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Australia

Effective date: 1 April 1989

Declarations and reservations: Australia has filed an Article 93 declaration.

"The Convention shall apply to all Australian States and mainland territories and to all external territories except the territories of Christmas Island, the Cocos (Keeling) Islands and the Ashmore and Cartier Islands."

Comments: This is an authorized Article 93 declaration. Territorial restrictions are as stated. [See entry on Article 93 for further data on Article 93 declarations.]

"[L]egislation concerning . . . the CISG has been enacted by each [Australian] state. [The relevant pieces of domestic legislation in the various states are the Sale of Goods (Vienna Convention) Act 1986 (Qld); Sale of Goods (Vienna Convention) Act 1986 (NSW); Sale of Goods (Vienna Convention) Act 1986 (SA); Sale of Goods (Vienna Convention) Act 1986 (WA); Sale of Goods Vienna Convention Act 1987 (TAS); Sale of Goods (Vienna Convention) Act 1987 (ACT); Sale of Goods (Vienna Convention) Act 1987 (VIC); Sale of Goods (Vienna Convention) Act 1987 (NT).] It should also be noted that section 66A of the Trade Practices Act 1974 (Cth) provides that the CISG takes precedence over provisions of the Trade Practices Act, as well as providing that where the Act would apply were it not for a term in the contract, the term is overridden and the Act applies [S 67]." GabriŽl A. Moens, Lisa Cohn & Darren Peacock, "Australia", in: M.J. Bonell ed., A New Approach to International Contracts, International Academy of Comparative Law (Kluwer Law International 1999) 24-25.]


Pace Law School Institute of International Commercial Law - Last updated January 26, 2000
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