Queensland Consolidated Acts

SALE OF GOODS ACT 1896 - SECT 47

47 How stoppage in transitu is effected

(1) The unpaid seller may exercise the right of stoppage
"in transitu" either by taking actual possession of the goods, or by giving notice of the unpaid seller’s claim to the carrier or other bailee in whose possession the goods are.

(1A) Such notice may be given either to the person in actual possession of the goods or to the person’s principal.

(1B) In the latter case the notice, to be effectual, must be given at such time and under such circumstances that the principal, by the exercise of reasonable diligence, may communicate it to the principal’s servant or agent in time to prevent a delivery to the buyer.

(2) When notice of stoppage
"in transitu" is given by the seller to the carrier, or other bailee in possession of the goods, the carrier or other bailee must re-deliver the goods to, or according to the directions of, the seller.

(3) The expenses of such re-delivery must be borne by the seller.