Commonwealth Consolidated Acts

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BIOSECURITY ACT 2015 - SECT 599

Effect of charge on goods

             (1)  A charge created on goods under section 598 has priority over any other interest in the goods (including a security interest within the meaning of the Personal Property Securities Act 2009 ).

             (2)  Subsection 73(2) of the Personal Property Securities Act 2009 applies to the charge.

Note:          The effect of this subsection is that the priority between the Commonwealth's charge and a security interest in the goods to which the Personal Property Securities Act 2009 applies is to be determined in accordance with this Act rather than the Personal Property Securities Act 2009 .

             (3)  The charge remains in force until:

                     (a)  the cost-recovery charge referred to in subsection 598(2) is paid; or

                     (b)  the goods are sold under section 610.

             (4)  To avoid doubt, the charge on the goods is not affected:

                     (a)  by any change in ownership of the goods; or

                     (b)  if the goods are released from biosecurity control; or

                     (c)  if an exposed goods order or a biosecurity control order ceases to be in force in relation to the goods; or

                     (d)  if the goods cease to be in a biosecurity response zone; or

                     (e)  if biosecurity measures that have been required in relation to the goods are not taken.



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