Lloyd's Maritime and Commercial Law Quarterly
INTERNATIONAL LEGISLATION
AUSTRALIA
Limitation of Actions—South Australia. By an amendment to the Limitation of Actions Act (Amendment) Act 1936-1972 by Act No. 21 of 1975 where time limits of less than 12 months are prescribed in any Act for the bringing of an action such an action may be brought within 12 months. This applies to all actions except criminal actions, actions to try validity of an election, of title to an office, actions concerning the validity of assessments by local government bodies and any other action to which the limitation of time is, in the opinion of the Court, essential (s. 47). The Court may extend the time prescribed by an Act for instituting an action or taking any step in an action (s. 48).
Sale of Goods—South Australia. Manufacturers Warranties Act 1974. [No. 47 of 1975]. The Act applies to goods manufactured in or outside South Australia but not to goods manufactured before the commencement of the Act (s. 2). Where manufactured goods normally offered for sale below a retail price of $10,000 are sold in the State by retail, or are delivered to a purchaser in the State after retail sale, the manufacturer warrants that they are of merchantable quality and that (if appropriate) spare parts will be available for a reasonable period.
Merchantable quality implies such fitness for the purpose for which the goods are ordinarily purchased as may reasonably be expected from their price, their description by the manufacturer and other relevant considerations. Where the goods are not of merchantable quality the manufacturer will not be liable if the cause is the act or default of the customer, or other person or if the cause is beyond human control and the defect occurred after the goods left the control of the manufacturer. Nor will a manufacturer be liable where the lack of availability of spare parts is caused by circumstances not reasonably foreseeable. A customer may recover damages for breach of warranty and the rights created by this Act cannot be limited by the parties. The vendor has a right to recover against the manufacturer in certain circumstances.
Shipping. Protocol to Amend the Agreement of Feb. 25, 1954, on North Atlantic Ocean Stations as Amended on May 13, 1970. Treaty Series 1973, No. 20.
Trade and Commerce. South Australia. Fair Credit Reports Act 1974-75 [No. 11]. Confers on customers rights in relation to information that might be used to their detriment. Traders are placed under a duty to inform consumers of their use of adverse information and to disclose the information to them.
BELGIUM
The Financial Institutions Act, amends the Private Savings Bank (Consolidated Provisions) Act 1967; the Banks Decree 1935; the Public Share Subscriptions Act 1964; the Holding Companies Decree 1967; and the General Savings Bank Act 1865. Part 1 of the Act deals with private savings banks; Part 2 concerns banks: Part 3 covers public share subscriptions; Part 4 concerns holding companies; Part 5 covers miscellaneous, and Part 6 affects general savings banks.
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