Hire-Purchase Act 1959 (WA)

Western Australia Hire-Purchase Act 1959 Western Australia Hire-Purchase Act 1959 Contents Part I — Preliminary 1. Short title and commencement 2 1A. Application of Act 2 2. Terms used 3 2A. Orders making Act inapplicable 8 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 10 4. Owner to serve certain documents on hirer 15 Part III — Protection of hirers Division 1 — Warranties and conditions 5. Conditions and warranties implied in every agreement 17 6. Representations etc. by owner etc. to hirer, consequences of 18 Division 2 — Statutory rights of hirers 7. Hirer entitled to copy of agreement and statement of amounts paid, overdue and to be paid 19 8. Payment made under 2 or more agreements, apportionment of 20 9. Assigning hirer's rights under agreements 21 10. Court may allow goods to be moved 22 Division 3 — Early completion of agreements 11. Hirer may complete purchase at any time 23 Division 4 — Voluntary return of goods 12. Terminating hiring by returning goods 25 Division 5 — Repossessions 12A. Repossession requires Commissioner's consent in some cases 26 13. Procedure for and on repossessing goods 27 14. Owner to retain repossessed goods for 21 days 27 15. Hirer's rights and immunities on repossession 28 16. Hirer may obtain return of goods in some cases 31 17. Court may vary existing judgments etc. against hirer if goods are repossessed 32 Part IV — Guarantees 18. Guarantors 33 19. Some agreements by guarantor void if guarantor not independently advised 36 Part V — Insurance 20. Insurance of goods hired under agreement 38 21. Court's powers as to insurance contracts associated with hire‑purchase agreements 39 22. Contracts of insurance and related agreements, content of 40 23. Application of Part V 41 Part VI — Miscellaneous 23A. Commissioner 42 23B. Delegation by Commissioner 42 24. Court may reopen certain hire‑purchase transactions 43 25. Repossessing certain goods from farmers 44 26. Lien of worker on hired goods 45 27. Hired goods that have become fixtures 46 28. Provisions in agreements that are void 46 29. Payments etc. by financiers to dealers, restrictions on 48 30. Some transactions as to bailment prohibited 49 31. Securities collateral to hire‑purchase agreements 49 32. False statements by dealers etc. in proposals 50 33. Hirer may be required to state where goods are 50 34. Fraudulent sale or disposal of goods by hirer 50 35. Court may extend prescribed times 51 36. Court may order delivery of goods unlawfully detained 51 36A. Relief against consequences of breach of agreement by hirer 51 36C. Investigation powers 54 37. Service of notices and proof of service 54 37A. Court may dispense with service 54 38. Text of prescribed documents to be legible etc. 55 39. General offence and penalty 56 40. Time limit for prosecutions 56 40A. Regulations 56 First Schedule — Statement to be given to hirer Part 1 — Form of statement Part 2 — Furniture Second Schedule — Advice to hirers Third Schedule — Notice of intention to repossess Fourth Schedule — Advice to hirers Fifth Schedule — Formula for calculating percentage rate of terms charges 1. Formula for calculating percentage rate of terms charges 63 Notes Compilation table 65 Western Australia Hire‑Purchase Act 1959 An Act to consolidate and amend the law relating to hire‑purchase.