Form of security for advance under hire purchase agreement.
A security for an advance by way of sale of chattels upon hire purchase may be in accordance with Form D.
Obligations under hire purchase agreement.
Unless it is otherwise specifically provided in the agreement, a hire purchase agreement in accordance with Form D shall impose upon the hirer—
(a) an obligation to pay to the Commission the full amount of hire payable under the agreement at the times and at the place and in the manner fixed by the agreement;
(b) an obligation not to sell, dispose of, mortgage or part with the possession of the chattels or any of them or remove them or any of them from the premises where they are situated as stated in the agreement or from any other premises to which they have been removed with the consent of the Commission;
(c) an obligation to keep the chattels in the hirer’s own custody and to keep them in good and substantial repair and to preserve them from damage, destruction or deterioration;
(d) an obligation to duly and promptly pay and discharge and keep paid and discharged all rents, rates, taxes and outgoings of whatsoever kind payable or chargeable upon or in respect of the chattels and the premises where the chattels or any of them are situated and to produce and hand over receipts evidencing such payment whenever required so to do by the Commission;
(e) an obligation to pay to the Commission a premium of 1s. per annum for the insurance of the chattels against loss or damage by fire for the full value of the chattels as stated in the agreement;
(f) an obligation not to bring or keep or allow to be brought or kept, without the consent in writing of the Commission, any explosive or dangerously inflammable substance upon the premises where the chattels or any of them are situated;
(g) an obligation to permit any officer of the Department to enter the premises where the chattels are situated at all reasonable times and inspect the chattels;
(h) an obligation to remove, within a time specified by the Commission, any cause of danger of loss or damage by fire to the chattels, if in the opinion of the Commission the cause of danger is capable of removal;
(i) an obligation not to insure or keep insured the chattels or any of them against loss or damage by fire otherwise than in pursuance of these Regulations; and
(j) an obligation, if loss or damage by fire is caused to the chattels or any of them—
(i) to notify the Commission thereof in writing within seven days of such loss or damage;
(ii) to furnish to the Commission all information in the hirer’s possession in regard to the damage or loss and the cause thereof; and.
Division Div 5 - Australian Soldiers' Repatriation Regulations - Hire Purchase Agreements. | Zoe
(iii) to furnish to the Commission all further information required by the Commission in connexion with the matter.
Rights of Commission under hire purchase agreement.
144.—(1.) A hire purchase agreement in accordance with Form D confers upon the Commission the right to recover from the hirer in any Court of competent jurisdiction any arrears of hire due under the agreement.
(2.) Whenever any obligation of a hirer under a hire purchase agreement in accordance with Form D or under these Regulations is not complied with the Commission may by its officers or agents enter, if necessary by force, the premises of the hirer or any other premises where the chattels or any of them may or may be reasonable suspected to be and take possession of and remove the chattels.
(3.) If the hirer fails to comply with an obligation under the agreement to pay to the Commission any insurance premium when due, the Commission may debit the amount of the premium to the hirer, and every amount so debited—
(i) shall be added to the amount due by the hirer for hire under the agreement; and
(ii) shall for all purposes of the agreement and these Regulations be deemed to be included in the word “hire”.
(4.) Any payment made by the hirer to the Commission under the agreement, whether for hire or otherwise, may be applied by the Commission in the following manner:—
Firstly—In payment of any unpaid insurance premium;
Secondly—In payment of arrears (if any) of hire;
Thirdly—In payment of an instalment of hire falling due within the month in which the payment is made.
Chattels to remain property of Commission.
Notwithstanding any other law to the contrary the chattels shall remain the property of the Commission until, and shall become the property of the hirer when, and only when, the hirer has—
(a) complied with all obligations imposed upon him by the agreement and by these Regulations; and
(b) paid to the Commission hire amounting to the full value of the chattels as stated in the agreement.
Termination of agreement.
The hirer may at any time terminate the hiring by delivering up the chattels to the Commission, but such delivery up shall not—
(a) relieve the hirer from any liability incurred by him—
(i) for hire prior to the date of such delivery up; or.
(ii) by reason of non-compliance with any obligation under the agreement or these Regulations; or
(b) entitle the hirer to the repayment of any hire paid prior to the date of such delivery up.
Powers of Commission on death or insolvency.
If the hirer dies or becomes bankrupt or insolvent or makes any composition with, or assignment of his estate to or for the benefit of, his creditors, the Commission may—
(a) require the hirer or the executor or administrator of the hirer, as the case may be, to deliver up the chattels; and
(b) recover from the hirer or the executor or administrator of the hirer, as the case may be, in any Court of competent jurisdiction, any arrears of hire due under the agreement.
Powers of Commission where special danger of loss by fire exists.
148.—(1.) If at any time it appears to the Commission that there is a special or unusual danger of loss or damage by fire to any chattels the subject of a hire purchase agreement in accordance with Form D, the Commission may—
(a) require the hirer to forthwith remove the cause of danger if, in the opinion of the Commission, it is capable of removal; and.
(b) in addition or alternatively, insure the chattels in any office it selects for the purpose for the benefit of the Commission and at the expense of the hirer until the cause of danger is removed.
(2.) Any premium paid by the Commission for insurance in accordance with paragraph (b) of the last preceding sub-regulation shall for all purposes of the agreement and these Regulations be deemed to be included in the word “hire”.
Failure of hirer to notify loss or damage by fire, &c.
If the hirer—
(a) fails, within seven days after damage or loss by fire is caused to any chattels the subject of a hire purchase agreement in accordance with Form D, to notify the Commission in writing of the loss or damage; or
(b) fails to forthwith furnish to the Commission particulars or information required by these Regulations or by the Commission.
the Commission may, if it thinks fit, treat the insurance of the chattels as having been thereby avoided.
Acts or omissions increasing danger of loss or damage by fire.
If anything is, without the knowledge and approval of the Commission, done or omitted to be done to or in connexion with any chattels the subject of a hire purchase agreement in accordance with Form D whereby the danger to the chattels of loss or damage by fire is increased, the Commission may, if it thinks fit, treat the insurance of the chattels as having been thereby avoided.
Failure of hirer to prove certain facts in event of loss or damage by fire.
If damage or loss by fire is caused to any chattels the subject of a hire purchase agreement in accordance with Form D, and the hirer fails to prove to the satisfaction of the Commission—
(a) that the damage or loss did not arise from or in consequence of any wilful or grossly negligent act or omission of the hirer or of any other person with the knowledge and connivance of the hirer;
(b) that the claim is made bona fide and without fraud or concealment, and that no false or misleading information has been given by the hirer in connexion with the claim; and
(c) that the hirer has complied in all respects with the obligations imposed on him by the agreement and these Regulations,
the Commission may treat the insurance of the chattels as having been thereby avoided.
Power of Commission where loss or damage by fire occurs.
152.—(1.) If loss or damage by fire is caused to any chattels the subject of a hire purchase agreement in accordance with Form D which are insured in pursuance of these Regulations, the Commission may—
(a) replace or repair the destroyed or damaged chattels; or
(b) credit the hirer with an amount in the opinion of the Commission equal to the amount of loss or damage sustained; or
(c) terminate the hiring.
(2.) Any chattels which are repaired and any chattels which replace those which have been destroyed or damaged shall, for all purposes of the agreement and these Regulations, be deemed to be the chattels referred to in the agreement.
(3.) If any amount is credited to the hirer in respect of destroyed or damaged chattels, the value of the chattels as stated in the agreement shall be deemed to have been reduced by the amount so credited and the schedule thereto amended accordingly.
(4.) If the hiring is terminated in pursuance of sub-regulation (1.) of this regulation—
(a) the hirer shall forthwith return to the Commission all chattels not destroyed; and
(b) the Commission, if satisfied that the hirer has complied with all the requirements of these Regulations in relation to the hiring, may refund to the hirer the total amount of the instalments paid by him for hire other than amounts paid as insurance premiums.
Damage or loss caused in extinguishing, &c., fire.
Any damage or loss caused to chattels in extinguishing or preventing or locating a fire shall, for the purpose of insurance in pursuance of these Regulations, be deemed to be damage or loss by fire.
Insurance to cease when chattels cease to be subject to agreement.
When any chattels the subject of a hire purchase agreement in accordance with Form D cease to be subject to the agreement, the insurance of the chattels in pursuance of these Regulations shall forthwith cease and be of no effect.
Penalty for sale of chattels.
Chattels the subject of a hire purchase agreement in accordance with Form D shall not, without the consent in writing of the Commission, and before the full value of the chattels as stated in the agreement has been paid as hire by the hirer to the Commission, be sold, disposed of, removed or destroyed or dealt with in breach of or non-compliance with any obligation imposed upon the hirer by the agreement or by these Regulations.