Sale of Goods (Vienna Convention) Act 1986 (SA)

South Australia Sale of Goods (Vienna Convention) Act 1986 An Act to give effect within South Australia to the United Nations Convention on Contracts for the International Sale of Goods; and for other purposes.

Contents Preamble 1 Short title 2 Commencement 3 Interpretation 4 Convention to have the force of law 5 Convention to prevail in event of inconsistency 6 Evidence of certain matters Schedule—United Nations Convention on contracts for the International Sale of Goods Legislative history

Preamble 1 The United Nations Convention on Contracts for the International Sale of Goods was adopted at Vienna, Austria, on 10 April 1980 and was opened for signature and also for accession on 11 April 1980. 2 It has been agreed between the Commonwealth, the States and the Northern Territory that the provisions of the Convention should, after it enters into force in respect of Australia, have the force of law in the States and Territories by virtue of legislation of the respective States and Territories.

The Parliament of South Australia enacts as follows: 1—Short title This Act may be cited as the Sale of Goods (Vienna Convention) Act 1986. 2—Commencement This Act shall come into operation on a day to be fixed by proclamation, being a day not earlier than the day on which the Convention enters into force in respect of Australia. 3—Interpretation In this Act— Convention means the United Nations Convention on contracts for the International Sale of Goods adopted at Vienna, Austria, on 10 April 1980 and opened for signature and also for accession on 11 April 1980, a copy of which is set out in the Schedule. 4—Convention to have the force of law The provisions of the Convention have the force of law in South Australia. 5—Convention to prevail in event of inconsistency The provisions of the Convention prevail over any other law in force in South Australia to the extent of any inconsistency. 6—Evidence of certain matters (1) A document purporting to be a notice issued by the Minister and published in the Gazette, or a document purporting to be a notice issued by a Minister of State for the Commonwealth and published in the Commonwealth of Australia Gazette, or a document certified by a legal practitioner to be a true copy of such a notice— (a) declaring that the Convention has entered or will enter into force, with effect from a specified date, in respect of a specified country; or (b) declaring that a specified country has made a declaration under Part IV of the Convention and specifying details of that declaration, including the date the declaration took or will take effect; or (c) declaring that a specified country has denounced the Convention or Part II or III of the Convention and specifying the date the denunciation took or will take effect, is evidence of the matters contained in the document. (2) In this section— legal practitioner means a barrister, solicitor, a barrister and solicitor, or a legal practitioner, of the Supreme Court of a State or Territory of the Commonwealth or of the High Court of Australia.