Australian Capital Territory

lay-by sales agreements act 1963
This consolidation has been prepared by the ACT Parliamentary Counsel’s Office
Updated as at 9 December 1998
TABLE OF PROVISIONS
Section
	1.	Short title
	2.	Commencement
	3.	Interpretation
	4.	Agreements for lay-by sales of goods not in seller’s possession
	5.	Terms and conditions to be reduced to writing
	6.	Records
	7.	Documents to be furnished to buyer
	8.	Avoidance of certain provisions
	9.	Provision for “awards” to be void
	10.	Appropriation of payments in respect of lay-by sales agreements
	11.	Other laws and conditions and warranties
	12.	Seller to label and set aside goods after approval by buyer
	13.	Passing of property and goods which have perished
	14.	Non-delivery
	15.	Manner in which seller may determine lay-by sale agreement
	16.	Manner in which buyer may determine lay-by sale agreement
	17.	Effect of determination of lay-by sale agreement
	18.	Moneys received under certain agreements to be maintained in trust account

	19.	Contracting out prohibited
	20.	Regulations
The Schedule
Summary of Sections 5, 7, 12, 15, 16 and 17
of the Lay-by Sales Agreements Act

Australian Capital Territory

lay-by sales agreements act 1963
An Act relating to the Sale of Goods under Lay-by Sales Agreements
1. 	Short title
	This Act may be cited as the Lay-by Sales Agreements Act 1963.1
2. 	Commencement
	This Act shall come into operation on a date to be fixed by the Minister by notice in the Gazette.1
3. 	Interpretation
(1) 	In this Act, unless the contrary intention appears—
“goods” includes all chattels personal other than things in action and money;
“lay-by sale agreement” means—
	(a)	a sale of goods; or
	(b)	an agreement to sell goods;
under which it is agreed expressly or impliedly that—
	(c)	the goods will not be delivered to the buyer until the purchase price or a specified part of the purchase price is paid, whether or not any charge is payable for storage of the goods; and

	(d)	the purchase price or, where a deposit is paid, the balance of the purchase price—
	(i)	is to be paid by instalments, whether the number of instalments or the amount of all or any of the instalments is fixed by the agreement or is left to the option of the buyer; or
	(ii)	is to be paid at the expiration of a fixed or ascertainable period with an option, expressed or implied, for the purchaser to make payments in respect of the purchase price during that period, but does not include an agreement to sell goods to which section 18 applies.
(2) 	For the purposes of this Act, the purchase price of goods shall be deemed to be the total amount of the moneys paid or payable for the goods and the value of any other consideration provided or to be provided to complete the purchase of the goods.
4. 	Agreements for lay-by sales of goods not in seller’s possession
(1) 	Subject to this section, a person shall not agree to sell goods under a lay-by sale agreement unless the goods are in his or her possession at the time at which the agreement is made.
Penalty:  
	(a)	if the offender is a natural person—50 penalty units;
	(b)	if the offender is a body corporate—250 penalty units.
(2) 	A person may agree to sell under a lay-by sale agreement goods not in his or her possession at the time at which the agreement is made if the agreement provides that—
	(a)	the seller shall not accept any payment, other than a deposit not exceeding one-fifth of the purchase price of the goods, until the goods have been received into the possession of the seller, and have been inspected and approved by the buyer; and
	(b)	any time fixed for the payment of the purchase price (other than the deposit) shall commence to run as from the day upon which the goods are so inspected and approved by the buyer.
(3) 	The seller shall hold the moneys received in respect of a lay-by sale agreement of goods referred to in subsection (2) exclusively for the benefit of the buyer to be disbursed as he or she directs.
Penalty:  
	(a)	if the offender is a natural person—50 penalty units;
	(b)	if the offender is a body corporate—250 penalty units.
5. 	Terms and conditions to be reduced to writing
(1) 	The seller under a lay-by sale agreement shall, at the time at which the agreement is made, reduce to writing the terms and conditions of the agreement, not being terms and conditions implied by this Act or by the Sale of Goods Act 1954.
Penalty:  
	(a)	if the offender is a natural person—50 penalty units;
	(b)	if the offender is a body corporate—250 penalty units.
(2) 	An agreement made between the seller and the buyer under a lay-by sale agreement that varies, or adds to, the terms and conditions of the lay-by sale agreement as reduced to writing is voidable at the option of the buyer.
6. 	Records
(1) 	A seller under a lay-by sale agreement shall keep the prescribed records and shall preserve those records for a period of 12 months after the completion or termination of the agreement.
Penalty:  
	(a)	if the offender is a natural person—50 penalty units;
	(b)	if the offender is a body corporate—250 penalty units.
(2) 	The prescribed particulars for the purposes of subsection (1) are—
	(a)	the name and address of the buyer of the goods;
	(b)	a description of the goods;
	(c)	the purchase price of the goods;
	(d)	the date on which the lay-by sale agreement was made;
	(e)	the amount of each payment made to him or her, under the lay-by sale agreement, by the buyer and the value of any other consideration provided to complete the purchase of the goods;
	(f)	the date on which the goods were inspected and approved by the buyer; and
	(g)	a number for the lay-by agreement.
7. 	Documents to be furnished to buyer
	A seller under a lay-by sale agreement shall deliver to the buyer, at the time the agreement is made—
	(a)	a sales docket containing the following particulars:
	(i)	a description of the goods including, where the goods are second-hand goods, a statement that the goods are second-hand goods;
	(ii)	an itemised statement of the purchase price of each article comprising the goods; and
	(iii)	the recorded number of the lay-by sale agreement in the record kept by the seller under section 6; and
	(b)	a copy, printed in type not smaller than ten-point Times and signed by the seller or by the person who enters into the agreement on his or her behalf, of the terms and conditions of the agreement as reduced to writing; and
	(c)	a notice in writing containing a summary, in accordance with the form set out in the Schedule, of the provisions of sections 5, 7, 12, 15, 16 and 17.
Penalty:  
	(a)	if the offender is a natural person—20 penalty units;
	(b)	if the offender is a body corporate—100 penalty units.
8. 	Avoidance of certain provisions
(1) 	A provision of a lay-by sale agreement whereby—
	(a)	the right conferred on the buyer by this Act to determine a lay-by sale agreement is excluded or restricted or a liability in addition to the liability imposed by this Act is imposed on the buyer by reason of the termination of a lay-by sale agreement;
	(b)	the buyer is, after the determination of the lay-by sale agreement, subject to a liability that exceeds the liability to which he or she would have been subject if the lay-by sale agreement had been determined by him or her under this Act;
	(c)	a person acting on behalf of the seller in connection with the formation or conclusion of any lay-by sale agreement is treated as, or deemed to be, the agent of the buyer; or
	(d)	the seller is relieved from liability for the acts or defaults of any person acting on his or her behalf in connection with the formation or conclusion of a lay-by sale agreement;
is void.
(2) 	In this section, “lay-by sale agreement” includes an agreement supplementary to, or collateral with, a lay-by sale agreement.
9. 	Provision for “awards” to be void
(1) 	A provision of a lay-by sale agreement made after the commencement of this Act or of an agreement supplementary to, or collateral with, a lay-by sale agreement whereby the seller undertakes to deliver the goods sold or agreed to be sold without further payment or to release the buyer from liability for all or any of the payment due or to become due under the lay-by sale agreement upon conditions specified in the lay-by sale agreement or the agreement supplementary to or collateral with it shall be void.
(2) 	A seller shall not enter into an agreement containing a provision referred to in subsection (1).
Penalty:  
	(a)	if the offender is a natural person—50 penalty units;
	(b)	if the offender is a body corporate—250 penalty units.
10. 	Appropriation of payments in respect of lay-by sales agreements
(1) 	Where a buyer is liable to make payments in respect of 2 or more lay-by sales agreements to the same seller and he or she pays to the seller in respect of the agreements a sum that is not sufficient to discharge the total amount due under all the agreements, the buyer may, notwithstanding any agreement to the contrary, direct the seller—
	(a)	to appropriate the sum paid in or towards the satisfaction of the sum due under any 1 of the agreements;
	(b)	to appropriate the sum paid in or towards the satisfaction of the sums due under 2 or more of the agreements in such proportions as the buyer specifies; or
	(c)	to appropriate such portions of the sum paid as the buyer specifies in or towards the satisfaction of the sums due under such of the agreements as the buyer specifies;
and, if the seller fails to comply with the direction, the sum shall, notwithstanding the failure, be deemed to have been appropriated by the seller accordingly.
(2) 	If the buyer does not give a direction under subsection (1), the sum paid by him or her shall be appropriated by the seller towards the satisfaction of the sums due under the respective lay-by sales agreements in the proportions that those sums bear to the total amount due under all the agreements, and, if the seller fails so to appropriate the sum, it shall, notwithstanding the failure, be deemed to have been so appropriated.
(3) 	This section applies to, and in relation to, lay-by sales agreements whether the lay-by sales agreements were entered into before, or are entered into after, the commencement of this Act.
11. 	Other laws and conditions and warranties
(1) 	Subject to this Act, the Sale of Goods Act 1954 applies to a lay-by sale agreement.
(2) 	In every lay-by sale agreement there is—
	(a)	an implied warranty that the buyer shall, after delivery to him or her of the goods, have and enjoy quiet possession of the goods;
	(b)	an implied condition on the part of the seller—
	(i)	in the case where the goods are in the possession of the seller at the time when the lay-by sale agreement is made—that he or she has a right to sell the goods; and
	(ii)	in the case where the goods are not in the possession of the seller when the lay-by sale agreement is made—that he or she will have the right to sell the goods which are inspected and approved by the buyer when they are inspected and approved;
	(c)	an implied warranty—
	(i)	in the case where the goods are in the possession of the seller at the time when the lay-by sale agreement is made—that the goods are free from any charge or encumbrance in favour of a third party that is not declared or known to the buyer before or at the time when the contract is made; and
	(ii)	in the case where the goods are not in the possession of the seller at the time when the lay-by sale agreement is made—that the goods when inspected and approved by the buyer will be free from any charge or encumbrance in favour of a third party that is not declared or known to the buyer before or at the time of inspection and approval; and
	(d)	subject to subsection (3), an implied condition that the goods will, upon delivery, be of merchantable quality.
(3) 	The condition referred to in paragraph (2) (d) shall not be implied—
	(a)	where—
	(i)	the goods are second-hand goods; and
	(ii)	the sales docket relating to the lay-by sale agreement contains a statement that the goods are second-hand goods; or
	(b)	as to defects—
	(i)	which the seller could not reasonably have been aware of at the time when the property in the goods passed; or
	(ii)	which, where the buyer has examined the goods, ought to have been revealed by the examination.
(4) 	The seller under a lay-by sale agreement is not entitled to rely on a provision of the agreement excluding or modifying the condition specified in subsection 19 (2) of the Sale of Goods Act 1954 unless he or she proves that, before the agreement was made, the provision was brought to the notice of the buyer and its effect made clear to him or her.
12. 	Seller to label and set aside goods after approval by buyer
(1) 	The seller under a lay-by sale agreement shall—
	(a)	where the goods are in the possession of the seller at the time when the lay-by sale agreement is made—at that time; or
	(b)	where the goods are not in the possession of the seller when the lay-by sale agreement is made—at the time when they are inspected and approved by the buyer;
securely label the goods in the prescribed manner and shall set aside and keep the goods in his or her possession.
Penalty:  
	(a)	if the offender is a natural person—50 penalty units;
	(b)	if the offender is a body corporate—250 penalty units.
(2) 	The prescribed manner, for the purposes of subsection (1) is to attach securely—
	(a)	where the goods are unwrapped—to the goods; or
	(b)	where the goods are wrapped—to the wrapping,
a label stating the recorded number of the lay-by sale agreement in the records kept by the seller under section 5.
(3) 	The seller shall, when requested to do so by the buyer or a member of the Police Force of the Territory, produce the goods and the records kept by him or her relating to the lay-by sale agreement for the inspection of the buyer or member of the Police Force.
Penalty:  
	(a)	if the offender is a natural person—50 penalty units;
	(b)	if the offender is a body corporate—250 penalty units.
(4) 	Where a seller under a lay-by sale agreement fails to comply with subsection (1) or (3), the lay-by sale agreement is voidable at the option of the buyer and, if the buyer avoids the lay-by sale agreement, the buyer is entitled to recover, as a debt due and payable to him or her by the seller, any moneys, being part of the purchase price, paid by the buyer under the lay-by sale agreement.
13. 	Passing of property and goods which have perished
(1) 	The property in goods, the subject of the lay-by sale agreement, passes to the buyer—
	(a)	where the goods are in the possession of the seller at the time when the lay-by sale agreement is made—at that time; or
	(b)	where the goods are not in the possession of the seller when the lay-by sale agreement is made—at the time when they are inspected and approved by the buyer.
(2) 	The passing of property in goods, the subject of a lay-by sale agreement, under subsection (1) is conditional upon its revesting in the seller upon the determination of the lay-by sale agreement.
14. 	Non-delivery
	Where—
	(a)	the time fixed for delivery by a seller of goods the subject of a lay-by sale agreement has passed; and
	(b)	the seller does not deliver the goods upon request by the buyer;
the buyer may recover from the seller the amount that the buyer has paid under the agreement as a debt due and payable by the seller to the buyer, and, where the market or current price of the goods at the time fixed for delivery exceeds the purchase price, the amount of that excess.
15. 	Manner in which seller may determine lay-by sale agreement
(1) 	A seller under a lay-by sale agreement shall not, in the exercise of a power expressly or impliedly conferred on him or her under the terms of the lay-by sale agreement, determine the lay-by sale agreement unless—
	(a)	he or she has given notice of his or her intention so to do by serving on the buyer, at the last address of the buyer known to him or her, a notice of his or her intention to determine the lay-by sale agreement;
	(b)	he or she has specified, in the notice, the date, not being a date earlier than 14 days after the service of the notice, upon which he or she intends to determine the lay-by sale agreement; and
	(c)	he or she has served on the buyer, at the time of serving the notice of his or her intention to determine the lay-by sale agreement, a statement in writing signed by him or her specifying—
	(i)	the purchase price of the goods under the lay-by sale agreement;
	(ii)	the amount of the storage charge, if any, at the date on which it is intended to determine the lay-by sale agreement;
	(iii)	the total amount of moneys paid, or the value of any other consideration provided, towards the purchase price by the buyer;
	(iv)	the amount that the seller estimates is sufficient to recoup him or her for selling costs in respect of the lay-by sale agreement;
	(v)	the balance payable by the buyer to complete the lay-by sale agreement; and
	(vi)	the balance, if any, that the seller estimates to be the amount to be due, under section 17, to the buyer or to the seller.
(2) 	If, on or before the date specified in the notice as the date on which the seller intends to determine the lay-by sale agreement, the buyer tenders to the seller the balance due in respect of the purchase price of the goods and the storage charge under the lay-by sale agreement, if any, the seller shall deliver the goods to the buyer.
Penalty:  
	(a)	if the offender is a natural person—50 penalty units;
	(b)	if the offender is a body corporate—250 penalty units.
16. 	Manner in which buyer may determine lay-by sale agreement
(1) 	A buyer under a lay-by sale agreement may, at any time before the lay-by sale agreement is completed or determined, determine the lay-by sale agreement by serving, at the place of business of the seller, a notice in writing of his or her intention to determine the lay-by sale agreement and, if the buyer so serves such a notice, the lay-by sale agreement shall be determined from the date of service of the notice, or, where a date later than the date of service is specified in the notice as the date on which the lay-by sale agreement shall be determined, from that later date.
(2) 	Where—
	(a)	the buyer has served a notice under subsection (1);
	(b)	the buyer has served on the seller a request that the seller furnish him or her with a statement under this subsection; and
	(c)	the buyer has paid or tendered to the seller the sum of 20 cents;
the seller shall, within 7 days after receiving the request, make available to the buyer a statement signed by the seller stating—
	(d)	the purchase price of the goods under the lay-by sale agreement;
	(e)	the amount of the storage charge, if any, at the date on which it is intended to determine the lay-by sale agreement;
	(f)	the total amount of moneys paid, or the value of any other consideration provided, towards the purchase price by the buyer;
	(g)	the amount that the seller estimates is sufficient to recoup him or her for selling costs in respect of the lay-by sale agreement;
	(h)	the balance payable by the buyer to complete the lay-by sale agreement; and
	(i)	the balance, if any, that the seller estimates to be the amount to be due, under section 17, to the buyer or to the seller.
Penalty:  
	(a)	if the offender is a natural person—20 penalty units;
	(b)	if the offender is a body corporate—100 penalty units.
(3) 	This section does not prejudice any right a buyer has under a lay-by sale agreement to determine the lay-by sale agreement otherwise than by virtue of this section.
17. 	Effect of determination of lay-by sale agreement
(1) 	Where, at the time of the determination of a lay-by sale agreement, the total of—
	(a)	the amount of moneys paid by the buyer under the lay-by sale agreement;
	(b)	the value of any other consideration provided by the buyer under the lay-by sale agreement; and
	(c)	the value of the goods at the time of the determination of the lay-by sale agreement;
exceeds the total of—
	(d)	the proportionate amount of the storage charge, if any, under the lay-by sale agreement, for the period for which the agreement has been in force;
	(e)	an amount sufficient to recoup the seller for his or her selling costs in respect of the lay-by sale agreement; and
	(f)	the purchase price of the goods;
the buyer is entitled to recover from the seller the amount of the excess as a debt due and payable by the seller to the buyer.
(2) 	If the total of the amounts specified in paragraphs (1) (d), (e) and (f) exceeds the total of the amounts specified in paragraphs (1) (a), (b) and (c), the seller is entitled to recover from the buyer the amount of the excess as a debt due and payable by the buyer to the seller.
(3) 	Except as provided by subsection (2), where a lay-by sale agreement is determined, the buyer ceases to be liable to make any further payments under the lay-by sale agreement.
(4) 	Where a lay-by sale agreement has been determined under section 15 or 16, the value of the goods at the time of the determination of the lay-by sale agreement shall be deemed to be—
	(a)	the purchase price of the goods; or
	(b)	the retail market selling price of the goods at the time of the determination, assuming, in a case where the condition of the goods has deteriorated since the time when the property in the goods passed to the buyer, that their condition has not deteriorated;
whichever is the less.
18. 	Moneys received under certain agreements to be maintained in trust account
(1) 	In this section—
“buyer” includes a person to whom the rights and liabilities of a buyer have passed by assignment or by operation of law;
 “seller” includes a person to whom the rights and liabilities of a seller have passed by assignment or by operation of law.
(2) 	This section applies to an agreement to sell goods under which it is agreed, expressly or impliedly, between the seller and the buyer that—
	(a)	the purchase price, or, where a deposit is paid, the balance of the purchase price—
	(i)	is to be paid by instalments, whether the number of instalments or the amount of all or any of the instalments is fixed by the agreement or is left to the option of the buyer; or
	(ii)	is to be paid at the expiration of a fixed or ascertainable period with an option, express or implied, for the buyer to make payments in respect of the purchase price during that period; and
	(b)	the buyer shall, at a time subsequent to the date of the agreement, make a selection of the goods to be accepted by him or her in pursuance of the agreement, whether or not the buyer indicates at the date of the agreement a choice or preference in relation to the goods or the type or class of goods to be selected by him or her.
(3) 	The seller shall be deemed to hold all moneys received by him under an agreement to which this section applies in trust for the buyer to be disbursed as the buyer directs, and, until the moneys are so disbursed, the seller shall maintain them in a trust account, whether general or separate, with a bank, credit union or building society in the Australian Capital Territory.
(4) 	Moneys maintained in a trust account in accordance with subsection (3) are trust moneys and are not available for the payment of the debts of the seller to any other creditor of the seller or liable to be attached or taken in execution under an order or process of any court at the instance of any such other creditor, but nothing in this section takes away or affects any just claim or lien that the seller may have against or upon those moneys.
(5) 	Subject to subsection (6), a bank, credit union or building society shall not, in connection with any transaction in relation to any account of a seller kept with it or with any other bank, credit union or building society, incur any liability or be under any obligation to make an inquiry or be deemed to have any knowledge of any right of any person to any money paid or credited to such an account that it would not incur or be under or be deemed to have in the case of an account kept by a person entitled absolutely to all the money paid or credited to it, but nothing in this subsection relieves a bank, credit union or building society from any liability or obligation to which it would be subject apart from this Act.
(6) 	Notwithstanding anything in subsection (5), a bank, credit union or building society at which a seller keeps an account for buyers’ money shall not, in respect of any liability of the seller to the bank, credit union or building society, not being a liability in connection with that account, have or obtain any recourse or right, whether by way of set-off, counterclaim, charge or otherwise, against moneys standing to the credit of that account, but nothing in this subsection deprives a bank, credit union or building society of any right existing at the commencement of this Act.
Penalty:  
	(a)	if the offender is a natural person—50 penalty units;
	(b)	if the offender is a body corporate—250 penalty units.
19. 	Contracting out prohibited
	The provisions of this Act apply notwithstanding any stipulation to the contrary whether made before or after the commencement of this Act.
20. 	Regulations
	The Executive may make regulations, not inconsistent with this Act, prescribing all matters that by this Act are required or permitted to be prescribed, or that are necessary or convenient to be prescribed, for carrying out or giving effect to this Act and, in particular, prescribing penalties not exceeding—
	(a)	if the offender is a natural person—10 penalty units; or
	(b)	if the offender is a body corporate—50 penalty units;
for offences against the regulations.

	The Schedule	Section 7
Australian Capital Territory
Summary Of Sections 5, 7, 12, 15, 16 And 17 Of The Lay-by Sales Agreements Act
1.  The seller of goods under a lay-by sale agreement is required to hand to the buyer, at the time the agreement is made, the following documents:
	(a)	a sales docket stating a description of the goods including, where the goods are second-hand goods, a statement that the goods are second-hand goods, the price of the goods and the recorded number of the lay-by sale agreement;
	(b)	a copy, signed by the seller or the person who enters into the agreement on his or her behalf, of the terms and conditions of sale, not being terms and conditions implied by law; and
	(c)	a copy of this Summary.
2.  Any agreement made between the seller and buyer varying, or adding to, the terms and conditions of the lay-by sale agreement, as stated in the copy of them handed to the buyer at the time of the making of the agreement, is voidable at the option of the buyer.
3.  The buyer has the right to inspect, at any reasonable time, the goods that have been labelled and set aside for him or her under the lay-by sale agreement and the entry relating to the lay-by sale agreement in the records of lay-by sales agreements kept by the seller.  If the seller fails to label and set aside the goods after they have been approved by the buyer or to allow the buyer to inspect the goods or the records relating to the lay-by sale agreement, the buyer may avoid the lay-by sale agreement and claim the return of any moneys he or she has paid to the seller.
4.  Notwithstanding any agreement to the contrary, a seller shall not, in the exercise of a power expressly or impliedly conferred on him or her under the terms of a lay-by sale agreement, determine the lay-by sale agreement unless—
	(a)	he or she gives notice of his or her intention so to do by serving on the buyer, at the last address of the buyer known to him or her, a notice of his or her intention to determine the lay-by sale agreement;
	(b)	he or she specifies, in the notice, the date, not being a date earlier than 14 days after the service of the notice, upon which he or she intends to determine the lay-by sale agreement; 
	(c)	he or she serves on the buyer, at the same time as he or she serves the notice of his or her intention to determine the lay-by sale agreement, a statement in writing signed by him or her specifying—
	(i)	the purchase price of the goods under the lay-by agreement;
	(ii)	the amount of the storage charge, if any, at the date on which it is intended to determine the lay-by sale agreement;
	(iii)	the total amount of moneys paid, or the value of any other consideration provided, towards the purchase price by the buyer;
	(iv)	the amount that the seller estimates is sufficient to recoup him or her for selling costs in respect of the lay-by sale agreement;
	(v)	the balance payable by the owner to complete the lay-by sale agreement; and
	(vi)	the balance, if any, which the seller estimates to be the amount to be due to the buyer in accordance with clause 8 of this Summary.
5.  If, on or before the date specified, in the notice of intention to determine the lay-by sale agreement as the date on which the seller intends to determine the lay-by sale agreement, the buyer tenders to the seller the balance due in respect of the purchase price of the goods and the storage charge under the lay-by sale agreement, if any, the seller shall deliver the goods to the buyer.
6.  Notwithstanding any agreement to the contrary, the buyer may, at any time before the lay-by sale agreement is completed or determined, determine the lay-by sale agreement by serving, at the place of business of the seller, a notice in writing of his or her intention to determine the lay-by sale agreement and, if the buyer so serves such a notice, the lay-by sale agreement shall be determined from the date of service of the notice, or, where a date later than the date of service is specified in the notice as the date on which the lay-by sale agreement shall be determined, from that later date.
7.  If—
	(a)	the buyer serves on the seller a notice in writing of his or her intention to determine the lay-by sale agreement;
	(b)	the buyer requests the seller to furnish him or her with a statement under subsection (2) of section 16 of the Lay-by Sales Agreements Act; and
	(c)	the buyer pays or tenders to the seller the sum of 20 cents;
the seller shall, within 7 days after receiving the request, make available to the buyer a statement signed by the seller stating the same particulars in respect of the lay-by sale agreement as are required in the statement that the seller is required to serve on the buyer if the seller intends to terminate the lay-by sale agreement (see 4 paragraph 4 (c) of this Summary).
8.  Where, at the time of the determination of a lay-by sale agreement, the total of—
	(a)	the amount of moneys paid by the buyer under the lay-by sale agreement;
	(b)	the value of any other consideration provided by the buyer under the lay-by sale agreement; and
	(c)	the value of the goods at the time of the determination of the lay-by sale agreement,
exceeds the total of—
	(d)	the amount of the storage charge, if any, under the lay-by sale agreement;
	(e)	an amount sufficient to recoup the seller for his or her selling costs in respect of the lay-by sale agreement; and
	(f)	the purchase price of the goods;
the buyer is entitled to recover from the seller the amount of the excess as a debt due and payable by the seller to the buyer.
9.  Where the total of the amounts specified in paragraphs 8 (d), (e) and (f) exceeds the total of the amounts specified in paragraphs 8 (a), (b) and (c), the seller is entitled to recover from the buyer the amount of the excess as a debt due and payable by the buyer to the seller.
10.  Except as provided in clause 9, where a lay-by sale agreement is determined, the buyer ceases to be liable to make any further payments under the lay-by sale agreement.
11.  Where a lay-by sale agreement has been determined under section 15 or 16 of the Lay-by Sales Agreements Act, the value of the goods at the time of the determination of the lay-by sale agreement shall be deemed to be—
	(a)	the purchase price of the goods; or
	(b)	the retail market selling price of the goods at the time of the determination, assuming, in a case where the condition of the goods has deteriorated since the time when the property in the goods passed to the buyer, that their condition has not deteriorated;
whichever is the less.

NOTES
1.	The Lay-by Sales Agreements Act 1963 as shown in this reprint comprises Act No. 9, 1963 amended as indicated in the Tables below.
	Citation of Laws—The Self-Government (Citation of Laws) Act 1989  (No. 21, 1989) altered the citation of most Ordinances so that after Self-Government day they are to be cited as Acts.  That Act also affects references in ACT laws to Commonwealth Acts.
2.	The Legislation (Republication) Act 1996 (No. 51, 1996) authorises the Parliamentary Counsel in preparing a law for republication, to make certain editorial and other formal amendments in accordance with current legislative drafting practice.  Those amendments make no change in the law.  Amendments made pursuant to that Act do not appear in the Table of Amendments but details may be obtained on request from the Parliamentary Counsel’s Office.
Table 1
Table of Ordinances
Ordinance	Number  
and year	Date of 
notification 
in Gazette	Date of 
commencement	Application, saving or transitional provisions	

Lay-by Sales Agreements Ordinance 1963	9, 1963	9 May 1963	1 July 1963 (see Gazette 1963, 
p. 1617)		
Ordinances Revision (Decimal Currency) Ordinance 1966	19, 1966	23 Dec 1966	23 Dec 1966	—	
	as 
amended
by
36, 1967	

30 Nov 1967	

23 Dec 1966	

—	
Lay-by Sales Agreements Ordinance 1972	21, 1972	3 Aug 1972	3 Aug 1972	—	
Ordinances Revision Ordinance 1978	46, 1978	28 Dec 1978	28 Dec 1978	—	
Self-Government (Consequential Amendments) Ordinance 1989	38, 1989	10 May 1989	Ss. 1 and 2:  10 May 1989
Remainder:  11 May 1989 (see s. 2 (2) and Gazette 1989, No. S164)
	—	
Self-Government day 11 May 1989

Table 2
Table of Acts
Act	Number  
and year	Date of 
notification 
in Gazette	Date of 
commencement	Application, saving or transitional provisions	
(Reprinted as at 30 June 1991)	
Statute Law Revision (Penalties) Act 1994	81, 1994	29 Nov 1994	Ss. 1 and 2:  29 Nov 1994
Remainder:  29 Nov 1994 (see Gazette 1994, No. S269, p. 2)	—	

Financial Institutions (Removal of Discrimination) Act 1997	88, 1997	1 Dec 1997	Ss. 1 and 2:  1 Dec 1997
Remainder: 31 Dec 1997 (see Gazette   1997 No. S442)	—	
(Reprinted as at 31 December 1997)	
Statute Law Revision (Penalties) Act 1998	54, 1998	27 Nov 1998	Ss. 1 and 2:  27 Nov 1998
Remainder:  9 Dec 1998 (see Gazette 1998, No. 49, p. 1078)
	—	
Table of Amendments
ad. = added or inserted      am. = amended     rep. = repealed      rs. = repealed and substituted

Provision	How affected

Ss. 4-7	am. No. 19, 1966 (as am. by No. 36, 1967); Act No. 81, 1994
S. 9	am. No. 19, 1966 (as am. by No. 36, 1967); Act No. 81, 1994
S. 11	am. No. 21, 1972
S. 12	am. No. 19, 1966 (as am. by No. 36, 1967): Act No. 81, 1994
Ss. 15, 16	am. No. 19, 1966 (as am. by No. 36, 1967); Act No. 81, 1994
S. 18	am. No. 19, 1966 (as am. by No. 36, 1967); Act No. 81, 1994; No. 88, 1997
S. 20	am. No. 19, 1966 (as am. by No. 36, 1967); No. 46, 1978; No. 38, 1989; Act No. 54, 1998
The Schedule	am. No. 19, 1966 (as am. by No. 36, 1967); No. 46, 1978