His Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Bills of Sale Act 1898.
R S AmeryMinister for Land and Water Conservation
1 Name of Regulation
This Regulation is the Bills of Sale Regulation 1998.
2 Commencement
This Regulation commences on 1 June 1998.
3 Definitions
(1) In this Regulation:the Act means the Bills of Sale Act 1898.(2) In this Regulation, a reference to a Form is a reference to a Form set out in Schedule 1.
4 Advertisement for sale of goods under a bill of sale: section 4C
For the purposes of section 4C (2) (c) (ii) of the Act:(a) the prescribed times for the publication of the advertisements concerned are:(i) at least once on a day occurring at least 10 days, but not more than 21 days, before the date fixed for the auction or for the closing of tenders, and(ii) at least once on a day occurring not more than 7 days before the date fixed for the auction or for the closing of tenders, and(b) the prescribed particulars to be contained in the advertisements are the following:(i) a brief description of the personal chattels to be sold,(ii) a statement that the sale is to be by way of public auction or by way of tender,(iii) the address of the place where the auction will be held or the tenders received,(iv) the date and time fixed for the holding of the auction or for the closing of tenders.
5 Caveat against a trader’s bill of sale: section 5G
A caveat against the registration of a trader’s bill of sale is to be in Form 1.
6 Withdrawal of caveat against a trader’s bill of sale: section 5J
A withdrawal of caveat against the registration of a trader’s bill of sale is to be in Form 2.
7 Memorandum of amount due under a bill of sale: section 13A
A memorandum of the amount due under a bill of sale is to be in Form 3.
8 Repeal
(1) The Bills of Sale Regulation 1992 is repealed.(2) Any act, matter or thing that had effect under the Bills of Sale Regulation 1992 immediately before the commencement of this Regulation is taken to have effect under this Regulation.
Schedule 1 Forms
Form 1 Caveat against a trader’s bill of sale
(Clause 5)
(Bills of Sale Act 1898, section 5G)
Take notice that I, ........................................1, being an unsecured creditor of ...................................2 in respect of an unsecured debt of $..... due to me for ...............3 forbid the registration of the trader’s bill of sale (.....)4 made or given by ..............................5 and lodged with the Registrar-General on ....., and I appoint ....................6 as the place at which notices and proceedings relating to this caveat may be served on me.
............................................................(Signature)
Date: ............................................................
Notes—
1
Insert name and address of caveator.
2
Insert name and address of grantor of the trader’s bill of sale.
3
Insert nature of debt.
4
Insert Registrar-General’s lodgment number for the trader’s bill of sale.
5
Insert name of grantor of the trader’s bill of sale, as shown in the bill of sale.
6
Insert an address in Sydney.
Form 2 Withdrawal of caveat against trader’s bill of sale
(Clause 6)
(Bills of Sale Act 1898, section 5J)
I, ..................................................1, withdraw the caveat (........................................)2 lodged by me on ...................., against the registration of the trader’s bill of sale (....................)3 made or given by ..................................................4 and lodged with the Registrar-General on ............................................................
............................................................(Signature)
Date: ............................................................
Notes—
1
Insert name and address of caveator.
2
Insert Registrar-General’s registered number for the caveat.
3
Insert Registrar-General’s lodgment number for the trader’s bill of sale.
4
Insert name and address of grantor of the trader’s bill of sale, as shown in the bill of sale.
Form 3 Memorandum of amount due under a bill of sale
(Clause 7)
(Bills of Sale Act 1898, section 13A)
I, ..................................................1, being the person entitled to give a receipt for the money secured by the bill of sale (........................................)2 made or given by .............................................3 and lodged with the Registrar-General on .........., state that the amount due under the bill of sale at the date of signing this memorandum is $............................................................
............................................................(Signature)
Date: ............................................................
Witness: ............................................................
Address: ............................................................
............................................................
............................................................
............................................................
............................................................
Notes—
1
Insert name and address of person entitled to give receipt.
2
Insert Registrar-General’s lodgment number for the bill of sale.
3
Insert name and address of grantor of the bill of sale, as shown in the bill of sale.