{"id":"warehousemens-liens-regulations-1952","name":"Warehousemen's Liens Regulations 1952","slug":"warehousemen-s-liens-regulations-1952","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":182411,"registerId":"wa-warehousemens-liens-regulations-1952-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Warehousemen's Liens Regulations 1952","content":"![Crest]()Western Australia\n\nWarehousemen’s Liens Act 1952\n\nWarehousemen’s Liens Regulations 1952\n\n- **Reprinted under the *Reprints Act 1984* as**\n- **at 2 November 2007**\n\n\nWestern Australia\n\nWarehousemen’s Liens Regulations 1952\n\nContents\n\n1. Citation 1\n\n3. Notice of claim — section 6(1)(a) 1\n\n4. Notice of lien — section 6(2) 1\n\n5. Notice by advertisement — section 9(3) 2\n\n6. Statement of account — section 10(4) 2\n\n7. Offence 3\n\nSchedule 1 — Forms\n\nNotes\n\nCompilation table 6\n\n  \n\n- Crest **Reprinted under the *Reprints Act 1984* as**\n- **at 2 November 2007**\n\n\nWestern Australia\n\nWarehousemen’s Liens Act 1952\n\nWarehousemen’s Liens Regulations 1952\n\n[Heading deleted: Gazette 24 Aug 2007 p. 4319.]\n\n##### 1. Citation\n\nThese regulations may be cited as the *Warehousemen’s Liens Regulations 1952*1.\n\n[Regulation 1 amended: Gazette 24 Aug 2007 p. 4320.]\n\n[**2.** Deleted: Gazette 24 Aug 2007 p. 4320.]\n\n[Heading deleted: Gazette 24 Aug 2007 p. 4320.]\n\n##### 3. Notice of claim — section 6(1)(a)\n\nA claim by a person to be the owner of goods deposited with a warehouseman or of an interest in them shall be in accordance with Schedule 1 Form 1.\n\n[Regulation 3 amended: Gazette 24 Aug 2007 p. 4320.]\n\n##### 4. Notice of lien — section 6(2)\n\nThe notice of the lien given by the warehouseman within 3 months after the date of the deposit of the goods shall be in accordance with Schedule 1 Form 2.\n\n[Regulation 4 amended: Gazette 24 Aug 2007 p. 4320.]\n\n##### 5. Notice by advertisement — section 9(3)\n\n(1) Where a person to whom a notice may be given pursuant to the provisions of section 6 or 7 of the Act is unknown to the warehouseman, or where no address of the person is known to the warehouseman, the notice may be given by advertisement.\n\n(2) The advertisement shall include a full copy of the notice and shall be published at least twice with an interval between the advertisements of at least 7 days in a newspaper circulating in the locality where the premises of the warehouseman is situated, and, if the newspaper is not a daily newspaper, in a daily newspaper circulating in the City of Perth.\n\n(3) The notice shall be deemed to have been given on the day upon which the last of the advertisements was published.\n\n[Regulation 5 amended: Gazette 24 Aug 2007 p. 4320.]\n\n##### 6. Statement of account — section 10(4)\n\n(1) The duplicate copies of the statement of account required to be furnished in accordance with section 10(4) of the Act shall be verified by a statutory declaration made by the warehouseman or by some competent person on his behalf.\n\n(2) The warehouseman at the time of paying the surplus into a Magistrates Court or to the Treasurer as the case may be shall also furnish to the Magistrates Court or the Treasurer the following particulars in writing —\n\n(a) the date of deposit of the goods;\n\n(b) the name and address of the person who deposited such goods and the name and address of the owner thereof and of every person claiming to be the owner thereof or of any interest therein including the name and address of the grantee of the goods under any bill of sale of which the warehouseman has notice;\n\n(c) full particulars known to the warehouseman of all of such claims;\n\n(d) full particulars of all searches made by or on behalf of the warehouseman under the *Bills of Sale Act 1899* and of the results of such searches;\n\n(e) such other information relating to the transaction as may be known to the warehouseman.\n\n[Regulation 6 amended: Gazette 24 Aug 2007 p. 4320‑1.]\n\n##### 7. Offence\n\nA person who contravenes a provision of these regulations commits an offence.\n\nPenalty: a fine of $20.\n\n[Regulation 7 inserted: Gazette 24 Aug 2007 p. 4321.]\n\n[Part III deleted: Gazette 24 Aug 2007 p. 4321.]\n\nSchedule 1 — Forms\n\n[r. 3 and 4]\n\n[Heading inserted: Gazette 24 Aug 2007 p. 4321.]\n\n**Form 1**\n\nRegulation 3\n\n*Warehousemen’s Liens Act 1952*\n\n**NOTICE OF CLAIM**\n\nTo (insert name and address of warehouseman).\n\nI, (insert full name of claimant) hereby give you notice that I claim to be the owner of the goods described in the Schedule hereto, or of an interest in the goods to the extent hereinafter set forth, which goods were deposited with you by .......................on or about the ........................day of .................20.... .  \n(If an interest only in the goods is claimed the extent of the interest should be here stated). I hereby authorise you to serve all notices to me required by the Act at the following address (insert full address of claimant).\n\nSchedule\n\n(Insert particulars of the goods in respect of which the claim is made.)\n\nDated this ...............................................day of ............................ 20.........\n\n............................................... .....................................................\n\nWitness Signature of Claimant\n\n**Form 2**\n\nRegulation 4\n\n*Warehousemen’s Liens Act 1952*\n\n**NOTICE OF LIEN**\n\nTo (insert name of person to whom notice of lien may be given)\n\nTAKE notice that I, (insert name of warehouseman) under the provisions of section 6 of the Act hereby give notice of a lien in respect of goods deposited for storage and described in the Schedule hereto.\n\nSchedule\n\n| Description of goods | Location of warehouse where goods are stored | Date of deposit of goods | Name of person who deposited goods |\n| --- | --- | --- | --- |\n|  |  |  |  |\n|  |  |  |  |\n\n\nDated this ..............................................day of ...................................20..........\n\n........................................................................\n\nSignature of Warehouseman\n\n[Forms 3‑5 deleted: Gazette 24 Aug 2007 p. 4321.]\n\nNotes\n\n1 This reprint is a compilation as at 2 November 2007 of the *Warehousemen’s Liens Regulations 1952* and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.\n\nCompilation table\n\n| **Citation** | **Gazettal** | **Commencement** |\n| --- | --- | --- |\n| *Warehousemen’s Liens Act Regulations and Rules of Court 1952* 2 | 20 Feb 1953 p. 368‑71 | 20 Feb 1953 |\n| *Decimal Currency Act 1965* assented to  21 Dec 1965 | | Act other than s. 4‑9: 21 Dec 1965 (see s. 2(1));   s. 4‑9: 14 Feb 1966 (see s. 2(2)) |\n| *Warehousemen’s Liens Amendment Regulations 2007* | 24 Aug 2007 p. 4319‑21 | 24 Aug 2007 |\n| **Reprint 1: The *Warehousemen’s Liens Regulations 1952* as at 2 Nov 2007** (includes amendments listed above) | | |\n\n\n2 Now known as the *Warehousemen’s Liens Regulations 1952*;  citation changed (see note under r. 1).\n","sortOrder":0}],"analysis":{"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"},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative content was not available. The page has been taken offline due to system upgrades on the Western Australian legislation website."},"complexity_factors":["No legislative content was retrievable — the page returned a 404-style error message","Only the title and a broken-link notice were available for analysis","Cannot assess actual regulatory complexity without access to the text"],"plain_english_summary":"These Regulations set out the rules governing warehousemen’s liens in Western Australia, i.e. the legal right of storage operators to retain goods until outstanding storage charges are paid. They affect warehouse operators, businesses using commercial storage and individuals storing goods, and matter because they define parties’ rights and remedies over stored property and practical obligations when fees, repossession or release arise."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: providing procedural machinery for the parent Act. The 2007 amendments actually reduced scope by deleting Forms 3-5 and regulation 2, suggesting modernisation and simplification rather than expansion."},"complexity_factors":["Very short — only 7 regulations, with 2 deleted and 1 inserted later","Minimal cross-referencing — only references back to specific sections of the parent Act (sections 6, 7, 9, 10)","Simple conditional logic — only basic 'if unknown, then advertise' provisions in regulation 5","Only 2 defined forms in Schedule 1 (Forms 3-5 were deleted in 2007)","Straightforward offence provision — single penalty, no gradations or exceptions","No nested definitions or interpretation section","Procedural rather than substantive — prescribes 'fill in the blank' forms rather than creating rights"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set out the paperwork and procedural rules for the *Warehousemen's Liens Act 1952* (Western Australia). A \"warehouseman\" is someone who stores goods for others (like a storage facility operator), and a \"lien\" is a legal right to keep possession of someone else's property until a debt is paid. These regulations specify exactly how warehousemen must notify people about their claims, how owners can claim their goods, and what forms to use.\n\n**Who it affects:**\n\n*   **Warehouse operators** — anyone running a commercial storage business in WA\n*   **People who store goods** — customers using storage facilities\n*   **People claiming ownership** — anyone asserting they own goods held in storage (including lenders with security interests)\n\n**Key requirements:**\n\n*   **Form 1**: If you claim to own goods in storage (or have a financial interest in them), you must use this specific form to notify the warehouseman\n*   **Form 2**: Warehousemen must use this form to notify owners that they are claiming a lien (keeping the goods until storage fees are paid) — and they must do this within 3 months of the goods being deposited\n*   **Advertising rules**: If the owner is unknown or their address is unknown, the warehouseman can publish notices twice in newspapers (one local, one Perth daily) with at least 7 days between them\n*   **Financial statements**: When selling goods to recover unpaid fees, warehousemen must provide verified statements and detailed information to the Magistrates Court or Treasurer, including:\n    *   Who deposited the goods\n    *   Who claims to own them\n    *   What searches were done under the *Bills of Sale Act 1899* (an old law about secured lending)\n\n**Why it matters:**\n\nThese rules protect both sides. Warehousemen get a clear, legally recognised process to recover unpaid storage fees by eventually selling stored goods. Owners get proper notice and a chance to claim their property. Without these procedures, warehousemen could arbitrarily sell your stuff, or owners could disappear without paying storage fees indefinitely.\n\n**Penalty:** Breaking these rules attracts a $20 fine (set in 2007, so quite outdated)."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The current reprint (as at 2 Nov 2007) shows amendments that alter the original 1952 instrument: several headings and Regulation 2 were deleted, Forms 3–5 and Part III were removed, and a penalty provision (r.7, fine $20) was inserted. These changes modify the regulation text and available forms, so the present regulatory scope differs from the original 1952 compilation and requires reliance on the amended/reprinted version to determine current obligations."},"complexity_factors":["Cross‑references to multiple provisions of the Warehousemen’s Liens Act (notably ss.6, 7, 9, 10) requiring users to consult both Act and regulations","Prescribed forms (Schedule 1 Forms 1 and 2) impose specific information requirements for notices","Advertisement rule: publication frequency, interval and location requirements (r.5(2)) create timing and venue constraints","Verification requirement: duplicate statements must be supported by a statutory declaration (r.6(1)) increasing evidentiary formality","Particulars to be furnished on payment of surplus include names, addresses, claims and results of Bills of Sale Act searches (r.6(2)(b)–(d)), adding search and disclosure burdens","Interaction with external bodies (Magistrates Court, Treasurer) requires procedural coordination","Amendments and deletions recorded (various deleted regs/forms and inserted penalty r.7) mean users must read current reprint to know which original provisions remain"],"plain_english_summary":"These regulations set out the paperwork and procedures for asserting and enforcing a warehouseman’s lien under the Warehousemen’s Liens Act 1952: prescribed forms for a claimant and for a warehouseman’s notice of lien, rules for advertising when addressees are unknown, verification of statements by statutory declaration, and the particulars to be given to a Magistrates Court or the Treasurer. \n\nThey apply to warehouse operators, depositors and anyone claiming ownership or an interest in stored goods, and they create specific administrative steps, search obligations and a small penalty for non‑compliance."}},"importantCases":[],"_links":{"self":"/api/acts/warehousemen-s-liens-regulations-1952","history":"/api/acts/warehousemen-s-liens-regulations-1952/history","analysis":"/api/acts/warehousemen-s-liens-regulations-1952/analysis","conflicts":"/api/acts/warehousemen-s-liens-regulations-1952/conflicts","importantCases":"/api/acts/warehousemen-s-liens-regulations-1952/important-cases","documents":"/api/acts/warehousemen-s-liens-regulations-1952/documents"}}