Project 19 - Chattel securities and the Bills of Sale Act

Independent report
Commenced: 1970; Withdrawn: 1983
Last updated:

In 1972 the Standing Committee of Commonwealth and State Attorneys General (SCAG) decided that the law on credit and chattel securities was to be reviewed on a uniform basis throughout Australia. In 1978, SCAG agreed that Victoria would introduce three Bills dealing with consumer transactions for the purpose of seeking public comment. In October 1978, the Commission, with the agreement of the Attorney General, revived its study in order to submit comments on those aspects of the Bills dealing with chattel securities.

The Bills attracted substantial public comment and criticism and when the Victorian Parliament rose for the state election in May 1979, the Bills lapsed and the intention to redraft them was announced. Accordingly, the Commission deferred work on the project.

Terms of Reference

In 1970, the Committee was asked to:

  1. review the law dealing with security of title in relation to the merchandising of goods on credit; and
  2. advise whether the Bills of Sale Act 1899 (WA) should be amended or new legislation prepared to meet present day conditions.

Outcomes

In April 1983 the Minister for Consumer Affairs announced that the model consumer credit legislation would be introduced into the Western Australian Parliament. Since such legislation would substantially deal with matters covered by this Project, the Attorney General withdrew this reference.

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