Australian Capital Territory Current Acts Australian Capital Territory Current ActsDictionary
Note 1 The Legislation Act
contains definitions and other provisions relevant to this Act.
Note 2 For example, the Legislation Act
, dict, pt 1, defines the following terms:
• ACT
• daily newspaper
• document
• function
• under
• writing.
"advance", for part 2 (Mercantile agents)—see section 4.
"document of title", for part 2 (Mercantile agents)—see section 4.
"lien", for part 6 (Warehouse persons' liens)—see section 17.
"mercantile agent", for part 2 (Mercantile agents)—see section 4.
"pledge", for part 2 (Mercantile agents)—see section 4.
"warehouse person", for part 6 (Warehouse persons' liens)—see section 17.
Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001
, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office.
Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
|
A = Act |
NI = Notifiable instrument |
|
AF = Approved form |
o = order |
|
am = amended |
om = omitted/repealed |
|
amdt = amendment |
ord = ordinance |
|
AR = Assembly resolution |
orig = original |
|
ch = chapter |
par = paragraph/subparagraph |
|
CN = Commencement notice |
pres = present |
|
def = definition |
prev = previous |
|
DI = Disallowable instrument |
(prev...) = previously |
|
dict = dictionary |
pt = part |
|
disallowed = disallowed by the Legislative |
r = rule/subrule |
|
Assembly |
reloc = relocated |
|
div = division |
renum = renumbered |
|
exp = expires/expired |
R[X] = Republication No |
|
Gaz = gazette |
RI = reissue |
|
hdg = heading |
s = section/subsection |
|
IA = Interpretation Act 1967 |
sch = schedule |
|
ins = inserted/added |
sdiv = subdivision |
|
LA = Legislation Act 2001 |
SL = Subordinate law |
|
LR = legislation register |
sub = substituted |
|
underlining = whole or part not commenced |
|
|
mod = modified/modification |
or to be expired |
This Act was originally a Commonwealth ordinance—the Mercantile Ordinance 1962
No 4 (Cwlth).
The Australian Capital Territory (Self-Government) Act 1988
(Cwlth), s 34 (4) converted most former Commonwealth ordinances in force in the ACT into ACT enactments. This allowed the ACT Legislative Assembly to amend and repeal the laws. This Act was converted into an ACT enactment on 11 May 1989 (self-government day).
As with most ordinances in force in the ACT, the name was changed from Ordinance to Act by the Self-Government (Citation of Laws) Act 1989
A1989-21, s 5 on 11 May 1989 (self-government day).
Before 11 May 1989, ordinances commenced on their notification day unless otherwise stated (see Seat of Government (Administration) Act 1910
(Cwlth), s 12).
Legislation before becoming Territory enactment
Mercantile Law Act 1962 A1962-4
notified 12 April 1962
commenced 12 April 1962
as amended by
Ordinances Revision (Decimal Currency) Ordinance 1966
Ord1966-19
notified 23 December 1966
commenced 23 December 1966
Ordinances Revision Ordinance 1977
Ord1977-65
notified 22 December 1977
commenced 22 December 1977
Ordinances Revision Ordinance 1978
Ord1978-46
notified 28 December 1978
commenced 28 December 1978
Magistrates Court Ordinance 1985
Ord1985-67
notified 19 December 1985
commenced 1 February 1986 (Cwlth Gaz 1986 No G3)
Legislation after becoming Territory enactment
Magistrates and Coroner's Courts (Registrar) Act 1991
A1991-44 s 7, sch 1
notified 20 September 1991 (Gaz 1991 No S95
)
s 1, s 2 commenced 20 September 1991 ( s 2 (1))
s 7 (2), sch 1 commenced 25 September 1991 (s 2 (2) and Gaz 1991 No S103
)
Financial Management and Audit (Consequential and Transitional Provisions) Act 1996
A1996-26 sch pt 18
notified 1 July 1996 (Gaz 1996 No S130
)
commenced 1 July 1996 (s 2)
Uncollected Goods (Consequential Provisions) Act 1996
A1996-87 s 4
notified 20 December 1996 (Gaz 1996 No S328
)
s 1, s 2 commenced 20 December 1996 (s 2 (1))
s 4 commenced 19 March 1998 (s 2 (2) and see Gaz 1998 No 1997
No S71)
Statute Law Revision (Penalties) Act 1998
A1998-54 sch
notified 27 November 1998 (Gaz 1998 No S207
)
s 1, s 2 commenced 27 November 1998 (s 2 (1))
sch commenced 9 December 1998 (s 2 (2) and Gaz 1998 No 49
)
Legislation (Consequential Amendments) Act 2001
A2001-44 pt 251
notified 26 July 2001 (Gaz 2001 No 30
)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 251 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65
)
Criminal Code Harmonisation Act 2005
A2005-54 sch 1 pt 1.31
notified LR 27 October 2005
s 1, s 2 commenced 27 October 2005 (LA s 75 (1))
sch 1 pt 1.31 commenced 24 November 2005 (s 2)
Statute Law Amendment Act 2005 (No 2)
A2005-62 sch 3 pt 3.15
notified LR 21 December 2005
s 1, s 2 commenced 21 December 2005 (LA s 75 (1))
sch 3 pt 3.15 commenced 11 January 2006 (s 2 (1))
Statute Law Amendment Act 2009
A2009-20 sch 3 pt 3.54
notified LR 1 September 2009
s 1, s 2 commenced 1 September 2009 (LA s 75 (1))
sch 3 pt 3.54 commenced 22 September 2009 (s 2)
Personal Property Securities Act 2010
A2010-15 sch 3 pt 3.2
notified LR 1 April 2010
s 1, s 2 commenced 1 April 2010 (LA s 75 (1))
sch 3 pt 3.2 commenced 30 January 2012 (s 2 (2)
(b))
Name of
Act
s 1 sub A2005-62
amdt 3.144
Dictionary
s
2 om Ord1977-65
ins A2005-54
amdt
1.223
om R5
LA
ins A2005-62
amdt 3.144
amdt
1.2889
prev s 3 renum as s
3A
ins A2005-62
amdt 3.144
Offences against Act—application of
Criminal Code etc
s 3A (prev s 3) ins
A2005-54
amdt
1.223
renum R5 LA
Definitions for pt
2
s 4 def document of
title sub A2005-62
amdt
3.145
def mercantile agent
sub A2005-62
amdt
3.146
def pledge am A2005-62
amdt 3.147
Powers of mercantile
agent
s 6 sub A2005-62
amdt 3.148
Presumptions
s
7 am A2005-62
amdts 3.149-3.151
Pledge by way of
exchange
s 8 sub A2005-62
amdt 3.152
Pledge for existing
debt
s 9 sub A2005-62
amdt 3.152
Saving for common law powers of mercantile
agents
s 11 sub A2005-62
amdt 3.153
Consideration for
guarantee
s 12 sub A2005-62
amdt 3.154
Maximum rate of
interest
s 14 am Ord1966-19
; A2005-62
amdt 3.155
Debts and contracts of
children
s 15 sub A2005-62
amdt 3.156
Representations of character
etc
s 16 sub A2005-62
amdt 3.157
Definitions for pt
6
s 17 am Ord1985-67
def court om A2005-62
amdt 3.158
Charges covered by
lien
s 19 am A2005-62
amdt 3.159
Notice by warehouse
person
s 20 am A2010-15
amdt 3.2
Notice by person depositing
goods
s 21 am Ord1966-19
; A1998-54
sch
sub
A2005-54
amdt 1.224
Power to sell
goods
s 22 am A1996-87
Sale of goods to be
advertised
s 23 om A1996-87
Stay of proceedings to
sell
s 24 om A1996-87
Payment of charges before
sale
s 25 am Ord1966-19
om A1996-87
No action by reason of
sale
s 26 om A1996-87
Disposition of proceeds of
sale
s 27 am Ord1966-19
; A1991-44
; A1996-26
sch pt
18
om A1996-87
Service of notice by warehouse
person
s 28 sub A2005-62
amdt
3.160
am A2009-20
amdt 3.143
Notice provisions—substantial
compliance
s 29 am Ord1978-46
Application of pt
6
s 30 om A2005-62
amdt 3.161
Laws ceasing to be in
force
sch om A2001-44
amdt 1.2890
Dictionary
dict ins
A2005-62
amdt
3.162
am A2009-20
amdt
3.144
def advance ins A2005-62
amdt
3.162
def document of title
ins A2005-62
amdt
3.162
def lien ins A2005-62
amdt
3.162
def mercantile agent
ins A2005-62
amdt
3.162
def pledge ins A2005-62
amdt
3.162
def warehouse person
ins A2005-62
amdt 3.162
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.
|
Republication No |
Amendments to |
Republication date |
|---|---|---|
|
1 |
A1991-44 |
30 September 1991
2
A1996-87
31 January 1998
3
A2001-44
4 January 2002
4
A2005-54
24 November 2005
5
A2005-62
11 January 2006
6
A2009-20
22 September 2009
© Australian Capital Territory
2012
Australian Capital
Territory
A1962-4
Republication No 7
Effective: 30 January 2012
Republication date: 30 January 2012
Last amendment made by A2010-15
Unauthorised version prepared by ACT Parliamentary Counsel's Office
About this
republication
The republished law
This is a republication of the Mercantile Law Act 1962
(including any amendment made under the Legislation Act 2001
, part 11.3 (Editorial changes)) as in force on 30 January 2012
. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 30 January 2012
.
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.
Kinds of republications
The Parliamentary Counsel's Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au
):
• authorised republications to which the Legislation Act 2001
applies
• unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001
, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.
This republication includes amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au
). For more information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001
, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $110 for an individual and $550 for a corporation (see Legislation Act 2001
, s 133).
Australian Capital
Territory
Endnotes20
Australian Capital
Territory