An Act to give effect within Queensland to the United Nations Convention on Contracts for the International Sale of Goods, and for other purposes
Preamble
Whereas the United Nations Convention on Contracts for the International Sale of Goods was adopted in Vienna, Austria, on 10 April 1980 and was opened for signature and also for accession on 11 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.
This Act may be cited as the Sale of Goods (Vienna Convention) Act 1986.
(1)Sections 1 to 3 shall commence on the day on which this Act is assented to for and on behalf of Her Majesty.(2)Except as provided by subsection (1), this Act shall commence on a day, not being earlier than the day on which the Convention enters into force in respect of Australia, appointed by proclamation.
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;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;Minister means the Minister of the Crown charged with the administration of this Act and includes a Minister of the Crown for the time being performing the duties of the Minister.
This Act binds the Crown not only in right of Queensland but also, so far as the legislative power of Parliament permits, the Crown in all its capacities.
5Convention to have the force of law
The provisions of the Convention have the force of law in Queensland.
6Convention to prevail in event of inconsistency
The provisions of the Convention prevail over any other law in force in Queensland to the extent of any inconsistency.
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 and, in the absence of evidence to the contrary, conclusive evidence of the matters contained in the document.
sch amd 1988 No. 16 s 3