{"id":"warehousemens-liens-act-1969","name":"Warehousemen's Liens Act 1969","slug":"warehousemen-s-liens-act-1969","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30709,"registerId":"nt-warehousemens-liens-act-1969-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Warehousemen's Liens Act 1969","content":"NORTHERN TERRITORY OF AUSTRALIA\nWAREHOUSEMEN'S LIENS ACT 1969\nAs in force at 3 March 2023\nTable of provisions\n1 Short title ......................................................................................... 1\n2 Commencement .............................................................................. 1\n3 Definitions ........................................................................................ 1\n4 Declaration of warehouseman's lien ................................................ 1\n5 Charges covered by the lien ............................................................ 1\n6 Necessity of notice by warehouseman ............................................ 2\n7 Notice by person depositing goods.................................................. 3\n8 Power to sell goods ......................................................................... 3\n9 Payment of charges before sale ...................................................... 4\n10 No action by reason of sale ............................................................. 5\n11 Disposition of proceeds of sale ........................................................ 5\n12 Service of notices ............................................................................ 6\n13 Notice – substantial compliance ...................................................... 6\n15 Certain liens, rights, &c., not to be affected by Act .......................... 7\n16 Sales otherwise prohibited are not authorized by Act ...................... 7\n17 Auction to be held by licensed person ............................................. 7\nENDNOTES\n\n\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 3 March 2023\n____________________\nWAREHOUSEMEN'S LIENS ACT 1969\nAn Act to amend the law relating to the warehousing of goods\n1 Short title\nThis Act may be cited as the Warehousemen's Liens Act 1969.\n2 Commencement\nThis Act shall come into operation on a date to be fixed by the\nAdministrator by notice in the Gazette.\n3 Definitions\nIn this Act unless the contrary intention appears:\nPPS Act means the Personal Property Securities Act 2009 (Cth).\nwarehouseman means a person lawfully engaged in the business\nof storing goods as a bailee for hire or reward.\n4 Declaration of warehouseman's lien\nSubject to the provisions of section 6 every warehouseman shall\nhave a lien on goods deposited with him for storage.\n5 Charges covered by the lien\n(1) The lien referred to in section 4 shall be for the amount of:\n(a) all lawful charges of the warehouseman for storage and\npreservation of the goods;\n(b) all lawful claims of the warehouseman for insurance,\ntransportation, labour, weighing, packing, coopering and other\nexpenses in relation to the goods; and\n(c) where default is made in satisfying the lien charged on the\ngoods by virtue of the preceding provisions of this subsection\nall reasonable charges of the warehouseman for notice and\nadvertisement of an intended sale of the goods and, if the\ngoods are sold, for the sale of the goods.\n\nWarehousemen's Liens Act 1969 2\n(2) Where the charges referred to in paragraph (c) of subsection (1)\nare incurred with respect to more than one item of goods, those\ncharges shall, with respect to any one item, be deemed to be an\namount that bears the same proportion to the total charges as the\namount of the lien charged on the item by virtue of the other\nprovisions of that subsection bears to the amount of the lien\ncharged on all the items by virtue of other provisions.\n6 Necessity of notice by warehouseman\n(1) The warehouseman must, within 3 months after the date of the\ndeposit of goods with the warehouseman, give notice of the lien on\nthe goods to a person if:\n(a) the goods are of, or greater than, medium value as defined in\nsection 4 of the Uncollected Goods Act 2004; and\n(b) one of the following applies:\n(i) the person has an interest in the goods in relation to\nwhich a registration was made under the PPS Act before\nthe deposit of the goods and the registration is in effect;\n(ii) the person has an interest in the goods that the\nwarehouseman is aware of at any time before the\nexpiration of 2 months after the deposit of the goods.\n(2) Notice of a lien on goods:\n(a) shall be in writing; and\n(b) shall contain:\n(i) a brief description of the goods;\n(ii) a statement showing the situation of the warehouse\nwhere the goods are stored, the date of their deposit\nwith the warehouseman and the name of the person by\nwhom they were deposited; and\n(iii) a statement that a lien is claimed by the warehouseman\nin respect of the goods.\n(3) Where the warehouseman fails to give the notice required by this\nsection, his lien, as against the person to whom he fails to give\nnotice, shall be void as from the expiration of the period of 3 months\nfrom the date of the deposit of the goods.\n\nWarehousemen's Liens Act 1969 3\n7 Notice by person depositing goods\nA person shall, on depositing goods with a warehouseman for\nstorage, give notice in writing to the warehouseman of the name,\nand, if known, the address of every person whom the\nfirst-mentioned person knows has an interest in the goods.\nMaximum penalty: 1.7 penalty units.\n8 Power to sell goods\n(1) In addition to all other remedies provided by law for the\nenforcement of liens or for the recovery of warehousemen's\ncharges a warehouseman may sell by public auction any goods\nupon which the warehouseman has a lien for charges which have\nbecome due.\n(2) The warehouseman must give written notice of the\nwarehouseman's intention to sell to the following:\n(a) the person liable as debtor for the charges for which the lien\nexists;\n(b) any person who has served upon the warehouseman a notice\nof a claim to be the owner of the goods or of some interest\ntherein or of whose interest the warehouseman has received\nnotice;\n(c) any person who holds an interest in the goods that is\nregistered under any other Act and the existence of which is\nascertainable by ordinary search of the relevant registers\nusing the information known to the warehouseman;\n(d) any other person of whose interest in the goods the\nwarehouseman has knowledge.\n(3) The notice must contain:\n(a) a brief description of the goods;\n(b) a statement showing the situation of the warehouse where the\ngoods are stored, the date of their deposit with the\nwarehouseman and the name of the person by whom they\nwere deposited;\n(c) an itemized statement of the warehouseman's charges\nshowing the sum due at the time of the notice;\n(d) a demand that the amount of the charges as stated in the\nnotice and such further charges as may accrue be paid on or\n\nWarehousemen's Liens Act 1969 4\nbefore a day mentioned, not less than one month from the\ndelivery of the notice if it is personally delivered, or from the\ntime when the notice should reach its destination according to\nthe due course of post if it is sent by post; and\n(e) a statement that unless the charges are paid within the time\nmentioned the goods will be advertised for sale and sold by\npublic auction, or (as the case may require) by such method\nand at a time and place specified in the notice.\n(4) If the charges are not paid on or before the day mentioned in the\nnotice, an advertisement of the sale, describing the goods to be\nsold, and stating the time and place of the sale, must be published\nat least twice in a daily newspaper printed and published in the City\nof Darwin and in a newspaper printed and published in the Town of\nAlice Springs, the first publication appearing not less than 14 days\nbefore the day of the sale and the second publication appearing not\nless than 7 days after the first.\n(5) The sale must be held not less than 14 days from the date of the\nfirst publication of the advertisement.\n(6) For the purpose of advertising in accordance with the provisions of\nthis section, the warehouseman may without liability for damage\ntake all reasonable steps (including the opening of sealed or closed\nboxes or packages) to ascertain the nature and description of the\ngoods to be sold.\n(7) If, pursuant to subsection (6), any box or package is opened the\nsame must be opened in the presence of 2 other persons who must\nmake, sign and verify by statutory declaration an inventory of the\ncontents thereof.\n(8) The Local Court may, on the application of any person having any\ninterest in the goods made at any time after the service of the\nnotice, make an order staying further proceedings under this\nsection for such period and on such terms as it deems just.\n(9) This section applies only to cases in which some part of the\ncharges in arrear are in respect of a period more than 12 months\nprior to the date upon which the notice of intention to sell is given.\n(10) For the purposes of a sale of goods under this section, the\nwarehouseman is taken to be the absolute owner of the goods.\n9 Payment of charges before sale\n(1) If, at any time before the goods are sold under section 8, a person\nclaiming an interest in, or a right of possession of, the goods or a\npart of the goods pays to the warehouseman the amount necessary\n\nWarehousemen's Liens Act 1969 5\nto satisfy the warehouseman's lien on the goods or the part of the\ngoods to which the person's claim relates, as the case may be, no\nfurther proceedings for the sale of the goods or the part of the\ngoods to which the person's claim relates, as the case may be,\nshall be taken.\n(2) If, after payment is made to satisfy a lien on goods, being payment\nmade in pursuance of subsection (1), the goods are left deposited\nwith the warehouseman for storage, the warehouseman shall be\ndeemed to retain the goods according to the terms of the original\ncontract of deposit.\n(3) A person who, in pursuance of subsection (1), makes a payment to\nsatisfy a lien on goods for charges for which the person is not\nprimarily liable may recover the amount of the payment, together\nwith interest on that amount at the rate of 12% per annum\ncalculated from the date of payment, as a debt due to him from the\nperson primarily liable to pay the charges.\n10 No action by reason of sale\nNo action lies against any person by reason of a sale of goods in\naccordance with this Act.\n11 Disposition of proceeds of sale\n(1) A warehouseman shall pay into the Local Court so much, if any, of\nthe proceeds of a sale of goods made in pursuance of section 8 as\nis not required to satisfy his lien on the goods.\nMaximum penalty: 4 penalty units or imprisonment for\n6 months.\n(2) When making a payment into Court under subsection (1), a\nwarehouseman shall deliver to a registrar of the Local Court:\n(a) a statement of account showing how the amount paid in has\nbeen computed; and\n(b) a copy of each notice of his intention to sell the goods given\nby the warehouseman in pursuance of section 8.\nMaximum penalty: 1.7 penalty units.\n(3) Moneys paid into the Court under subsection (1) may, upon the\norder of the Court, be applied as the Court thinks fit.\n\nWarehousemen's Liens Act 1969 6\n(4) Where the Court has not, within 12 months after the payment of\nmoneys into the Court under subsection (1), made an order with\nrespect to the moneys, the moneys shall be paid into the Central\nHolding Authority.\n12 Service of notices\n(1) A notice by a warehouseman under this Act may be given to a\nperson:\n(a) personally;\n(b) by registered post addressed to the person at the last address\nof the person known to the warehouseman; or\n(c) where the warehouseman does not know an address of the\nperson – by an advertisement published twice in a daily\nnewspaper printed and published in the City of Darwin and in\na newspaper printed and published in the Town of Alice\nSprings with an interval of at least 7 days between the\nadvertisements.\n(2) A notice given by advertisement in accordance with paragraph (c)\nof subsection (1) shall, for the purposes of this Act, be deemed to\nhave been given on the date of the second publication of the\nadvertisement.\n13 Notice – substantial compliance\nWhere:\n(a) a notice of lien or a notice of intention to sell purports to have\nbeen given under this Act but the provisions of this Act with\nrespect to the giving of the notice have not been strictly\ncomplied with; and\n(b) a court before which a question respecting the notice is tried\nor inquired into considers that:\n(i) those provisions have been substantially complied with;\nor\n(ii) it would be inequitable that the lien or sale should be\ndeemed to be void by the reason of non-compliance,\nan objection to the sufficiency of the notice shall not be allowed to\nprevail so as to release or discharge the goods from the lien or\nvitiate the sale.\n\nWarehousemen's Liens Act 1969 7\n15 Certain liens, rights, &c., not to be affected by Act\nNothing in this Act shall be construed as abrogating, limiting or in\nany manner affecting:\n(a) any lien or power of sale or other right (whether arising under\ncontract or by operation of law) which a warehouseman may\nhave apart from this Act in respect of any goods stored by\nhim; or\n(b) the enforcement of such lien or the exercise of any such\npower or right.\n16 Sales otherwise prohibited are not authorized by Act\n(1) This Act does not authorize the sale by public auction by a\nwarehouseman of any goods if the sale by public auction of those\ngoods is prohibited by a law in force in the Territory.\n(2) This Act does not authorize the sale by public auction by a\nwarehouseman of any goods if the sale by the warehouseman of\nthose goods is prohibited by any other law in force in the Territory.\n17 Auction to be held by licensed person\nAn auction held in accordance with the provisions of this Act, shall\nbe conducted by a person who holds a licence granted and in force\nunder the Auctioneers Act 1935.\n\nENDNOTES\nWarehousemen's Liens Act 1969 8\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nWarehouseman's Liens Ordinance 1969 (Act No. 59, 1969)\nAssent date 10 December 1969\nCommenced 7 January 1970 (Gaz No. 1, 7 January 1970)\nOrdinances Revision Ordinance 1973 (Act No. 87, 1973)\nAssent date 11 December 1973\nCommenced 11 December 1973 (s 12(2))\nAmending Legislation\nOrdinances Revision Ordinance 1974 (Act No. 34, 1974)\nAssent date 26 August 1974\nCommenced 11 December 1973 (s 3(2))\nOrdinances Revision Ordinance (No. 2) 1974 (Act No. 69, 1974)\nAssent date 24 October 1974\nCommenced 11 December 1973 (s 3)\nOrdinances Revision Ordinance 1976 (Act No. 27, 1976)\nAssent date 28 June 1976\nCommenced ss 1, 2 and 6: 28 June 1976 (s 6(2));\nss 3 and 4: 11 December 1973; s 5: 24 October 1974\nLocal Court (Consequential Amendments) Act 1989 (Act No. 14, 1989)\nAssent date 5 June 1989\nCommenced s 6: 5 June 1989; rem: 1 January 1991 (s 2, s 2 Small Claims\nAmendment Act 1988 (Act No. 43, 1988), Gaz G17,\n3 May 1989, p 2, s 2 Local Court Act 1989 (Act No. 31, 1989)\nand Gaz G49, 12 December 1990, p 2)\nStatute Law Revision Act 2008 (Act No. 6, 2008)\nAssent date 11 March 2008\nCommenced 11 March 2008\n\nENDNOTES\nWarehousemen's Liens Act 1969 9\nJustice Legislation Amendment (Penalties) Act 2010 (Act No. 12, 2010)\nAssent date 20 May 2010\nCommenced 1 July 2010 (Gaz G24, 16 June 2010, p 2)\nPersonal Property Securities (National Uniform Legislation) Implementation Act 2010\n(Act No. 30, 2010)\nAssent date 9 September 2010\nCommenced ss 58 to 60: 30 January 2012 (Gaz, S2, 24 January 2012);\nrem: 25 November 2011 (Gaz,S68, 25 November 2011)\nLocal Court (Related Amendments) Act 2016 (Act No. 8, 2016)\nAssent date 6 April 2016\nCommenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related\nAmendments) Act 2016 (Act No. 9, 2016) and Gaz S34,\n29 April 2016)\nStatute Law Revision Act 2023 (Act No. 4, 2023)\nAssent date 2 March 2023\nCommenced 3 March 2023 (s 2)\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1, 6, 8 and 17.\n4 LIST OF AMENDMENTS\ns 3 amd No. 87, 1973, s 7; No. 14, 1989, s 7; No. 30, 2010, s 54\nss 4 – 5 amd No. 87, 1973, s 3\ns 6 amd No. 87, 1973, ss 2 and 7; No. 30, 2010, s 54\ns 7 amd No. 87, 1973, s 5; No. 14, 1989, s 7; No. 12, 2010, s 3\ns 8 amd No. 87, 1973, ss 2, 3 and 7; No. 14, 1989, s 7; No. 4, 2023, s 23\ns 9 amd No. 87, 1973, ss 2 and 3; No. 14, 1989, s 7\ns 11 amd No. 87, 1973, ss 2, 3 and 5; No. 14, 1989, s 7; No. 6, 2008, s 3; No. 12,\n2010, s 3; No. 8, 2016, s 45\ns 12 amd No. 87, 1973, s 2\ns 14 amd No. 87, 1973, s 3\nrep No. 14, 1989, s 7\ns 17 amd No. 87, 1973, s 7","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The original 1969 Act appears to have been a straightforward warehouse lien law. However, the 2010 amendments (Personal Property Securities Implementation Act) significantly expanded the scope by integrating with the national Personal Property Securities Act 2009 (Cth). This introduced new notice requirements for parties with registered security interests, creating a more complex intersection between traditional warehouse law and modern secured transactions law. The Act now operates within a national framework of personal property securities rather than as a standalone territorial statute."},"complexity_factors":["Cross-references to external legislation: references to the Personal Property Securities Act 2009 (Cth), Uncollected Goods Act 2004, Auctioneers Act 1935, and Local Court procedures","Multiple notice requirements with different timelines: 3-month notice for lien declaration, 1-month notice before sale, 14-day and 7-day advertising requirements","Conditional logic in section 6(1) requiring assessment of goods value ('medium value' as defined in another Act) and identification of parties with registered or known interests","Nested conditions in section 8(2)-(4) specifying exactly who must be notified and what the notice must contain","Proportional calculation requirement in section 5(2) for apportioning charges across multiple items","Interaction between this Act and other laws preserved by sections 15-16 (other liens not affected, prohibited sales not authorized)","Procedural safeguards including court intervention powers (section 8(8)), statutory declarations for inventory (section 8(7)), and proceeds handling by the Court (section 11)"],"plain_english_summary":"**What this law does:**\n\nThis law gives warehouse operators (people who store goods for others as a business) a legal right called a **\"lien\"** (a legal claim that lets them hold onto goods until they get paid) over goods stored with them. If customers don't pay their storage fees, the warehouse operator can eventually sell the goods at auction to recover what they're owed.\n\n**Who it affects:**\n\n- **Warehouse operators** – they get clear legal powers to secure payment for storage and related services\n- **People who store goods** (depositors) – they must pay storage charges or risk losing their goods\n- **Other interested parties** – people with financial interests in the goods (like banks with mortgages or security interests) who must be notified before any sale\n\n**Key rules:**\n\n- Warehouse operators must give **written notice** of their lien to certain parties within 3 months for valuable goods\n- Before selling goods, they must give **at least one month's warning** to the owner and other interested parties\n- Sales must be advertised **twice in Darwin and Alice Springs newspapers**\n- Sales can only happen if charges are **more than 12 months overdue**\n- The auction must be conducted by a **licensed auctioneer**\n- Any money left over after paying the warehouse must go to the Local Court for distribution\n- If someone pays the debt before the sale, the sale stops\n\n**Why it matters:**\n\nThis law balances the warehouse operator's need to get paid against the owner's property rights. It creates a fair process where warehouse operators can't just sell goods immediately – they must follow strict notice requirements and time limits. It also protects people who have financial interests in the goods (like banks) by requiring the warehouse to notify them."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The Act remains a narrowly focused statutory framework governing warehousemen's liens and the procedure for enforcing them. Amendments over time have modernised references (for example to the PPS Act) and adjusted procedural, penalty and court-related provisions, but they do not materially broaden the law's subject-matter beyond the original purpose of regulating warehousemen's lien enforcement, notice and sale processes. Changes are primarily updating and procedural, not an expansion into unrelated policy areas."},"complexity_factors":["Short Act (17 sections) but multiple cross-references (PPS Act, Uncollected Goods Act 2004, Local Court, Auctioneers Act 1935, Central Holding Authority)","Conditional notice regime with timing windows and value threshold (s 6: 3 months, 2 months, \"medium value\" reference)","Multiple service methods and publication rules with strict timing (s 8(3)-(5), s 12)","Limited application condition for sales (only where some arrears relate to >12 months prior) (s 8(9))","Detailed procedural protections and record-keeping (s 8(6)-(7), s 11(2))","Financial consequences and recovery mechanics (12% interest recovery for third-party payers, s 9(3))","Penalties and criminal exposure for depositor non-disclosure (s 7) and court-lodgement defaults (s 11)","\"Substantial compliance\" judicial safety valve that invites case-by-case interpretation (s 13)","Interplay of statutory \"absolute owner\" fiction for sale purposes with competing proprietary rights (s 8(10))"],"plain_english_summary":"This law gives warehousemen a statutory lien over stored goods and a regulated process to sell goods to recover unpaid storage, insurance and related charges, while protecting owners and registered secured parties through notice, advertising and court procedures. It affects warehouse operators (new enforcement rights and compliance duties), depositors and interest‑holders (disclosure and monitoring obligations), and buyers at auction (validated purchases). It matters because it eases enforcement but increases administrative, timing and cost burdens and interacts with the national PPS regime."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/warehousemen-s-liens-act-1969","history":"/api/acts/warehousemen-s-liens-act-1969/history","analysis":"/api/acts/warehousemen-s-liens-act-1969/analysis","conflicts":"/api/acts/warehousemen-s-liens-act-1969/conflicts","importantCases":"/api/acts/warehousemen-s-liens-act-1969/important-cases","documents":"/api/acts/warehousemen-s-liens-act-1969/documents"}}