{"id":"warehouse-liens-and-storage-act-1990","name":"Warehouse Liens and Storage Act 1990","slug":"warehouse-liens-and-storage-act-1990","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":110740,"registerId":"sa-warehouse-liens-and-storage-act-1990-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Warehouse Liens and Storage Act 1990","content":"South Australia\nWarehouse Liens and Storage Act 1990\nAn Act to provide for a lien on goods stored in a warehouse; and for other purposes.\n\nContents\n1\tShort title\n4\tInterpretation\n5\tNon-derogation\n6\tLien\n7\tCharges covered by lien\n8\tNotice of interest in deposited goods\n9\tRight of sale to satisfy lien\n10\tNotice of intention to sell\n11\tSale\n12\tStay of proceedings for sale\n13\tPayment of charges before sale\n14\tDisposition of proceeds of sale\n14A\tIntermingled goods\n15\tFalse or misleading information\n16\tSummary offences\n17\tRegulations\nLegislative history\nAppendix—Divisional penalties and expiation fees\n\nThe Parliament of South Australia enacts as follows:\n1—Short title\nThis Act may be cited as the Warehouse Liens and Storage Act 1990.\n4—Interpretation\nIn this Act—\nbulk, in relation to goods, means a mass or collection of goods that are—\n\t(a)\tof the same kind; and\n\t(b)\tcontained in a defined space or area; and\n\t(c)\tinterchangeable with other goods of the same kind of the same number or quantity;\noperator of a warehouse means—\n\t(a)\tin section 14A—a person lawfully engaged in the business of storing goods for fee or reward;\n\t(b)\tin any other case—a person lawfully engaged in the business of storing goods for fee or reward as a bailee.\nNote—\nFor definition of divisional penalties (and divisional expiation fees) see Appendix.\n5—Non-derogation\nThis Act does not limit or derogate from any civil remedy at law or in equity.\n6—Lien\nSubject to this Act, an operator of a warehouse has a lien on goods deposited for storage in the warehouse (whether deposited before or after the commencement of this Act).\n7—Charges covered by lien\nThe lien is for the amount of—\n\t(a)\tlawful charges for storage and preservation of the goods; and\n\t(b)\tlawful claims for insurance, transportation, labour, weighing, packing and other expenses in relation to the goods; and\n\t(c)\treasonable costs incurred in selling the goods pursuant to this Act and in giving notice of intention to sell, and advertising the sale, in compliance with this Act.\n8—Notice of interest in deposited goods\nWhere a person deposits goods of which the person is not the absolute owner for storage with the operator of a warehouse, the person must notify the operator in writing of the name and address, if known, of each person who has, to his or her knowledge, an interest in the goods.\nPenalty: Division 8 fine.\n9—Right of sale to satisfy lien\nIf an amount, due and owing to the operator of a warehouse in respect of goods subject to a lien under this Act, has been due and owing for a period of at least six months, the operator may sell the goods in accordance with this Act to satisfy the lien.\n10—Notice of intention to sell\n\t(1)\tThe operator of the warehouse must give notice of an intention to sell—\n\t(a)\tto the person liable as debtor for the amount due and owing; and\n\t(b)\tto any person who has served on the operator a written notice of a claim to be the owner of the goods or to have an interest in the goods; and\n\t(c)\tto a person who holds an interest in the goods that is registered under any other Act and the existence of which is ascertainable by ordinary search of the relevant registers using the information known to the operator; and\n\t(d)\tto any other person who has an interest in the goods of which the operator has become aware.\n\t(2)\tThe notice must contain—\n\t(a)\ta brief description of the goods; and\n\t(b)\ta statement of the location of the warehouse where the goods are stored, the date of their deposit and the name of the person by whom they were deposited; and\n\t(c)\tan itemised statement of the charges due and owing at the time of the notice showing the total amount due; and\n\t(d)\ta demand that the charges as stated in the notice and any further charges that may accrue be paid on or before a specified day (being a day not less than one month after service of the notice); and\n\t(e)\ta statement that unless the charges are paid by the specified day the goods will be sold in accordance with this Act.\n\t(3)\tA notice required to be given under this section—\n\t(a)\tmust be in writing;\n\t(b)\tmay be served—\n\t(i)\tpersonally; or\n\t(ii)\tby post to the person's last known address; or\n\t(iii)\tif any person, or the address of a person, to whom it is to be given is unknown to the person giving notice—by advertisement published at least once a week for two consecutive weeks in a daily newspaper circulating generally throughout the State.\n\t(4)\tWhere a notice is served by advertisement, the notice is to be taken to have been given on the date on which the advertisement was last published.\n\t(5)\tWhere a notice required to be given under this section has been duly given but the provisions of subsection (2) have not been strictly complied with, a court before which the question arises may treat the notice as having complied with this section, if the court is satisfied—\n\t(a)\tthat there has been substantial compliance with the provisions; and\n\t(b)\tthat in all the circumstances of the case it is just and equitable to do so.\n11—Sale\n\t(1)\tIf the charges are not paid on or before the day specified in the notice, an advertisement of the sale of the goods must be published at least once a week for two consecutive weeks in a daily newspaper circulating generally throughout the State.\n\t(2)\tThe advertisement must describe the goods to be sold and set out the time and place of the sale.\n\t(3)\tThe sale cannot be held until at least 14 days after the date of the first publication of the advertisement.\n\t(4)\tThe sale must be by public auction unless the goods are of a class for which some other mode of sale has been prescribed.\n\t(5)\tIf it is necessary for any sealed or closed packages containing goods to be opened for the purposes of the advertisement or sale—\n\t(a)\tthe packages must be opened in the presence of two persons other than the operator of the warehouse; and\n\t(b)\tan inventory of the contents of the packages must be made; and\n\t(c)\tthe inventory must be verified by statutory declaration by those two other persons.\n12—Stay of proceedings for sale\n\t(1)\tWhere action has been instituted under this Act for the sale of goods, any person with an interest in the goods may apply—\n\t(a)\tif the value of the goods is within the jurisdictional limit of local courts of limited jurisdiction—to the local court of limited jurisdiction nearest to the warehouse in which the goods are stored; or\n\t(b)\tin any other case—to the local court of full jurisdiction nearest to the warehouse in which the goods are stored,\nfor an order prohibiting the taking of further action under this Act for the sale of the goods.\n\t(2)\tThe court, in granting an application under subsection (1), may order that no further action be taken under this Act for sale of the goods for such period and on such conditions as the court considers appropriate and specifies in the order.\n13—Payment of charges before sale\n\t(1)\tIf, at any time before goods are sold pursuant to this Act, the amount necessary to satisfy the lien on the goods is paid to the operator of the warehouse, no further proceedings for the sale of those goods may be taken.\n\t(2)\tIf, after the lien is satisfied by payment, the goods remain deposited with the operator of the warehouse, the goods are to be regarded as again deposited for storage as at the date of payment.\n\t(3)\tIf the payment is made by a person who is not primarily liable for the charges for which the lien on the goods exists, that person may recover the amount of the payment, together with interest at the rate of 10 per cent (or, if some other percentage is prescribed, that percentage) per annum calculated from the date of payment, as a debt from the person primarily liable for the charges.\n14—Disposition of proceeds of sale\n\t(1)\tThe lien may be satisfied from the proceeds of the sale.\n\t(2)\tThe surplus (if any) must, not less than 10 nor more than 21 days after the sale, be paid as follows:\n\t(a)\tif no written claim to the surplus is lodged with the operator of the warehouse within 10 days after the sale, it must be paid to the Treasurer;\n\t(b)\tif a claim is so lodged, it must be paid to the claimant unless the validity of the claim is uncertain or disputed or there are conflicting claims, in which case is must be paid—\n\t(i)\tif the amount of the surplus is within the jurisdictional limit of local courts of limited jurisdiction—to the local court of limited jurisdiction nearest to the warehouse in which the goods were stored; or\n\t(ii)\tin any other case—to the local court of full jurisdiction nearest to the warehouse in which the goods were stored.\n\t(3)\tThe operator of the warehouse must provide to the person or court to whom the surplus is paid—\n\t(a)\ta statement of account, verified by statutory declaration, showing how the amount of surplus has been computed; and\n\t(b)\tcopies of receipts for all charges covered by the lien on the goods.\n\t(4)\tThe operator of the warehouse is not liable to any person who does not lodge a written claim against the surplus with the operator within 10 days of the sale for any amount of surplus distributed.\n\t(5)\tA court into which money is paid under this section may order that the money be applied as the court considers appropriate and specifies in the order.\n\t(6)\tIf a written claim against the surplus paid to the Treasurer under this section is lodged with the Treasurer within 6 years of that payment and the treasurer is satisfied as to the validity of the claim, the Treasurer must pay the amount of the claim to the claimant.\n\t(7)\tThe Treasurer is not liable to any other person who later claims an amount distributed under subsection (6).\n\t(8)\tNothing in this section prejudices the right of any person to follow an amount of surplus into the hands of any claimant who has received it.\n\t(9)\tAn operator of a warehouse who fails to pay the surplus to the Treasurer or into court as required by this section is guilty of an offence.\nPenalty: A division 11 fine for each day during which the default continues.\n14A—Intermingled goods\n\t(1)\tThis section applies to goods that have been deposited with an operator of a warehouse by their owner (the depositor), or by his or her authority, and that have become intermingled with other goods of the same kind owned by, or deposited with, the operator of a warehouse so as to form a bulk.\n\t(2)\tAs from the time the goods become part of the bulk, unless the parties otherwise agree—\n\t(a)\tthe depositor's property in the goods becomes property in an undivided share in the bulk; and\n\t(b)\tthe depositor becomes an owner in common of the bulk; and\n\t(c)\tsubject to paragraph (d)—the depositor and the operator of the warehouse each have, in relation to the depositor's undivided share in the bulk, the same obligations as they would have had in relation to the goods had they not become part of the bulk; and\n\t(d)\tthe obligation of the operator of the warehouse to deliver the goods to, or to the order of, the depositor becomes an obligation to deliver an equivalent quantity of goods out of the bulk to, or to the order of, the depositor.\n\t(3)\tUnless the parties otherwise agree, the depositor's undivided share in the bulk at any time is the share that, at that time, is equivalent to the quantity of goods that have been deposited by the depositor less the quantity of goods that have been delivered out of the bulk to, or to the order of, the depositor.\n\t(4)\tIf at any time the aggregate of all depositors' undivided shares in the bulk exceeds the whole of the bulk, those shares are to be reduced proportionately so that the aggregate is equal to the bulk.\n\t(5)\tA person who has become an owner in common of the bulk will be taken to have consented to—\n\t(a)\tany delivery of goods out of the bulk to another owner in common of the bulk, being goods to which this section applies; and\n\t(b)\tany dealing with, or removal, delivery or disposal of, goods in the bulk by another owner in common of the bulk (but only to the extent of that other owner's undivided share in the bulk).\n\t(6)\tNo cause of action lies against a person by reason of that person's having acted in accordance with subsection (5)(a) or (b) in reliance on the consent that exists by virtue of that subsection.\n\t(7)\tThis section does not apply to goods deposited with the operator of a warehouse before the commencement of the Statutes Amendment (Bulk Goods) Act 2008.\n15—False or misleading information\nA person must not, in furnishing any information for the purposes of this Act, make a statement that is false or misleading in a material particular.\nPenalty: Division 7 fine.\n16—Summary offences\nOffences against this Act are summary offences.\n17—Regulations\n\t(1)\tThe Governor may make such regulations as are necessary or expedient for the purposes of, or as are contemplated by, this Act.\n\t(2)\tIn particular, the regulations may prescribe forms for the purposes of this Act.\nLegislative history\nNotes\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nFormerly\nWarehouse Liens Act 1990\nLegislation repealed by principal Act\nThe Warehouse Liens and Storage Act 1990 repealed the following:\nWarehousemen's Liens Act 1941\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n1990\n8\nWarehouse Liens Act 1990\n5.4.1990\n1.11.1990 (Gazette 4.10.1990 p1082)\n2008\n49\nStatutes Amendment (Bulk Goods) Act 2008\n4.12.2008\nPt 3 (ss 7—10)—12.12.2008 (Gazette 11.12.2008 p5476)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended by 49/2008 s 7\n12.12.2008\ns 1\namended by 49/2008 s 8\n12.12.2008\nss 2 and 3\nomitted under Legislation Revision and Publication Act 2002\n\ns 4\n\n\nbulk\ninserted by 49/2008 s 9\n12.12.2008\noperator of a warehouse\nsubstituted by 49/2008 s 9\n12.12.2008\ns 14A\ninserted by 49/2008 s 10\n12.12.2008\nAppendix—Divisional penalties and expiation fees\nAt the date of publication of this version divisional penalties and expiation fees are, as provided by section 28A of the Acts Interpretation Act 1915, as follows:\n\nDivision\nMaximum imprisonment\nMaximum fine\nExpiation fee\n1\n15 years\n$60 000\n—\n2\n10 years\n$40 000\n—\n3\n7 years\n$30 000\n—\n4\n4 years\n$15 000\n—\n5\n2 years\n$8 000\n—\n6\n1 year\n$4 000\n$300\n7\n6 months\n$2 000\n$200\n8\n3 months\n$1 000\n$150\n9\n–\n$500\n$100\n10\n–\n$200\n$75\n11\n–\n$100\n$50\n12\n–\n$50\n$25\nNote: This appendix is provided for convenience of reference only.","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The original 1990 Act was titled 'Warehouse Liens Act 1990' and focused solely on liens and sale of stored goods. The 2008 amendment (Statutes Amendment (Bulk Goods) Act 2008) significantly expanded the scope by adding section 14A, which deals with 'intermingled goods' and creates a statutory regime for co-ownership of bulk goods. This transformed the Act from a simple debt-recovery mechanism into a piece of legislation that also governs property rights in commingled goods, effectively incorporating aspects of commercial property law that previously relied on common law or contract. The long title was amended from 'An Act to provide for a lien on goods stored in a warehouse' to include 'and for other purposes' to accommodate this expansion."},"complexity_factors":["Moderate length (17 sections plus appendix) with straightforward structure","Only 2 defined terms in the interpretation section ('bulk' and 'operator of a warehouse'), though 'operator' has a conditional definition that varies by section","Clear procedural steps for sale (notice → advertising → auction) but with multiple sub-requirements (section 10 has 5 subsections, section 11 has 5 subsections)","Nested conditional logic in section 14 regarding surplus distribution (if/then/else chains involving courts, Treasurer, and claimants)","Cross-reference to external penalty framework (Divisional penalties in Appendix referencing Acts Interpretation Act 1915)","Section 14A introduces complex property law concepts (co-ownership, undivided shares, proportional reduction) for bulk goods","Multiple exceptions and safeguards: court can excuse imperfect notice (s 10(5)), payment stops sale (s 13), court can stay proceedings (s 12)"],"plain_english_summary":"**What this law does:**\n\nThis Act gives warehouse operators in South Australia a legal right (called a **lien**) to hold onto goods stored in their warehouse until they are paid what they are owed. If someone doesn't pay their storage fees for at least six months, the warehouse operator can eventually sell those goods to recover the money owed.\n\n**Who it affects:**\n\n- **Warehouse operators** – people or businesses lawfully storing goods for a fee\n- **Depositors** – people who leave goods in storage (whether they own the goods or not)\n- **Owners and other interested parties** – anyone with a legal claim to the goods (like a bank with a mortgage over them)\n\n**Key protections and processes:**\n\n- **The lien** covers storage fees, insurance, transport, labour, and costs of selling the goods\n- **Before selling**, the operator must give written notice to the debtor and anyone with a known interest in the goods, allowing at least one month to pay\n- **Sale must be by public auction** (unless regulations say otherwise) with newspaper advertising for two consecutive weeks\n- **Surplus proceeds** (money left over after paying what's owed) must go to the Treasurer if unclaimed, or to court if there are disputes\n- **Intermingled goods** – special rules for when identical goods get mixed together in a \"bulk\" (like grain in a silo), allowing depositors to own a share of the whole bulk rather than specific items\n\n**Why it matters:**\n\nThis balances the warehouse operator's need to get paid against protecting property owners. It creates a clear, step-by-step process so storage businesses don't go broke waiting for payment, while giving owners multiple chances to pay and recover their goods. The 2008 addition about \"intermingled goods\" modernised the law for industries like agriculture where bulk storage is common.\n\n**Important note:** This Act doesn't take away any other legal remedies – it's an extra tool warehouse operators can use."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act originally dealt only with traditional warehouse liens on specific stored goods. The 2008 amendment (Statutes Amendment (Bulk Goods) Act 2008) expanded its scope to include intermingled goods (bulk storage), creating rules for co-ownership and proportional shares. This broadened the application to modern storage practices where goods of the same kind are mixed."},"complexity_factors":["Multiple defined terms (e.g., 'bulk', 'operator') with specific meanings","Procedural requirements for notice, sale, and distribution of proceeds with multiple steps and time limits","Court involvement for stays of sale and surplus disputes","Provisions for intermingled goods creating co-ownership rights and proportional shares","Cross-references to divisional penalties and other Acts","Conditional logic in sections 10(5) (substantial compliance) and 14A (intermingled goods exception)"],"plain_english_summary":"This South Australian law gives warehouse operators a legal right (called a 'lien') to hold onto goods that have been stored with them until the storage fees are paid. If the fees remain unpaid for at least six months, the operator can sell the goods to recover the money owed.\n\n**Who does it affect?**\n- **Warehouse operators** – they get the right to claim unpaid charges and sell goods.\n- **People who store goods** – if they don't pay, they risk losing their goods.\n- **Others with an interest in the goods** (e.g., owners, lenders) – they must be notified before a sale and can claim surplus proceeds after the sale.\n\n**How does it work mechanically?**\n1. The operator must give written notice of their intention to sell, including an itemised bill, to the depositor and any other known interested parties. If the address is unknown, they can advertise in a newspaper.\n2. The notice gives at least one month to pay. If not paid, the operator must advertise the sale in a newspaper for two consecutive weeks.\n3. The sale is by public auction, at least 14 days after the first advertisement.\n4. If the goods are in sealed packages, they must be opened in front of two witnesses.\n5. After the sale, the operator keeps enough to cover the charges and costs. The remaining money (surplus) must be paid to the Treasurer or into a local court if there are disputes.\n6. If someone later claims the surplus from the Treasurer within six years, they can get it back if the claim is valid.\n\n**Intermingled goods (added in 2008):**\nIf goods of the same kind are mixed together in a bulk storage, the depositor becomes a part-owner of the bulk. The warehouse operator must deliver an equivalent quantity from the bulk when required.\n\n**Penalties:**\nGiving false or misleading information is an offence. Failing to pay the surplus to the Treasurer is a daily fine.\n\nThis law sets out the rights of warehouse operators to be paid and the protections for depositors and other interested parties."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Unable to assess whether scope changed from original intent — no legislative text was retrieved. The submission contained only a website 404 error page from the SA legislation website."},"complexity_factors":["No legislative text was returned — only a website error page","Cannot assess complexity without access to the actual Act","Score of 1 reflects absence of content to analyse, not simplicity of the underlying law"],"plain_english_summary":"**No legislation content was retrieved.**\n\nThe link provided for the *Warehouse Liens and Storage Act 1990* (South Australia) returned a **\"Page Not Found\"** error from the SA legislation website. This appears to be caused by a broken or outdated hyperlink following a website update on 24 March 2026.\n\n**What this means for you:** No analysis of the actual Act can be provided because the legislative text was not accessible. If you need to find this law, try:\n- Visiting [www.legislation.sa.gov.au](https://www.legislation.sa.gov.au) directly and searching for the Act by name\n- Emailing the Office of Parliamentary Counsel at OPCWeb@sa.gov.au\n- Checking a legal database such as AustLII or LexisNexis\n\n**About the Act generally (from general knowledge):** The *Warehouse Liens and Storage Act 1990* (SA) deals with the rights of warehouse operators (people who store goods for others) to hold onto goods — and potentially sell them — when storage fees go unpaid. It affects businesses that store goods commercially and their customers."}},"importantCases":[],"_links":{"self":"/api/acts/warehouse-liens-and-storage-act-1990","history":"/api/acts/warehouse-liens-and-storage-act-1990/history","analysis":"/api/acts/warehouse-liens-and-storage-act-1990/analysis","conflicts":"/api/acts/warehouse-liens-and-storage-act-1990/conflicts","importantCases":"/api/acts/warehouse-liens-and-storage-act-1990/important-cases","documents":"/api/acts/warehouse-liens-and-storage-act-1990/documents"}}