Sale of Goods (Vienna Convention) Act 1987
An Act to give the Vienna Convention on Contracts for the International Sale of Goods the force of law in Tasmania
Whereas the United Nations Convention on Contracts for the International Sale of Goods was adopted at Vienna, Austria, on 10th April 1980 and was opened for signature and also for accession on 11th April 1980:
And whereas 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 of or having effect in the Territories:
Be it therefore enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
This Act may be cited as the Sale of Goods (Vienna Convention) Act 1987 .
(1) This section and section 1 shall commence on the day on which this Act receives the Royal Assent.(2) Except as provided in subsection (1) , this Act shall commence on such day as may be fixed by proclamation, not being earlier than the day on which the Convention enters into force in respect of Australia.
In this Act –Convention means the United Nations Convention on Contracts for the International Sale of Goods adopted at Vienna, Austria, on 10th April 1980 and opened for signature and also for accession on 11th April 1980, a copy of which is set out in Schedule 1 .
This Act binds the Crown not only in right of Tasmania but also, so far as the legislative power of Parliament permits, binds the Crown in all of its other capacities.
5. Convention to have the force of law
The provisions of the Convention have the force of law in Tasmania.
6. Convention to prevail in event of inconsistency
The provisions of the Convention prevail over any other law in force in Tasmania to the extent of any inconsistency.
7. 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 –is evidence of the matters contained in the document.(a) declaring that the Convention has entered or will enter into force, with effect from a specified date, in respect of a specified country;(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 –(2) [Section 7 Subsection (2) substituted by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008] In this section –legal practitioner means an Australian legal practitioner.
SCHEDULE 1 - United Nations Convention on Contracts for the International Sale of Goods
