Commonwealth Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]


Application of State and Territory laws to charges required to be registered under this Part

(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).

Note: Section 273E provides that this section does not apply to certain joint charges.

(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 in the following table; or

specified by the regulations for the purposes of this section.

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.

AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback