sec.6Bailee to comply with certain provisions to be entitled to sell goods

sec.6 Bailee to comply with certain provisions to be entitled to sell goods

The bailee shall not be entitled by virtue of section 5 to sell goods accepted by the bailee for inspection, custody, storage, repair or other treatment unless the following provisions are complied with— where the goods are accepted for inspection, custody, storage, repair or other treatment after the commencement of this Act—at all premises used or appropriated by the bailee for accepting for inspection, custody, storage, repair or other treatment goods of the class to which the goods accepted belong, there is, at the time of the acceptance (whether or not goods are accepted at any such premises), conspicuously displayed in the part of the premises so used or appropriated a notice indicating that the acceptance by the bailee of goods of that class for inspection, custody, storage, repair or other treatment is subject to this Act, and that this Act confers on the bailee a right of sale exercisable in certain circumstances after an interval not less than 6 months from the date on which the goods are ready for re-delivery; after the goods are ready for re-delivery, or after the commencement of this Act, whichever is the later, the bailee gives to the bailor a notice that the goods are ready for re-delivery, being a notice complying with the requirements relating to such a notice of subsection (2) and gives such a notice to every other person who, at the time the bailee gives the notice to the bailor, the bailee actually knows has or claims an interest in the goods; where at the date of the giving to the bailor of the notice under paragraph (b) that the goods are ready for re-delivery or, if more than 1 notice was given, at the date of the giving of the first of the notices, the amount which the bailee claims to be due to the bailee by way of the bailee’s charges in relation to the goods exceeds the sum of $110, the bailee obtains an order under part 3 authorising the bailee to sell the goods; save where an order under part 3 authorising the bailee to sell the goods is obtained—after the expiration of the period of 6 months beginning with the date of the giving of the notice that the goods are ready for re-delivery or, if more than 1 notice was given, beginning with the date of the giving of the later or latest of the notices, and not less than 28 days before the sale of the goods, the bailee— gives to the bailor a notice of the bailee’s intention to sell the goods, being a notice complying with the requirements relating to such a notice of subsection (2) ; and gives such a notice to every person who, at the time the bailee gives the notice to the bailor, the bailee actually knows has or claims an interest in the goods; and causes such a notice to be published— in a newspaper published in Brisbane and circulating throughout the State; and in a newspaper (if any) published in the district in which are situated the premises where the goods were accepted for inspection, custody, storage, repair or other treatment; and where the goods are a motor vehicle—in the gazette; the goods are sold by public auction in a lot in which no other goods are included. A notice required or authorised by this section or by section 7 to be given by the bailee to the bailor must contain a sufficient description of the goods to which the notice relates or, where the goods are a motor vehicle, the particulars of that vehicle referred to in section 19 (1) and (1A) and a statement of the sum which the bailee claims to be due to the bailee by way of the bailee’s charges in relation to the goods, together with— in the case of a notice that the goods are ready for re-delivery or a notice to treat the dispute as determined—a statement that if the bailor fails within the period of 6 months beginning with the date of the giving of the notice to pay the said sum or, having paid the said sum, to take delivery of the goods or give directions as to their delivery, they are liable to be sold in accordance with this Act; and in the case of a notice of the bailee’s intention to sell the goods—a statement of the date of the giving of the notice to the bailor that the goods are ready for re-delivery or, where there has been a dispute between the bailor and the bailee, the date on which the dispute was determined, and a statement that if the bailor fails, within the period of 28 days beginning with the date of the giving of the notice of the bailee’s intention to sell the goods, to pay the said sum or, having paid the said sum, to take delivery of the goods or give directions as to their delivery they are liable to be sold in accordance with the provisions of this Act. s 6 amd 1995 No. 58 s 4 sch 1 ; 2000 No. 20 s 29 sch 3 ; 2000 No. 46 s 3 sch (sec.6-ssec.1) The bailee shall not be entitled by virtue of section 5 to sell goods accepted by the bailee for inspection, custody, storage, repair or other treatment unless the following provisions are complied with— where the goods are accepted for inspection, custody, storage, repair or other treatment after the commencement of this Act—at all premises used or appropriated by the bailee for accepting for inspection, custody, storage, repair or other treatment goods of the class to which the goods accepted belong, there is, at the time of the acceptance (whether or not goods are accepted at any such premises), conspicuously displayed in the part of the premises so used or appropriated a notice indicating that the acceptance by the bailee of goods of that class for inspection, custody, storage, repair or other treatment is subject to this Act, and that this Act confers on the bailee a right of sale exercisable in certain circumstances after an interval not less than 6 months from the date on which the goods are ready for re-delivery; after the goods are ready for re-delivery, or after the commencement of this Act, whichever is the later, the bailee gives to the bailor a notice that the goods are ready for re-delivery, being a notice complying with the requirements relating to such a notice of subsection (2) and gives such a notice to every other person who, at the time the bailee gives the notice to the bailor, the bailee actually knows has or claims an interest in the goods; where at the date of the giving to the bailor of the notice under paragraph (b) that the goods are ready for re-delivery or, if more than 1 notice was given, at the date of the giving of the first of the notices, the amount which the bailee claims to be due to the bailee by way of the bailee’s charges in relation to the goods exceeds the sum of $110, the bailee obtains an order under part 3 authorising the bailee to sell the goods; save where an order under part 3 authorising the bailee to sell the goods is obtained—after the expiration of the period of 6 months beginning with the date of the giving of the notice that the goods are ready for re-delivery or, if more than 1 notice was given, beginning with the date of the giving of the later or latest of the notices, and not less than 28 days before the sale of the goods, the bailee— gives to the bailor a notice of the bailee’s intention to sell the goods, being a notice complying with the requirements relating to such a notice of subsection (2) ; and gives such a notice to every person who, at the time the bailee gives the notice to the bailor, the bailee actually knows has or claims an interest in the goods; and causes such a notice to be published— in a newspaper published in Brisbane and circulating throughout the State; and in a newspaper (if any) published in the district in which are situated the premises where the goods were accepted for inspection, custody, storage, repair or other treatment; and where the goods are a motor vehicle—in the gazette; the goods are sold by public auction in a lot in which no other goods are included. (sec.6-ssec.2) A notice required or authorised by this section or by section 7 to be given by the bailee to the bailor must contain a sufficient description of the goods to which the notice relates or, where the goods are a motor vehicle, the particulars of that vehicle referred to in section 19 (1) and (1A) and a statement of the sum which the bailee claims to be due to the bailee by way of the bailee’s charges in relation to the goods, together with— in the case of a notice that the goods are ready for re-delivery or a notice to treat the dispute as determined—a statement that if the bailor fails within the period of 6 months beginning with the date of the giving of the notice to pay the said sum or, having paid the said sum, to take delivery of the goods or give directions as to their delivery, they are liable to be sold in accordance with this Act; and in the case of a notice of the bailee’s intention to sell the goods—a statement of the date of the giving of the notice to the bailor that the goods are ready for re-delivery or, where there has been a dispute between the bailor and the bailee, the date on which the dispute was determined, and a statement that if the bailor fails, within the period of 28 days beginning with the date of the giving of the notice of the bailee’s intention to sell the goods, to pay the said sum or, having paid the said sum, to take delivery of the goods or give directions as to their delivery they are liable to be sold in accordance with the provisions of this Act.