Australian Capital Territory Current Acts

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MERCANTILE LAW ACT 1962 - SECT 20

Notice by warehouse person

    (1)     Subject to this part, if a warehouse person fails, within the period of 3 months after the date of the deposit of goods, to give notice, in accordance with subsections (2) and (3), of the lien on the goods, the lien on the goods is void as against the persons to whom he or she failed to give notice.

    (2)     Notice of a lien on goods shall be given to—

        (a)     any person who has before the expiration of the period of 2 months after the date of the deposit of the goods served upon the warehouse person a notice of his or her claim to be the owner of the goods or an interest in the goods; and

        (b)     any person who has a security interest registered under the Personal Property Securities Act 2009

(Cwlth) in relation to the goods; and

        (c)     any other person (not being the person who deposited the goods) of whose interest in the goods the warehouse person at any time before the expiration of the period of 2 months after the date of the deposit of the goods has knowledge.

    (3)     Notice of a lien on goods—

        (a)     shall be in writing; and

        (b)     shall contain—

              (i)     a brief description of the goods; and

              (ii)     a statement showing the situation of the warehouse where the goods are stored, the date of their deposit with the warehouse person and the name of the person by whom they were deposited; and

              (iii)     a statement that a lien under this part is claimed by the warehouse person in respect of the goods.



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