Australian Capital Territory Current Acts

MERCANTILE LAW ACT 1962 - SECT 5

    (1)     Where—

        (a)     the owner of goods—

              (i)     has given possession of the goods to a person for the purpose of consignment or sale and the person has consigned the goods in his or her own name; or

              (ii)     has consigned the goods in the name of a person; and

        (b)     the consignee of the goods has not had notice that that person is not the owner of the goods;

the consignee has, in respect of advances made to or for the use of that person, the same lien on the goods as if that person were the owner of the goods.

    (2)     A consignee who has a lien on goods by virtue of subsection (1) may transfer the lien to any person.

    (3)     Nothing in this section limits or affects the validity of a sale, pledge or disposition by a mercantile agent.