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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Personal Property Securities
(Commonwealth Laws) Bill 2011
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Adoption and referral
3. Terms used 3
4. Term used: referred PPS matters 5
5. Term used: security interest 7
6. Adoption of Commonwealth PPS Act 7
7. Termination of adoption 8
8. References of matters 8
9. Termination of references 10
10. Amendment of Commonwealth law 10
11. Effect of termination of amendment references
before termination of adoption of Commonwealth
PPS Act 11
Part 3 -- Consequential provisions
12. Terms used 13
13. Provision of information to the Commonwealth 14
14. Compensation not payable in respect of PPS
transitional matters 14
15. Implied power to make declaration that licence etc.
not personal property 15
16. References to charges and fixed and floating
charges 15
185--2 page i
Personal Property Securities (Commonwealth Laws) Bill 2011
Contents
17. Enforcement of and other dealings with PPS
security interests restricted in certain
circumstances 16
18. Bills of sale records 18
19. Regulations for transitional matters 19
20. Regulations 19
Defined Terms
page ii
Western Australia
LEGISLATIVE COUNCIL
(As amended in Committee)
Personal Property Securities (Commonwealth
Laws) Bill 2011
A Bill for
An Act to adopt the Personal Property Securities Act 2009
(Commonwealth) as amended by the Personal Property Securities
(Consequential Amendments) Act 2009 (Commonwealth), the
Personal Property Securities (Corporations and Other Amendments)
Act 2010 (Commonwealth) and the Personal Property Securities
(Corporations and Other Amendments) Act 2011, to refer certain
matters relating to security interests in personal property to the
Parliament of the Commonwealth, for the purposes of
section 51(xxxvii) of the Constitution of the Commonwealth, and to
enact consequential provisions.
The Parliament of Western Australia enacts as follows:
page 1
Personal Property Securities (Commonwealth Laws) Bill 2011
0BPart 1 Preliminary
s. 1
1 Part 1 -- Preliminary
2 1. Short title
3 This is the Personal Property Securities (Commonwealth Laws)
4 Act 2011.
5 2. Commencement
6 (1) This Act comes into operation as follows --
7 (a) Part 1 -- on the day on which this Act receives the
8 Royal Assent;
9 (b) the rest of the Act other than sections 8(2) and (3)
10 and 16 -- on the day after that day;
11 (c) section 16 -- on the registration commencement time as
12 defined in the Personal Property Securities Act 2009
13 (Commonwealth) section 306(2);
14 (d) section 8(2) and (3) -- on a day fixed by proclamation,
15 and different days may be fixed for different provisions.
16 (2) A proclamation cannot be made under subsection (1)(d) unless a
17 draft of the proclamation has first been approved by each House
18 of Parliament.
page 2
Personal Property Securities (Commonwealth Laws) Bill 2011
Adoption and referral 1BPart 2
s. 3
1 Part 2 -- Adoption and referral
2 3. Terms used
3 In this Part --
4 adoption means the adoption under section 6(1);
5 amendment reference means a reference under section 8(1), (2)
6 or (3);
7 Commonwealth PPS Act means the Personal Property
8 Securities Act 2009 (Commonwealth) as amended by the
9 Personal Property Securities (Consequential Amendments)
10 Act 2009 (Commonwealth), the Personal Property Securities
11 (Corporations and Other Amendments) Act 2010
12 (Commonwealth) and the Personal Property Securities
13 (Corporations and Other Amendments) Act 2011, and as in
14 force from time to time;
15 Commonwealth PPS instrument means any instrument
16 (whether or not of a legislative character) that is made or issued
17 under the Commonwealth PPS Act;
18 crops includes (but is not limited to) the kinds of things that are
19 included in the definition of crops for the purposes of the
20 relevant version of the Commonwealth PPS Act;
21 excluded State statutory right means a State statutory right that
22 is declared by the law of the State by or under which it is
23 granted not to be personal property for the purposes of the
24 Commonwealth PPS Act;
25 express amendment of the Commonwealth PPS Act means the
26 direct amendment of the text of that Act (whether by the
27 insertion, omission, repeal, substitution or relocation of words
28 or matter) by another Commonwealth Act, but does not include
29 the enactment by a Commonwealth Act of a provision that has
30 or will have substantive effect otherwise than as part of the text
31 of the Commonwealth PPS Act;
32 fixtures means goods, other than crops, that are affixed to land;
page 3
Personal Property Securities (Commonwealth Laws) Bill 2011
1BPart 2 Adoption and referral
s. 3
1 general law means the principles and rules of the common law
2 and equity to the extent to which they have effect in the State
3 from time to time;
4 goods means personal property that is tangible property, and
5 includes (but is not limited to) the kinds of things that are
6 included in the definition of goods for the purposes of the
7 relevant version of the Commonwealth PPS Act;
8 interest, in relation to property, includes a right in the property;
9 land includes all estates and interests in land, whether freehold,
10 leasehold or chattel, but does not include goods that are affixed
11 to land;
12 law of the State means any Act of the State or any instrument
13 made under such an Act, whenever enacted or made and as in
14 force from time to time;
15 licence means either of the following --
16 (a) a transferable right, entitlement or authority to do one or
17 more of the following --
18 (i) to manufacture, produce, sell, transport or
19 otherwise deal with personal property;
20 (ii) to provide services;
21 (iii) to explore for, exploit or use a resource;
22 (b) a transferable authority to exercise rights comprising
23 intellectual property,
24 but does not include an excluded State statutory right;
25 personal property means property (including a licence) other
26 than --
27 (a) land; or
28 (b) an excluded State statutory right;
29 referred PPS matters, in relation to personal property, has the
30 meaning given in section 4;
31 register means any system for recording interests or information
32 (whether in written or electronic form);
page 4
Personal Property Securities (Commonwealth Laws) Bill 2011
Adoption and referral 1BPart 2
s. 4
1 relevant version of the Commonwealth PPS Act means the
2 Personal Property Securities Act 2009 (Commonwealth) as
3 originally enacted, and as later amended by the Personal
4 Property Securities (Consequential Amendments) Act 2009
5 (Commonwealth), the Personal Property Securities
6 (Corporations and Other Amendments) Act 2010
7 (Commonwealth) and the Personal Property Securities
8 (Corporations and Other Amendments) Act 2011;
9 security interest in personal property has the meaning given in
10 section 5;
11 State statutory right means a right, entitlement or authority that
12 is granted by or under a law of the State;
13 transferable, in relation to a right, entitlement or authority,
14 means transferable under the general law or a law of the State
15 by the holder of the right, entitlement or authority (whether or
16 not the right, entitlement or authority is exclusive, and whether
17 or not a transfer is restricted or requires consent);
18 water right means a right, entitlement or authority, whether or
19 not exclusive, that is granted by or under the general law or a
20 law of the State in relation to the control, use or flow of water,
21 but does not include an excluded State statutory right.
22 4. Term used: referred PPS matters
23 (1) In this Act --
24 referred PPS matters, in relation to personal property, means --
25 (a) the matter of security interests in the personal property;
26 and
27 (b) without limiting the generality of paragraph (a), each of
28 the following matters --
29 (i) the recording of security interests, or information
30 with respect to security interests, in the personal
31 property in a register;
page 5
Personal Property Securities (Commonwealth Laws) Bill 2011
1BPart 2 Adoption and referral
s. 4
1 (ii) the recording in such a register of any other
2 information with respect to the personal property
3 (whether or not there are any security interests in
4 the personal property);
5 (iii) the enforcement of security interests in the
6 personal property (including priorities to be
7 given as between security interests, and as
8 between security interests and other interests, in
9 the personal property).
10 (2) However, referred PPS matters does not include the matter of
11 making provision with respect to personal property or interests
12 in personal property in a manner that excludes or limits the
13 operation of a law of the State to the extent that the law makes
14 provision with respect to --
15 (a) the creation, holding, transfer, assignment, disposal or
16 forfeiture of a State statutory right; or
17 (b) limitations, restrictions or prohibitions concerning the
18 kinds of interests that may be created or held in, or the
19 kinds of persons or bodies that may create or hold
20 interests in, a State statutory right; or
21 (c) without limiting the generality of paragraph (a) or (b),
22 any of the following matters --
23 (i) the forfeiture of property or interests in property
24 (or the disposal of forfeited property or interests)
25 in connection with the enforcement of the
26 general law or any law of the State;
27 (ii) the transfer, by operation of that law of the State,
28 of property or interests in property from any
29 specified person or body to any other specified
30 person or body (whether or not for valuable
31 consideration or a fee or other reward).
32 (3) In this section --
33 forfeiture means confiscation, seizure, extinguishment,
34 cancellation, suspension or any other forfeiture.
page 6
Personal Property Securities (Commonwealth Laws) Bill 2011
Adoption and referral 1BPart 2
s. 5
1 5. Term used: security interest
2 (1) In this Act --
3 security interest in personal property means an interest in
4 relation to personal property provided for by a transaction that,
5 in substance, secures payment or performance of an obligation
6 (without regard to the form of the transaction or the identity of
7 the person who has title to the property).
8 (2) A security interest in personal property also includes the
9 following interests in relation to personal property, whether or
10 not the transaction concerned, in substance, secures payment or
11 performance of an obligation --
12 (a) the interest of a transferee under a transfer of a monetary
13 obligation or chattel paper;
14 (b) the interest of a consignor who delivers goods to a
15 consignee under a consignment;
16 (c) the interest of a lessor or bailor under a lease or bailment
17 of goods.
18 (3) A security interest in personal property does not include a
19 licence.
20 (4) In this section --
21 chattel paper means one or more writings that evidence both a
22 monetary obligation and a security interest in, or a lease of,
23 specific personal property;
24 writing includes (but is not limited to) the kinds of things that
25 are included in the definition of writing for the purposes of the
26 relevant version of the Commonwealth PPS Act.
27 6. Adoption of Commonwealth PPS Act
28 (1) The relevant version of the Commonwealth PPS Act is adopted
29 within the meaning of section 51(xxxvii) of the Constitution of
30 the Commonwealth.
page 7
Personal Property Securities (Commonwealth Laws) Bill 2011
1BPart 2 Adoption and referral
s. 7
1 (2) The adoption has effect for a period --
2 (a) beginning when this section commences; and
3 (b) ending at the end of the day fixed under section 7 as the
4 day on which the adoption is to terminate,
5 but no longer.
6 7. Termination of adoption
7 (1) The Governor may, at any time, by proclamation published in
8 the Gazette, fix a day as the day on which the adoption is to
9 terminate.
10 (2) A day fixed under subsection (1) must be no earlier than the
11 first day after the end of the period of 12 months beginning with
12 the day on which the proclamation is published under that
13 subsection.
14 (3) The Governor may, by proclamation published in the Gazette,
15 revoke a proclamation published under subsection (1), in which
16 case the revoked proclamation is taken (for the purposes of
17 section 6) never to have been published.
18 (4) A revoking proclamation has effect only if published before the
19 day fixed under subsection (1).
20 (5) The revocation of a proclamation published under
21 subsection (1) does not prevent publication of a further
22 proclamation under that subsection.
23 (6) A proclamation cannot be made under subsection (1) unless a
24 draft of the proclamation has first been approved by each House
25 of Parliament.
26 8. References of matters
27 (1) The referred PPS matters in relation to personal property (other
28 than fixtures and water rights) are referred to the Parliament of
29 the Commonwealth on the day on which this subsection
30 commences, but only to the extent of the making of laws with
page 8
Personal Property Securities (Commonwealth Laws) Bill 2011
Adoption and referral 1BPart 2
s. 8
1 respect to those matters in relation to property of that kind by
2 making express amendments of the Commonwealth PPS Act.
3 (2) The referred PPS matters in relation to fixtures are referred to
4 the Parliament of the Commonwealth on the day on which this
5 subsection commences, but only to the extent of the making of
6 laws with respect to those matters in relation to fixtures by
7 making express amendments of the Commonwealth PPS Act.
8 (3) The referred PPS matters in relation to transferable water rights
9 are referred to the Parliament of the Commonwealth on the day
10 on which this subsection commences, but only to the extent of
11 the making of laws with respect to those matters in relation to
12 such water rights by making express amendments of the
13 Commonwealth PPS Act.
14 (4) Except as provided by subsection (1), the operation of each of
15 subsections (1), (2) and (3) is not affected by the other
16 subsections.
17 (5) The reference of any matter under subsection (1), (2) or (3) has
18 effect only --
19 (a) if and to the extent that the matter is not included in the
20 legislative powers of the Parliament of the
21 Commonwealth (otherwise than by a reference for the
22 purposes of section 51(xxxvii) of the Constitution of the
23 Commonwealth); and
24 (b) if and to the extent that the matter is included in the
25 legislative powers of the Parliament of the State.
26 (6) Despite any other provision of this section, a reference under
27 subsection (1), (2) or (3) has effect for a period --
28 (a) beginning when the subsection under which the
29 reference is made commences; and
30 (b) ending at the end of the day fixed under section 9 as the
31 day on which the reference is to terminate,
32 but no longer.
page 9
Personal Property Securities (Commonwealth Laws) Bill 2011
1BPart 2 Adoption and referral
s. 9
1 9. Termination of references
2 (1) The Governor may, at any time, by proclamation published in
3 the Gazette, fix a day as the day on which any or all of the
4 amendment references that have effect are to terminate.
5 (2) A day fixed under subsection (1) must be no earlier than the
6 first day after the end of the period of 12 months beginning with
7 the day on which the proclamation is published under that
8 subsection.
9 (3) The Governor may, by proclamation published in the Gazette,
10 revoke a proclamation published under subsection (1), in which
11 case the revoked proclamation is taken (for the purposes of
12 section 8) never to have been published.
13 (4) A revoking proclamation has effect only if published before the
14 day fixed under subsection (1).
15 (5) The revocation of a proclamation published under
16 subsection (1) does not prevent publication of a further
17 proclamation under that subsection.
18 (6) A proclamation cannot be made under subsection (1) unless a
19 draft of the proclamation has first been approved by each House
20 of Parliament.
21 10. Amendment of Commonwealth law
22 For the avoidance of doubt, it is the intention of the Parliament
23 of the State that --
24 (a) the Commonwealth PPS Act may be expressly amended,
25 or have its operation otherwise affected, at any time
26 after the commencement of section 6(1) by provisions of
27 Commonwealth Acts the operation of which is based on
28 legislative powers that the Parliament of the
29 Commonwealth has on account of a reference of any
30 matters, or the adoption of the relevant version of the
31 Commonwealth PPS Act, under section 51(xxxvii) of
32 the Constitution of the Commonwealth; and
page 10
Personal Property Securities (Commonwealth Laws) Bill 2011
Adoption and referral 1BPart 2
s. 11
1 (b) the Commonwealth PPS Act may be expressly amended,
2 or have its operation otherwise affected, at any time
3 after the commencement of section 6(1) by provisions of
4 Commonwealth Acts the operation of which is based on
5 legislative powers that the Parliament of the
6 Commonwealth has apart from a reference of any
7 matters, or the adoption of the relevant version of the
8 Commonwealth PPS Act, under section 51(xxxvii) of
9 the Constitution of the Commonwealth; and
10 (c) the Commonwealth PPS Act may have its operation
11 affected, otherwise than by express amendment, at any
12 time by provisions of Commonwealth PPS instruments.
13 11. Effect of termination of amendment references before
14 termination of adoption of Commonwealth PPS Act
15 (1) If an amendment reference is terminated but the adoption of the
16 relevant version of the Commonwealth PPS Act is not
17 terminated, the termination of the amendment reference does
18 not affect --
19 (a) laws that were made under the amendment reference
20 (but not repealed) before that termination (whether or
21 not they have come into operation before that
22 termination); or
23 (b) the continued operation in the State of the
24 Commonwealth PPS Act as in operation immediately
25 before that termination or as subsequently amended or
26 affected by --
27 (i) laws referred to in paragraph (a) that come into
28 operation after that termination; or
29 (ii) provisions referred to in section 10(b) or (c).
30 (2) Accordingly, an amendment reference continues to have effect
31 for the purposes of subsection (1) unless the adoption is
32 terminated.
page 11
Personal Property Securities (Commonwealth Laws) Bill 2011
1BPart 2 Adoption and referral
s. 11
1 (3) Subsection (1) does not apply to or in relation to an amendment
2 of the Commonwealth PPS Act that is excluded from the
3 operation of this section by the proclamation that terminates the
4 amendment reference.
5 (4) For the purposes of subsection (1) --
6 (a) the laws referred to in subsection (1)(a) include
7 Commonwealth PPS instruments; and
8 (b) the reference in subsection (1)(b) to the Commonwealth
9 PPS Act as in operation immediately before the
10 termination of the amendment reference includes that
11 legislation as affected by Commonwealth PPS
12 instruments that have come into operation before that
13 time.
page 12
Personal Property Securities (Commonwealth Laws) Bill 2011
Consequential provisions 2BPart 3
s. 12
1 Part 3 -- Consequential provisions
2 12. Terms used
3 (1) In this Part --
4 Commissioner has the meaning given in the Chattel Securities
5 Act 1987 section 3(1);
6 Commonwealth PPS Act has the meaning given in section 3;
7 compensation includes damages and any other form of
8 monetary compensation;
9 PPS Register means the register as defined in the Personal
10 Property Securities Act 2009 (Commonwealth) section 10;
11 PPS Registrar means the Registrar as defined in the Personal
12 Property Securities Act 2009 (Commonwealth) section 10;
13 PPS transitional matter means any of the following --
14 (a) the provision of information to the Commonwealth, the
15 PPS Registrar, any other officer of the Commonwealth
16 or any other person for the purpose of assisting the
17 Commonwealth in establishing the PPS Register;
18 (b) a refusal to exercise a registration function under the
19 Bills of Sale Act 1899 section 6A, the Chattel Securities
20 Act 1987 section 3D or the Co-operatives Act 2009
21 Schedule 3 clause 4C;
22 (c) the administration of this Part;
23 (d) the exercise of functions under this Part;
24 Register Book means the Register Book referred to in the Bills
25 of Sale Act 1899 section 11(1);
26 Registrar has the meaning given in the Bills of Sale Act 1899
27 section 5;
28 Registrar of Co-operatives means the Registrar as defined in the
29 Co-operatives Act 2009 section 4(1).
30 (2) If a term is given a meaning in the Personal Property Securities
31 Act 2009 (Commonwealth), it has the same meaning in this Part.
page 13
Personal Property Securities (Commonwealth Laws) Bill 2011
2BPart 3 Consequential provisions
s. 13
1 13. Provision of information to the Commonwealth
2 (1) The Registrar is specifically authorised to provide the
3 Commonwealth, the PPS Registrar or any other officer of the
4 Commonwealth with such information recorded in, or
5 concerning the use of, the Register Book as the Registrar
6 considers appropriate in order to assist the Commonwealth in
7 establishing the PPS Register.
8 (2) The Commissioner is specifically authorised to provide the
9 Commonwealth, the PPS Registrar or any other officer of the
10 Commonwealth with such information recorded in, or
11 concerning the use of, the register kept under the Chattel
12 Securities Act 1987 section 14 as the Commissioner considers
13 appropriate in order to assist the Commonwealth in establishing
14 the PPS Register.
15 (3) The Registrar of Co-operatives is specifically authorised to
16 provide the Commonwealth, the PPS Registrar or any other
17 officer of the Commonwealth with such information recorded
18 in, or concerning the use of, the register kept under the
19 Co-operatives Act 2009 Schedule 3 clause 18 as that Registrar
20 considers appropriate in order to assist the Commonwealth in
21 establishing the PPS Register.
22 (4) The Commissioner, Registrar and the Registrar of Co-operatives
23 may provide the information that they are authorised to provide
24 under this section in whatever form (including by means of
25 electronic data or in a form approved for the purposes of the
26 Personal Property Securities Act 2009 (Commonwealth)) as
27 they consider appropriate.
28 (5) The provisions of this section prevail to the extent of any
29 inconsistency with the provisions of any other Act.
30 14. Compensation not payable in respect of PPS transitional
31 matters
32 (1) Compensation is not payable by or on behalf of --
33 (a) the State or an authority of the State; or
page 14
Personal Property Securities (Commonwealth Laws) Bill 2011
Consequential provisions 2BPart 3
s. 15
1 (b) an officer, employee or agent of the State,
2 for an act or omission that is a PPS transitional matter or that
3 arises (directly or indirectly) from a PPS transitional matter.
4 (2) Subsection (1) --
5 (a) applies only in respect of acts done or omitted to be
6 done in good faith; and
7 (b) does not apply to acts or omissions that cause personal
8 injury to a person or the death of a person.
9 15. Implied power to make declaration that licence etc. not
10 personal property
11 A power conferred by an Act on any person or body to make
12 subsidiary legislation that grants or confers, or provides for the
13 granting or conferral of, a licence or other State statutory right
14 as defined in section 3 includes the power to declare that the
15 licence or right is not personal property for the purposes of the
16 Personal Property Securities Act 2009 (Commonwealth).
17 16. References to charges and fixed and floating charges
18 (1) This section applies in relation to a reference to a charge, a fixed
19 charge, or a floating charge, over property in a law of this State,
20 or in a security agreement, but only to the extent that --
21 (a) the charge referred to has attached to personal property;
22 and
23 (b) the title to the personal property to which the charge has
24 attached is in the grantor.
25 (2) This section does not apply in relation to --
26 (a) the Personal Property Securities Act 2009
27 (Commonwealth) section 12(2)(a) and (b) or 19(4); or
28 (b) a reference to a charge, a fixed charge or a floating
29 charge, if the charge referred to is a perfected security
30 interest that is provided for by a transfer of an account
31 or chattel paper.
page 15
Personal Property Securities (Commonwealth Laws) Bill 2011
2BPart 3 Consequential provisions
s. 17
1 (3) A reference to a charge over property is taken to be a reference
2 to a security interest that has attached to --
3 (a) a circulating asset; or
4 (b) personal property that is not a circulating asset.
5 (4) A reference to a fixed charge over property is taken to be a
6 reference to a security interest that has attached to personal
7 property that is not a circulating asset.
8 (5) A reference to a floating charge over property is taken to be a
9 reference to a security interest that has attached to a circulating
10 asset.
11 17. Enforcement of and other dealings with PPS security
12 interests restricted in certain circumstances
13 (1) In this section --
14 order includes a direction or notice;
15 PPS security interest means a security interest to which the
16 Commonwealth PPS Act applies (including a transitional
17 security interest);
18 relevant State property law means each of the following --
19 (a) the Criminal Property Confiscation Act 2000;
20 (b) the Land Administration Act 1997;
21 (c) the Local Government Act 1995;
22 (d) the Rail Safety Act 2010;
23 (e) the Residential Parks (Long-stay Tenants) Act 2006;
24 (f) the Residential Tenancies Act 1987;
25 (g) the Shipping and Pilotage Act 1967;
26 (h) the Warehousemen's Liens Act 1952;
27 (i) the Western Australian Marine Act 1982 section 62;
28 (j) an Act or subsidiary legislation (or a provision of an Act
29 or subsidiary legislation) that is prescribed by the
30 regulations to be a relevant State property law.
page 16
Personal Property Securities (Commonwealth Laws) Bill 2011
Consequential provisions 2BPart 3
s. 17
1 (2) On and from the registration commencement time (but subject
2 to this section and the regulations), a person may not take action
3 to enforce a PPS security interest in personal property or
4 otherwise deal with the interest or property --
5 (a) if the action or dealing is (or would be) inconsistent with
6 a relevant State property law (or an order made under
7 such a law) that --
8 (i) requires, authorises or permits the property to be
9 dealt with in a particular manner (including by
10 disposing of the property whether by sale,
11 destruction or any other means); or
12 (ii) prohibits or prevents the property being dealt
13 with in a particular manner or places other
14 limitations or restrictions on how the property
15 may be dealt with;
16 or
17 (b) if the action or dealing would operate to prevent, impede
18 or defeat the making of an application to a court,
19 tribunal or any other person or body under a relevant
20 State property law with respect to how the property is to
21 be dealt with; or
22 (c) in such other circumstances as may be prescribed by the
23 regulations.
24 (3) This section does not --
25 (a) affect the meaning or operation of a relevant State
26 property law in its application to interests other than
27 PPS security interests; or
28 (b) affect the meaning or operation of a relevant State
29 property law to the extent that the law would (even if
30 subsection (2) had not been enacted) be capable of
31 operating according to its tenor because it is --
32 (i) a law of the State capable of operating
33 concurrently with the Commonwealth PPS Act;
34 or
page 17
Personal Property Securities (Commonwealth Laws) Bill 2011
2BPart 3 Consequential provisions
s. 18
1 (ii) a law of the State that makes provision for a
2 matter mentioned in the Commonwealth PPS Act
3 section 245(2)(a), (b) or (c); or
4 (iii) a law of the State the effect of which is covered
5 by the Commonwealth PPS Act section 258(2);
6 or
7 (c) prevent the enforcement of, or other dealings with, a
8 PPS security interest --
9 (i) by the State or an instrumentality or other agency
10 of the State; or
11 (ii) by any other person (or person belonging to a
12 class of persons) prescribed by the regulations.
13 18. Bills of sale records
14 (1) On and from the day on which the Bills of Sale Act 1899 is
15 repealed, the Register Book kept, bills of sale lodged and
16 affidavits filed under that Act are taken to be a record (the
17 record) kept by the Commissioner as defined in the Consumer
18 Affairs Act 1971 section 4(1).
19 (2) A person is entitled to the following --
20 (a) a copy or extract of a bill of sale lodged or an affidavit
21 filed under the Bills of Sale Act 1899;
22 (b) a copy or extract of a bill of sale or an affidavit certified
23 by the Commissioner to be a true copy,
24 on payment of the prescribed fee, if any.
25 (3) The Governor may make regulations prescribing fees for the
26 purposes of this section.
27 (4) This section expires on the last day of the period of 7 years after
28 registration commencement time as defined in the Personal
29 Property Securities Act 2009 (Commonwealth) section 306(2).
page 18
Personal Property Securities (Commonwealth Laws) Bill 2011
Consequential provisions 2BPart 3
s. 19
1 19. Regulations for transitional matters
2 (1) In this section --
3 commencement day means the day on which this Act receives
4 the Royal Assent;
5 Gazettal day means the day on which transitional regulations
6 are published in the Gazette;
7 transitional matter means any matter of a transitional or savings
8 nature arising from the enactment of the adoption of the relevant
9 version of the Commonwealth PPS Act;
10 transitional regulations means regulations under subsection (2).
11 (2) The Governor may make regulations prescribing all matters that
12 are required, necessary or convenient to be prescribed in
13 relation to a transitional matter.
14 (3) Transitional regulations can only be made before the end of the
15 period of 12 months beginning on commencement day.
16 (4) If transitional regulations provide that a state of affairs is to be
17 taken to have existed, or not to have existed, on and from a day
18 (the operative day) that is earlier than Gazettal day, the
19 regulations have effect according to their terms as long as the
20 operative day is not earlier than commencement day.
21 (5) If transitional regulations contain a provision referred to in
22 subsection (4), the provision does not operate so as to --
23 (a) affect in a manner prejudicial to any person (other than
24 the State), the rights of that person existing before
25 Gazettal day; or
26 (b) impose liabilities on any person (other than the State or
27 an authority of the State) in respect of anything done or
28 omitted to be done before Gazettal day.
29 20. Regulations
30 The Governor may make regulations prescribing all matters that
31 are required or permitted by this Act to be prescribed, or are
page 19
Personal Property Securities (Commonwealth Laws) Bill 2011
2BPart 3 Consequential provisions
s. 20
1 necessary or convenient to be prescribed for giving effect to the
2 purposes of this Act.
page 20
Personal Property Securities (Commonwealth Laws) Bill 2011
Defined Terms
Defined Terms
[This is a list of terms defined and the provisions where they are defined.
The list is not part of the law.]
Defined Term Provision(s)
adoption ................................................................................................................3
amendment reference ............................................................................................3
chattel paper..................................................................................................... 5(4)
commencement day ....................................................................................... 19(1)
Commissioner ................................................................................................ 12(1)
Commonwealth PPS Act.......................................................................................3
Commonwealth PPS instrument ...........................................................................3
compensation ................................................................................................. 12(1)
crops......................................................................................................................3
excluded State statutory right................................................................................3
express amendment...............................................................................................3
fixtures ..................................................................................................................3
forfeiture .......................................................................................................... 4(3)
Gazettal day ................................................................................................... 19(1)
general law............................................................................................................3
goods.....................................................................................................................3
interest...................................................................................................................3
land .......................................................................................................................3
law of the State .....................................................................................................3
licence ...................................................................................................................3
modification ................................................................................................... 17(1)
operative day.................................................................................................. 19(4)
order............................................................................................................... 17(1)
personal property ..................................................................................................3
PPS Register .................................................................................................. 12(1)
PPS Registrar ................................................................................................. 12(1)
PPS security interest ...................................................................................... 17(1)
PPS transitional matter................................................................................... 12(1)
record ............................................................................................................. 18(1)
referred PPS matters .................................................................................... 3, 4(1)
register ..................................................................................................................3
Register Book ................................................................................................ 12(1)
Registrar......................................................................................................... 12(1)
Registrar of Co-operatives ............................................................................. 12(1)
relevant State property law ............................................................................ 17(1)
relevant version of the Commonwealth PPS Act ..................................................3
security interest ............................................................................................ 3, 5(1)
State statutory right...............................................................................................3
transferable ...........................................................................................................3
page 21
Personal Property Securities (Commonwealth Laws) Bill 2011
Defined Terms
transitional matter .......................................................................................... 19(1)
transitional regulations................................................................................... 19(1)
water right.............................................................................................................3
writing.............................................................................................................. 5(4)
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