictionary).\n\nWho it affects\n\n- The Act binds commercial and private parties engaged in transactions for goods: sellers, buyers, carriers and bailees, mercantile agents, and persons holding documents of title (see definitions in the Dictionary). It also affects third parties who take documents of title honestly for value (s 50) and enforcement officers such as sheriffs (s 30; Dictionary).\n\nWhy it matters (official purpose-claims and how they work mechanically)\n\n- The Act provides a statutory framework for predictable allocation of rights and duties in sales of goods, including implied obligations about title, possession, quality and fitness (ss 17–19), formalities and when contracts are formed (ss 8, 10–11, 13), the moment property and risk pass (ss 21–25), delivery and inspection (ss 31–41), and remedies for breach (ss 52–57). The republication notes explain that this version consolidates prior amendments and editorial updates (About this republication; Endnotes 1, 3, 4). Those are factual statements about the text and not arguments about policy.\n\nTesting the Act’s stated mechanisms against costs, incentives and trade-offs\n\n- Who pays and who bears risk: The buyer is obliged to pay and accept goods; the seller is obliged to deliver (s 31). Property and, generally, risk pass to the buyer when the parties intend the property to pass; in the normal rules risk passes with property (s 25) so buyers bear loss once property passes. If delivery is delayed through fault, the party at fault bears loss (s 25(2)). These rules create a strong incentive for sellers to be explicit about when property passes (s 23–24) and for buyers to arrange payment/insurance appropriately (s 36(4)).\n\n- Incentives for contractual detail: Many outcomes turn on the parties’ expressed intentions, or on factual standards such as what is a “reasonable” time or price (s 4(b); s 13(2)). That incentivises private parties to record clearer contract terms (place and time of delivery, reservation of disposal, who contracts with carriers) to avoid judicial fact-finding (s 22–24; s 33).\n\n- Benefits concentrated, costs diffuse: The Act grants concentrated, enforceable rights to unpaid sellers (lien, stoppage in transitu, resale — ss 43–51). Those rights benefit sellers who retain possession or who can act quickly; costs fall on buyers, their creditors and carriers if sellers exercise stoppage or lien. Where the buyer becomes insolvent, sellers can resume possession while goods are in transit (s 47) — a concrete mechanism that benefits sellers and affects buyer-creditor recovery.\n\n- Compliance burden and transaction costs: The Act requires parties to take certain operational steps to protect rights: reserving disposal in shipment documents (s 24(3)); contracting with carriers reasonably on buyer’s behalf if authorised (s 36(2)); giving effective notices to carriers to effect stoppage (s 49). Those steps create modest administrative costs (documentation, notices, insurance) and practical coordination obligations.\n\n- Judicial discretion and factual uncertainty: Several provisions depend on judicial interpretation of factual questions (e.g. when property passes — ss 22–23; what is a reasonable time or reasonable price — s 4(b), s 13(2); whether a clause is a condition or warranty — s 16). That produces implementation risk and litigation costs where contracts are silent or ambiguous.\n\n- Effects on private enterprise and market behaviour: The Act preserves contractual freedom (it allows parties to fix price, allocate delivery and risk — ss 13, 23, 24), but it also imposes non-negotiable statutory implied terms in some cases (title, possession, freedom from undisclosed charges — s 17; correspondence with description — s 18; fitness and merchantable quality subject to specified limits — s 19). Those implied terms constrain sellers’ ex ante behaviour (quality control, disclosure) and can influence pricing to reflect the statutory risk of liability.\n\n- Interaction with other law: The Act expressly preserves and interacts with other statutes and common law: it does not affect the Mercantile Law Act 1962 or the Registration of Interests in Goods Act 1990 (s 26(2)), and it preserves common law and equitable remedies where not inconsistent (s 62). Parties and advisers must therefore consider multiple sources when structuring transactions.\n\nKey practical points with section references\n\n- Definition and scope: contract of sale defined (s 6); Dictionary defines buyer, seller, goods, document of title, specific goods, etc. (Dictionary).  \n- Implied obligations: seller’s implied title and quiet possession (s 17); goods to correspond to description or sample (ss 18, 20); fitness and merchantable quality where made known (s 19).  \n- Passing property and risk: rules to ascertain intention and specific presumptions (ss 21–25; see especially ss 23 and 25).  \n- Delivery and carriers: place and time of delivery default rules, seller’s duty to contract with carrier on buyer’s behalf when authorised, and notice requirements for sea transit (ss 33, 36).  \n- Unpaid seller remedies: lien, stoppage in transitu and resale; method and limits of stoppage (ss 43–51).  \n- Remedies on breach: action for price, damages for non-acceptance or non-delivery, specific performance in some cases (ss 52–55).  \n\nTrade-offs and likely substitution effects\n\n- Parties who wish to avoid statutory defaults will generally have to contract expressly (place/time of delivery; risk transfer; price-fixing; reservation of disposal) because many outcomes turn on the parties’ expressed intentions (s 23).  \n- Sellers dealing in goods of a particular description remain exposed to implied quality and fitness obligations (s 19), so some sellers will alter standard terms, warranty disclaimers (where permitted), or prices to allocate that risk.\n\nImplementation and enforcement risks\n\n- The Act assumes courts will resolve factual questions where parties are silent (ss 22–23, 4(b)). Where parties expect certainty they must contract expressly.  \n- Operational missteps (failing to reserve disposal in shipping documents (s 24(3)); failing to give effective stoppage notice to a carrier in time (s 49(3))) can defeat statutory protections and create losses.\n\nNet effect on private choice and commercial practice\n\n- The Act supplies a predictable legal baseline that parties can accept by silence or displace by contract. It creates minimum buyer protections (implied terms) and seller protections (lien, stoppage, resale) that shape contracting behaviour: businesses will document terms about title, delivery, risk, inspections and shipment documents to secure or avoid statutory defaults (see ss 17–25, 31–41, 43–51)."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains true to its original 1954 purpose as a codification of sale of goods law. While it has been modernised editorially (gender-neutral language, updated penalties) and adjusted for related ACT legislation (Registration of Interests in Goods Act 1990, Magistrates Court changes), it has not expanded beyond regulating commercial sales of goods. The 2001 removal of section 58 (exclusion of implied terms) actually narrowed scope by removing a provision that allowed parties to contract out of consumer protections."},"complexity_factors":["Moderate length at 62 sections plus dictionary, but highly structured with 7 Parts and multiple Divisions","19 defined terms in the Dictionary including technical concepts like 'document of title', 'mercantile agent', and 'emblements'","Extensive cross-referencing between Parts, particularly between property transfer rules (Part 3) and unpaid seller's rights (Part 5)","Conditional logic throughout, especially in sections 23 (8 subsections with multiple conditions for when property passes) and 48 (7 subsections defining when transit ends)","Interaction with other legislation preserved by savings provisions (section 62), including common law, equity, and specific statutes like the Mercantile Law Act 1962","Historical baggage: originally a 1954 Commonwealth ordinance, converted to ACT law in 1989, with amendments spanning 70 years creating some drafting inconsistencies","Gender-neutral language updates in 2025 (amdt 3.298-3.308) modernising 1950s drafting"],"plain_english_summary":"This is the Australian Capital Territory's **Sale of Goods Act 1954**, which sets out the legal rules for buying and selling physical goods (not services or real estate) in the ACT.\n\n**What it does:**\nThe Act creates a comprehensive framework governing commercial transactions where ownership of goods transfers from seller to buyer for a price. It covers the entire lifecycle of a sale—from how contracts are formed, to when ownership actually changes hands, to what happens when things go wrong.\n\n**Key areas covered:**\n\n- **Forming contracts** (Part 2): You can make a sale verbally, in writing, or just by behaving like you've made a deal. The Act covers sales of existing goods and future goods (things not yet made or acquired). If specific goods have been destroyed before the sale, the contract is void.\n\n- **Quality and description** (Division 2.5): Sellers give automatic legal promises (called **implied terms**) that they have the right to sell the goods, that the goods match their description, and that they're of acceptable quality (**merchantable quality**) and fit for purpose—unless sold under a trade name or examined by the buyer.\n\n- **When ownership transfers** (Part 3): The Act sets rules for when property (legal ownership) passes from seller to buyer. Generally, risk follows ownership—if the goods are destroyed after you legally own them, that's your problem, not the seller's.\n\n- **Protecting buyers from dodgy sellers** (Division 3.2): If someone sells goods they don't own, the buyer usually doesn't get good title (legal ownership). But there are exceptions protecting innocent buyers who buy honestly without knowing about the dodgy dealing.\n\n- **Delivery and payment** (Part 4): Unless agreed otherwise, delivery and payment happen simultaneously. Buyers can reject goods if the wrong quantity arrives or if they don't match the contract, and they get a reasonable chance to inspect goods before being stuck with them.\n\n- **Unpaid sellers' rights** (Part 5): If the buyer hasn't paid and becomes insolvent (can't pay debts as they fall due), the seller can hold onto the goods (**lien**) or stop goods in transit (**stoppage in transitu**) even after they've been dispatched.\n\n- **Remedies for breach** (Part 6): If either party breaks the contract, the other can sue for damages (compensation). Sellers can sue for the price; buyers can claim for non-delivery or poor quality. Courts can also order **specific performance** (forcing the seller to deliver exact goods) for unique items.\n\n**Who it affects:**\nAnyone buying or selling goods in the ACT—businesses, consumers, and traders. It applies alongside the Australian Consumer Law but provides specific rules for commercial sales that the Consumer Law doesn't cover.\n\n**Why it matters:**\nThis Act fills gaps in private agreements. Even if your contract is silent on quality, delivery, or ownership transfer, these rules apply automatically. It balances protecting sellers (who retain rights to goods until paid) with protecting buyers (who get guarantees about what they're buying)."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/sale-of-goods-act-1954","history":"/api/acts/sale-of-goods-act-1954/history","analysis":"/api/acts/sale-of-goods-act-1954/analysis","conflicts":"/api/acts/sale-of-goods-act-1954/conflicts","importantCases":"/api/acts/sale-of-goods-act-1954/important-cases","documents":"/api/acts/sale-of-goods-act-1954/documents"}}