New South Wales Consolidated Acts

MORATORIUM ACT 1932

- As at 17 May 2022 
- Act 57 of 1932 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Interpretation
   3.      Repeal of Act No 48, 1930; Act No 43, 1931; and ss 2 [#38] 4 of Act No 66, 1931
   4.      Crown
   5.      Non-application of Act to certain mortgages
   5A.     Saving concerning application of Act

   PART 2 - MORATORIUM

           Division 1 - Mortgages

   6.      Mortgages to the Crown etc
   7.      Fluctuating advances
   8.      Non-application of Act to certain transactions
   9.      Limitation of rights of mortgagee
   10.     Remedy of mortgagee etc
   11.     Instalments
   12.     Mortgages payable on demand
   13.     Mortgagees in possession
   13A.    Further provisions as to mortgagee in possession
   13B.    Mortgagor's right to accounts
   14.     Consent by mortgagor to exercise of rights, powers, and remedies by mortgagee
   14A.    Further provisions as to consent
   15.     Penal rate of interest suspended
   16.     Extension of Act to agreements for sale and purchase of land, and to leases containing a purchasing clause
   17.     Agreements for sale and purchase of land
   18.     Prescribed date for repayment
   19.     Power to extend date for payment in cases of hardship
   20.     Mortgagee not entitled to notice where mortgagor pays within time allowed
   21.     Leases of land containing an option to purchase
   22.     Power to postpone sales of land for rates by the NSW Trustee and Guardian
   23.     Power to defer making of order to realise charge of rates
   23A.    Council not to bring suit for charging order in certain events

           Division 2 - Hire-purchase agreements

   24.     Definitions
   25.     Application of Division
   26.     Restriction on rights of vendors
   27.     Readjustment by court

           Division 3 - Judgment debts

   28.     Relief of judgment debtors

           Division 4 - Jurisdiction and procedure

   29.     Court
   30.     Jurisdiction of court--how exercised
   31.     Enforcement of orders
   32.     Registration of orders

   PART 3 - LIABILITY OF MORTGAGORS OF LAND

   33.     Definitions
   34.     Restriction on rights of mortgagee
   34A.    Mortgage of land excluding personal covenant to be trustee investment
   34B.    Covenants or agreements as to payment by mortgagor of Commonwealth Land Tax
   35.     Construction of Moratorium Act 1930-1931
   36.     Trustees protection

   PART 4 - MISCELLANEOUS

   37.     Authentication of consents etc
   38.     Protection of trustees in respect of consents
   39.     Power of trustees, attorneys [#38] c to exclude Act and to confirm or execute covenants
   40.     Rights of mortgagee in respect of set-off and cross-action
   40A.    Further restrictions on rights of mortgagee
   41.     Rights and remedies of person entitled to benefit of guarantee
   42.     Policies of insurance
   43.     Offences
   44.     Order for possession
   45.     Dealings by mortgagees
   46.     Notices
   46A.    Consents and notices
   46B.    Notice to NSW Trustee and Guardian in certain events
   46C.    Statutes of limitations not to run
   47.     Regulations
   48.     Savings
   49.     Duration of Part 2
           SCHEDULE - Forms of certificates under Section 34 of this Act