Western Australian Consolidated Acts

HIRE-PURCHASE ACT 1959

TABLE OF PROVISIONS

           Long Title

   PART I -- Preliminary  

   1.      Short title and commencement  
   1A.     Application of Act  
   2.      Terms used  
   2A.     Orders making Act inapplicable

   PART II -- Formation and contents of hire-purchase agreements  

   3.      Preliminary requirements to entering agreement or offering to hire; form and content of agreements; consequences of non-conforming agreements  
   4.      Owner to serve certain documents on hirer

   PART III -- Protection of hirers

           Division 1 -- Warranties and conditions  

   5.      Conditions and warranties implied in every agreement  
   6.      Representations etc. by owner etc. to hirer, consequences of

           Division 2 -- Statutory rights of hirers  

   7.      Hirer entitled to copy of agreement and statement of amounts paid, overdue and to be paid  
   8.      Payment made under 2 or more agreements, apportionment of  
   9.      Assigning hirer’s rights under agreements  
   10.     Court may allow goods to be moved

           Division 3 -- Early completion of agreements  

   11.     Hirer may complete purchase at any time

           Division 4 -- Voluntary return of goods  

   12.     Terminating hiring by returning goods

           Division 5 -- Repossessions  

   12A.    Repossession requires Commissioner’s consent in some cases  
   13.     Procedure for and on repossessing goods  
   14.     Owner to retain repossessed goods for 21 days  
   15.     Hirer’s rights and immunities on repossession  
   16.     Hirer may obtain return of goods in some cases  
   17.     Court may vary existing judgments etc. against hirer if goods are repossessed

   PART IV -- Guarantees  

   18.     Guarantors  
   19.     Some agreements by guarantor void if guarantor not independently advised

   PART V -- Insurance  

   20.     Insurance of goods hired under agreement  
   21.     Court’s powers as to insurance contracts associated with hire-purchase agreements  
   22.     Contracts of insurance and related agreements, content of  
   23.     Application of Part V

   PART VI -- Miscellaneous  

   23A.    Commissioner  
   23B.    Delegation by Commissioner  
   24.     Court may reopen certain hire-purchase transactions  
   25.     Repossessing certain goods from farmers  
   26.     Lien of worker on hired goods  
   27.     Hired goods that have become fixtures  
   28.     Provisions in agreements that are void  
   29.     Payments etc. by financiers to dealers, restrictions on  
   30.     Some transactions as to bailment prohibited  
   31.     Securities collateral to hire-purchase agreements  
   32.     False statements by dealers etc. in proposals  
   33.     Hirer may be required to state where goods are  
   34.     Fraudulent sale or disposal of goods by hirer  
   35.     Court may extend prescribed times  
   36.     Court may order delivery of goods unlawfully detained  
   36A.    Relief against consequences of breach of agreement by hirer  
   36C.    Investigation powers  
   37.     Service of notices and proof of service  
   37A.    Court may dispense with service  
   38.     Text of prescribed documents to be legible etc.  
   39.     General offence and penalty  
   40.     Time limit for prosecutions  
   40A.    Regulations
           FIRST SCHEDULE
           SECOND SCHEDULE
           THIRD SCHEDULE
           FOURTH SCHEDULE
           FIFTH SCHEDULE
           Compilation table