(1) This section deals with how particular State or Territory laws apply to a charge if notice of the charge must be lodged under this Part (whether before or after the prescribed time). The laws are called specified laws and are identified in subsections (4) and (5).
(2) A failure to register the charge under a specified law does not affect the validity, or limit the effect, of the charge. (3) The priority of the charge is to be determined under this Chapter and not under a specified law. (4) The specified laws are the State or Territory laws that are:
Specified laws for the purposes of this section | ||
---|---|---|
Law | State or Territory | |
1 | Bills of Sale Act 1898 | New South Wales |
2 | Liens on Crops and Wool and Stock Mortgages Act 1898 | New South Wales |
3 | Instruments Act 1958 | Victoria |
4 | Bills of Sale and Other Instruments Act 1955 | Queensland |
5 | Liens on Crops of Sugar Cane Act 1931 | Queensland |
6 | Bills of Sale Act 1886 | South Australia |
7 | Liens on Fruit Act 1923 | South Australia |
8 | Stock Mortgages and Wool Liens Act 1924 | South Australia |
9 | Bills of Sale Act 1899 | Western Australia |
10 | Bills of Sale Act 1900 | Tasmania |
11 | Stock, Wool, and Crop Mortgages Act 1930 | Tasmania |
12 | Instruments Act 1933 | Australian Capital Territory |
13 | Instruments Act | Northern Territory |
(5) The regulations may provide that a law specified in the table in subsection (4) is not a specified law for the purposes of this section.