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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Personal Property Securities (Consequential
Repeals and Amendments) Bill 2011
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Agriculture and Food
Division 1 -- Bulk Handling Act 1967 amended
3. Act amended 3
4. Section 34D amended 3
5. Section 35 amended 3
6. Section 51 amended 3
Division 2 -- Marketing of Potatoes Act 1946
amended
7. Act amended 4
8. Section 31 amended 4
Part 3 -- Attorney General
Division 1 -- Criminal Property Confiscation
Act 2000 amended
9. Act amended 5
10. Section 10 amended 5
11. Section 31 amended 5
12. Section 36 amended 5
13. Section 39 amended 5
14. Section 46 amended 6
15. Section 125 amended 6
16. Section 127 amended 6
186--2 page i
Personal Property Securities (Consequential Repeals and Amendments)
Bill 2011
Contents
Division 2 -- Fines, Penalties and Infringement
Notices Enforcement Act 1994 amended
17. Act amended 7
18. Section 96 amended 7
19. Section 99 amended 8
Division 3 -- Property Law Act 1969 amended
20. Act amended 8
21. Section 6 replaced 8
6. Application of this Act to certain Acts 8
Division 4 -- Public Trustee Act 1941 amended
22. Act amended 8
23. Section 63 amended 8
Division 5 -- Trustees Act 1962 amended
24. Act amended 9
25. Section 72 amended 9
Division 6 -- Warehousemen's Liens Act 1952
amended
26. Act amended 9
27. Section 4 amended 9
28. Section 6 amended 10
29. Section 7 amended 11
Part 4 -- Commerce
Division 1 -- Bills of Sale Act 1899 amended
and repealed
30. Act amended 12
31. Part IIA inserted 12
Part IIA -- Cessation of registration
6A. Early cessation of registration function 12
32. Bills of Sale Act 1899 and regulations repealed 13
Division 2 -- Chattel Securities Act 1987
amended
33. Act amended 13
34. Part IIA inserted 13
Part IIA -- Act ceases to have effect except as
otherwise provided
3B. Terms used 13
3C. Effect of Act at and after registration
commencement time 14
page ii
Personal Property Securities (Consequential Repeals and Amendments)
Bill 2011
Contents
3D. Refusal to exercise registration functions 14
3E. Show cause proceedings under s. 22 15
3F. Details of entry 15
3G. Act to expire 15
Division 3 -- Companies (Co-operative) Act 1943
amended
35. Act amended 16
36. Section 3 amended 16
Division 4 -- Co-operatives Act 2009 amended
37. Act amended 16
38. Section 44 amended 16
39. Section 230 amended 16
40. Section 267 amended 16
41. Section 337 amended 17
42. Section 454 amended 17
43. Section 457 amended 18
44. Schedule 3 Division 2A inserted 18
Division 2A -- Schedule ceases to have effect
except as otherwise provided
4A. Terms used 18
4B. Effect of Schedule at and after registration
commencement time 19
4C. Refusal to exercise registration functions 19
4D. Priority between registrable charges 19
Division 5 -- Growers Charge Act 1940 amended
45. Act amended 20
46. Long title amended 20
47. Section 2 amended 20
48. Section 3 amended 20
49. Section 6 amended 21
50. Section 7 amended 21
Division 6 -- Hire-Purchase Act 1959 amended
51. Act amended 22
52. Section 3 amended 22
53. Section 9 amended 22
54. Section 36A amended 22
55. First Schedule Part 1 amended 22
Division 7 -- Motor Vehicle Dealers Act 1973
amended
56. Act amended 23
57. Section 32A amended 23
page iii
Personal Property Securities (Consequential Repeals and Amendments)
Bill 2011
Contents
Division 8 -- Settlement Agents Act 1981
amended
58. Act amended 23
59. Schedule 2 amended 23
Part 5 -- Energy
Division 1 -- Electricity Industry Act 2004
amended
60. Act amended 24
61. Section 131A inserted 24
131A. Licence not personal property for the
purposes of the Personal Property
Securities Act 2009 (Commonwealth) 24
Division 2 -- Energy Coordination Act 1994
amended
62. Act amended 24
63. Section 26A inserted 24
26A. Licence not personal property for the
purposes of the Personal Property
Securities Act 2009 (Commonwealth) 24
Part 6 -- Environment
Division 1 -- Conservation and Land
Management Act 1984 amended
64. Act amended 26
65. Section 88 amended 26
66. Section 97A amended 26
67. Section 99A amended 27
68. Section 101 amended 27
Division 2 -- Swan and Canning Rivers
Management Act 2006 amended
69. Act amended 27
70. Section 32 amended 28
Division 3 -- Wildlife Conservation Act 1950
amended
71. Act amended 28
72. Section 15 amended 28
page iv
Personal Property Securities (Consequential Repeals and Amendments)
Bill 2011
Contents
Part 7 -- Fisheries
Division 1 -- Fish Resources Management
Act 1994 amended
73. Act amended 29
74. Section 66 amended 29
75. Section 83 amended 29
76. Section 92 amended 29
Division 2 -- Pearling Act 1990 amended
77. Act amended 30
78. Section 23 amended 30
Part 8 -- Lands
Division 1 -- Land Administration Act 1997
amended
79. Act amended 31
80. Section 48 amended 31
81. Section 91 amended 31
Part 9 -- Mines and Petroleum
Division 1 -- Mining Act 1978 amended
82. Act amended 32
83. Section 162A inserted 32
162A. Certain things are not personal property
for the purposes of the Personal Property
Securities Act 2009 (Commonwealth) 32
Division 2 -- Offshore Minerals Act 2003
amended
84. Act amended 33
85. Section 443A inserted 33
443A. Certain things are not personal property
for the purposes of the Personal Property
Securities Act 2009 (Commonwealth) 33
Division 3 -- Petroleum and Geothermal Energy
Resources Act 1967 amended
86. Act amended 33
87. Section 152 inserted 34
152. Certain things are not personal property
for the purposes of the Personal Property
Securities Act 2009 (Commonwealth) 34
page v
Personal Property Securities (Consequential Repeals and Amendments)
Bill 2011
Contents
Division 4 -- Petroleum Pipelines Act 1969
amended
88. Act amended 34
89. Section 66E inserted 34
66E. Licences under section 10 are not
personal property for the purposes of the
Personal Property Securities Act 2009
(Commonwealth) 34
Division 5 -- Petroleum (Submerged Lands)
Act 1982 amended
90. Act amended 35
91. Section 152I inserted 35
152I. Certain things are not personal property
for the purposes of the Personal Property
Securities Act 2009 (Commonwealth) 35
Part 10 -- Premier
Division 1 -- Gold Corporation Act 1987
amended
92. Act amended 36
93. Section 67 amended 36
Part 11 -- Racing and Gaming
Division 1 -- Liquor Control Act 1988 amended
94. Act amended 37
95. Section 30A amended 37
Division 2 -- The Western Australian Turf Club
Act 1892 amended
96. Act amended 37
97. Section 30 amended 37
Part 12 -- Transport
Division 1 -- Jetties Act 1926 amended
98. Act amended 38
99. Section 8A amended 38
Division 2 -- Perth Parking Management
Act 1999 amended
100. Act amended 39
101. Section 9 amended 39
page vi
Personal Property Securities (Consequential Repeals and Amendments)
Bill 2011
Contents
Division 3 -- Road Traffic Act 1974 amended
102. Act amended 39
103. Section 15A inserted 39
15A. Disclosure of information for the purposes
of the Personal Property Securities
Act 2009 (Commonwealth) 39
Division 4 -- Shipping and Pilotage Act 1967
amended
104. Act amended 40
105. Section 5 amended 40
Division 5 -- Taxi Act 1994 amended
106. Act amended 40
107. Section 16 amended 40
Division 6 -- Transport Co-ordination Act 1966
amended
108. Act amended 41
109. Section 20 amended 41
110. Section 47ZD amended 41
Division 7 -- Western Australian Marine
Act 1982 amended
111. Act amended 41
112. Section 71 amended 42
Division 8 -- Western Australian Marine (Sea
Dumping) Act 1981 amended
113. Act amended 43
114. Section 12 amended 43
Part 13 -- Water
Division 1 -- Country Areas Water Supply
Act 1947 amended
115. Act amended 44
116. Section 81 amended 44
Division 2 -- Country Towns Sewerage Act 1948
amended
117. Act amended 44
118. Section 79 amended 44
page vii
Personal Property Securities (Consequential Repeals and Amendments)
Bill 2011
Contents
Division 3 -- Metropolitan Water Supply,
Sewerage, and Drainage Act 1909
amended
119. Act amended 45
120. Section 109 amended 45
Division 4 -- Water Services Licensing Act 1995
amended
121. Act amended 45
122. Section 60C inserted 46
60C. Operating licence (water supply services)
is not personal property for the purposes
of the Personal Property Securities
Act 2009 (Commonwealth) 46
page viii
Western Australia
LEGISLATIVE COUNCIL
(As amended in Committee)
Personal Property Securities (Consequential
Repeals and Amendments) Bill 2011
A Bill for
An Act to repeal or amend various Acts as a result of the reform of
the law relating to personal property securities by the Personal
Property Securities Act 2009 (Commonwealth), and for related
purposes.
The Parliament of Western Australia enacts as follows:
page 1
Personal Property Securities (Consequential Repeals and
Amendments) Bill 2011
0BPart 1 Preliminary
s. 1
1 Part 1 -- Preliminary
2 1. Short title
3 This is the Personal Property Securities (Consequential Repeals
4 and Amendments) Act 2011.
5 2. Commencement
6 This Act comes into operation as follows --
7 (a) sections 1 and 2 -- on the day on which this Act
8 receives the Royal Assent;
9 (b) sections 30, 31, 33, 34 and 44 -- on the day after the
10 day on which this Act receives the Royal Assent;
11 (c) the rest of the Act -- immediately before the registration
12 commencement time as defined in the Personal
13 Property Securities Act 2009 (Commonwealth)
14 section 306(2).
page 2
Personal Property Securities (Consequential Repeals and Amendments)
Bill 2011
Agriculture and Food 1BPart 2
Bulk Handling Act 1967 amended 13BDivision 1
s. 3
1 Part 2 -- Agriculture and Food
2 Division 1 -- Bulk Handling Act 1967 amended
3 3. Act amended
4 This Division amends the Bulk Handling Act 1967.
5 4. Section 34D amended
6 After section 34D(3) insert:
7
8 (4) In accordance with the Personal Property Securities
9 Act 2009 (Commonwealth) section 73(2)(a), it is
10 declared that section 73(2) of that Act applies to a
11 charge created under subsection (2)(b).
12
13 5. Section 35 amended
14 After section 35(1) insert:
15
16 (2A) In accordance with the Personal Property Securities
17 Act 2009 (Commonwealth) section 73(2)(a), it is
18 declared that section 73(2) of that Act applies to a lien
19 created under subsection (1).
20
21 6. Section 51 amended
22 After section 51(2) insert:
23
24 (3) In accordance with the Personal Property Securities
25 Act 2009 (Commonwealth) section 73(2)(a), it is
26 declared that section 73(2) of that Act applies to a
27 charge created under subsection (1)(a) or (aa).
28
page 3
Personal Property Securities (Consequential Repeals and
Amendments) Bill 2011
1BPart 2 Agriculture and Food
14BDivision 2 Marketing of Potatoes Act 1946 amended
s. 7
1 Division 2 -- Marketing of Potatoes Act 1946 amended
2 7. Act amended
3 This Division amends the Marketing of Potatoes Act 1946.
4 8. Section 31 amended
5 In section 31 delete "The Corporation" and insert:
6
7 Subject to the Personal Property Securities Act 2009
8 (Commonwealth), the Corporation
9
page 4
Personal Property Securities (Consequential Repeals and Amendments)
Bill 2011
Attorney General 2BPart 3
Criminal Property Confiscation Act 2000 amended 15BDivision 1
s. 9
1 Part 3 -- Attorney General
2 Division 1 -- Criminal Property Confiscation Act 2000 amended
3 9. Act amended
4 This Division amends the Criminal Property Confiscation
5 Act 2000.
6 10. Section 10 amended
7 In section 10(2) after "registerable under" insert:
8
9 the Personal Property Securities Act 2009 (Commonwealth) or
10
11 11. Section 31 amended
12 In section 31(2) after "registrable under" insert:
13
14 the Personal Property Securities Act 2009 (Commonwealth) or
15
16 12. Section 36 amended
17 In section 36(3) after "registrable under" insert:
18
19 the Personal Property Securities Act 2009 (Commonwealth) or
20
21 13. Section 39 amended
22 In section 39(5) after "registrable under" insert:
23
24 the Personal Property Securities Act 2009 (Commonwealth) or
25
page 5
Personal Property Securities (Consequential Repeals and
Amendments) Bill 2011
2BPart 3 Attorney General
15BDivision 1 Criminal Property Confiscation Act 2000 amended
s. 14
1 14. Section 46 amended
2 In section 46(3) after "registrable under" insert:
3
4 the Personal Property Securities Act 2009 (Commonwealth) or
5
6 15. Section 125 amended
7 (1) In section 125 delete "A charge" and insert:
8
9 (1) A charge
10
11 (2) At the end of section 125 insert:
12
13 (2) In accordance with the Personal Property Securities
14 Act 2009 (Commonwealth) section 73(2)(a), it is
15 declared that section 73(2) of that Act applies to a
16 charge created on property under section 123(1).
17
18 16. Section 127 amended
19 (1) In section 127(1):
20 (a) after "land under" insert:
21
22 the Personal Property Securities Act 2009
23 (Commonwealth) or
24
25 (b) after "accordance with" insert:
26
27 that Act or
28
page 6
Personal Property Securities (Consequential Repeals and Amendments)
Bill 2011
Attorney General 2BPart 3
Fines, Penalties and Infringement Notices Enforcement Act 16BDivision 2
1994 amended
s. 17
1 (2) In section 127(3):
2 (a) after "memorial in accordance with" insert:
3
4 the Personal Property Securities Act 2009
5 (Commonwealth) or
6
7 (b) after "accordance with" insert:
8
9 that Act or
10
11 Division 2 -- Fines, Penalties and Infringement Notices
12 Enforcement Act 1994 amended
13 17. Act amended
14 This Division amends the Fines, Penalties and Infringement
15 Notices Enforcement Act 1994.
16 18. Section 96 amended
17 In section 96(3)(c) delete "Bills of Sale Act 1899, the Chattel
18 Securities Act 1987, the Transfer of Land Act 1893, the
19 Registration of Deeds Act 1856, or the Corporations Act 2001
20 of the Commonwealth," and insert:
21
22 Personal Properties Securities Act 2009
23 (Commonwealth), the Transfer of Land
24 Act 1893, the Registration of Deeds Act 1856 or
25 the Corporations Act 2001 (Commonwealth),
26
page 7
Personal Property Securities (Consequential Repeals and
Amendments) Bill 2011
2BPart 3 Attorney General
17BDivision 3 Property Law Act 1969 amended
s. 19
1 19. Section 99 amended
2 In section 99 delete "the Bills of Sale Act 1899, the Chattel
3 Securities Act 1987, the Transfer of Land Act 1893,"and insert:
4
5 the Transfer of Land Act 1893
6
7 Division 3 -- Property Law Act 1969 amended
8 20. Act amended
9 This Division amends the Property Law Act 1969.
10 21. Section 6 replaced
11 Delete section 6 and insert:
12
13 6. Application of this Act to certain Acts
14 Except as in this Act expressly provided, this Act so far
15 as inconsistent with the Transfer of Land Act 1893, or
16 the Strata Titles Act 1985, does not apply to land that is
17 under the provisions of either of those Acts.
18
19 Division 4 -- Public Trustee Act 1941 amended
20 22. Act amended
21 This Division amends the Public Trustee Act 1941.
22 23. Section 63 amended
23 (1) In section 63:
24 (a) delete "Where" and insert:
25
26 (1) Where
27
page 8
Personal Property Securities (Consequential Repeals and Amendments)
Bill 2011
Attorney General 2BPart 3
Trustees Act 1962 amended 19BDivision 5
s. 24
1 (b) delete "thereon." and insert:
2
3 thereon in priority to all other claims upon the policy
4 moneys.
5
6 (2) At the end of section 63 insert:
7
8 (2) In accordance with the Personal Property Securities
9 Act 2009 (Commonwealth) section 73(2)(a), it is
10 declared that section 73(2) of that Act applies to a lien
11 created under subsection (1).
12
13 Division 5 -- Trustees Act 1962 amended
14 24. Act amended
15 This Division amends the Trustees Act 1962.
16 25. Section 72 amended
17 Delete section 72(3).
18 Division 6 -- Warehousemen's Liens Act 1952 amended
19 26. Act amended
20 This Division amends the Warehousemen's Liens Act 1952.
21 27. Section 4 amended
22 (1) In section 4 delete "Subject to" and insert:
23
24 (1) Subject to
25
page 9
Personal Property Securities (Consequential Repeals and
Amendments) Bill 2011
2BPart 3 Attorney General
20BDivision 6 Warehousemen's Liens Act 1952 amended
s. 28
1 (2) In section 4(1) delete "for storage." and insert:
2
3 for storage in priority to all other claims on the goods.
4
5 (3) At the end of section 4 insert:
6
7 (2) In accordance with the Personal Property Securities
8 Act 2009 (Commonwealth) section 73(2)(a), it is
9 declared that section 73(2) of that Act applies to a lien
10 arising under subsection (1).
11
12 28. Section 6 amended
13 Delete section 6(1) and insert:
14
15 (1) The warehouseman must, within 3 months after the
16 date of the deposit of goods with the warehouseman,
17 give notice of the lien on the goods to a person if --
18 (a) the goods are of, or greater than, the value
19 prescribed under the Criminal and Found
20 Property Disposal Act 2006 section 33(1)(a);
21 and
22 (b) one of the following applies --
23 (i) the person has an interest in the goods in
24 relation to which a registration was
25 made under the Personal Property
26 Securities Act 2009 (Commonwealth)
27 before the deposit of the goods and the
28 registration is in effect;
29 (ii) the person has an interest in the goods
30 that the warehouseman is aware of at
31 any time before the expiration of
32 2 months after the deposit of the goods.
33
page 10
Personal Property Securities (Consequential Repeals and Amendments)
Bill 2011
Attorney General 2BPart 3
Warehousemen's Liens Act 1952 amended 20BDivision 6
s. 29
1 29. Section 7 amended
2 Delete section 7(2)(c).
page 11
Personal Property Securities (Consequential Repeals and
Amendments) Bill 2011
3BPart 4 Commerce
21BDivision 1 Bills of Sale Act 1899 amended and repealed
s. 30
1 Part 4 -- Commerce
2 Division 1 -- Bills of Sale Act 1899 amended and repealed
3 30. Act amended
4 This Division amends the Bills of Sale Act 1899.
5 31. Part IIA inserted
6 After section 5 insert:
7
8 Part IIA -- Cessation of registration
9 6A. Early cessation of registration function
10 (1) In this section --
11 migration time has the meaning given in the Personal
12 Property Securities Act 2009 (Commonwealth)
13 section 306(1);
14 pre-PPS transition period means the period --
15 (a) commencing at the migration time or such
16 earlier time as may be prescribed by the
17 regulations; and
18 (b) ending at the registration commencement time;
19 registration commencement time has the meaning
20 given in the Personal Property Securities Act 2009
21 (Commonwealth) section 306(2);
22 registration function means any function conferred or
23 imposed on the Registrar under the Bills of Sale
24 Act 1899 relating to the registration of a Bill of Sale.
25 (2) The Registrar may refuse to exercise a registration
26 function during the pre-PPS transitional period.
27 (3) Without limiting subsection (2), the Registrar may
28 refuse to exercise a registration function during the
page 12
Personal Property Securities (Consequential Repeals and Amendments)
Bill 2011
Commerce 3BPart 4
Chattel Securities Act 1987 amended 22BDivision 2
s. 32
1 pre-PPS transitional period in relation to a matter that
2 was not finally determined or concluded immediately
3 before the commencement of that period.
4
5 32. Bills of Sale Act 1899 and regulations repealed
6 (1) The Bills of Sale Act 1899 is repealed.
7 (2) These regulations are repealed:
8 (a) the Bills of Sale (Fees) Regulations 1983;
9 (b) the Bills of Sale Regulations 2001.
10 Division 2 -- Chattel Securities Act 1987 amended
11 33. Act amended
12 This Division amends the Chattel Securities Act 1987.
13 34. Part IIA inserted
14 After section 3A insert:
15
16 Part IIA -- Act ceases to have effect except as
17 otherwise provided
18 3B. Terms used
19 In this Part --
20 migration time has the meaning given in the Personal
21 Property Securities Act 2009 (Commonwealth)
22 section 306(1);
23 pre-PPS transition period means the period --
24 (a) commencing at the migration time or such
25 earlier time as may be prescribed by the
26 regulations; and
27 (b) ending at the registration commencement time;
page 13
Personal Property Securities (Consequential Repeals and
Amendments) Bill 2011
3BPart 4 Commerce
22BDivision 2 Chattel Securities Act 1987 amended
s. 34
1 Registrar has the meaning given in the Personal
2 Property Securities Act 2009 (Commonwealth)
3 section 10;
4 registration commencement time has the meaning
5 given in the Personal Property Securities Act 2009
6 (Commonwealth) section 306(2);
7 registration function means any function conferred or
8 imposed on the Commissioner under Part III.
9 3C. Effect of Act at and after registration
10 commencement time
11 (1) Subject to section 3D, this Act, other than the
12 following provisions, has no effect at and after the
13 registration commencement time --
14 (a) sections 3A, 22, 23, 24, 25, 26, 29, 30A, 30B,
15 30C, 30D and 31;
16 (b) any other provision of this Act (a related
17 provision) that is referred to in provision listed
18 in paragraph (a) (a primary provision) to the
19 extent necessary for the purposes of the
20 continued operation of the primary provision;
21 (c) any power to make regulations in respect of a
22 matter that is conferred by the primary
23 provision or a related provision.
24 (2) Section 23 has no effect on and after the day after the
25 end of the period of 7 years beginning at the
26 registration commencement time.
27 3D. Refusal to exercise registration functions
28 (1) Subject to section 3E, the Commissioner may refuse to
29 exercise a registration function during the pre-PPS
30 transitional period.
31 (2) Without limiting subsection (1), the Commissioner
32 may refuse to exercise a registration function during
page 14
Personal Property Securities (Consequential Repeals and Amendments)
Bill 2011
Commerce 3BPart 4
Chattel Securities Act 1987 amended 22BDivision 2
s. 34
1 the pre-PPS transitional period in relation to a matter
2 that was not finally determined or concluded
3 immediately before the commencement of that period.
4 (3) After the end of the pre-PPS transitional period the
5 Commissioner is not to exercise a registration function
6 under section 15, 19, 20, 21 or 22.
7 3E. Show cause proceedings under s. 22
8 If the Commissioner --
9 (a) has given a person a notice under section 22(1)
10 and that notice is in force immediately before
11 the registration commencement time; and
12 (b) would have cancelled the registration of the
13 person under section 22(2) had he or she been
14 able to exercise that registration function after
15 the end of the pre-PPS transition period,
16 the Commissioner may provide the Registrar with a
17 written notice stating the registration of the person
18 would have been so cancelled.
19 3F. Details of entry
20 At and after the registration commencement time, the
21 Commissioner may, instead of providing a certificate
22 under section 23(3), respond to an application made in
23 accordance with section 23 by providing the applicant
24 with an extract from the register.
25 3G. Act to expire
26 (1) When the Minister is satisfied that there is no reason
27 for this Act to continue, the Minister is to publish a
28 notice in the Gazette stating that the Minister is
29 satisfied as to that matter, and that the Act expires at
30 the end of the day on which the notice is published.
page 15
Personal Property Securities (Consequential Repeals and
Amendments) Bill 2011
3BPart 4 Commerce
23BDivision 3 Companies (Co-operative) Act 1943 amended
s. 35
1 (2) This Act expires as stated in a notice published under
2 subsection (1).
3
4 Division 3 -- Companies (Co-operative) Act 1943 amended
5 35. Act amended
6 This Division amends the Companies (Co-operative) Act 1943.
7 36. Section 3 amended
8 In section 3 in the definition of Charge paragraph (c) delete
9 "registration or would be registrable as a bill of sale;" and
10 insert:
11
12 registration;
13
14 Division 4 -- Co-operatives Act 2009 amended
15 37. Act amended
16 This Division amends the Co-operatives Act 2009.
17 38. Section 44 amended
18 Delete section 44(2).
19 39. Section 230 amended
20 Delete section 230(1)(f).
21 40. Section 267 amended
22 In section 267:
23 (a) in paragraph (b) delete "the Mining Act 1978; or" and
24 insert:
25
26 the Mining Act 1978.
27
28 (b) delete paragraph (c).
page 16
Personal Property Securities (Consequential Repeals and Amendments)
Bill 2011
Commerce 3BPart 4
Co-operatives Act 2009 amended 24BDivision 4
s. 41
1 41. Section 337 amended
2 (1) In section 337 delete "A co-operative" and insert:
3
4 (1) Subject to subsection (2), a co-operative
5
6 (2) At the end of section 337 insert:
7
8 (2) If the Registrar gives a certificate under section 314 for
9 the winding-up of a co-operative, a co-operative is
10 declared to be an applied Corporations legislation
11 matter for the purposes of the Corporations (Ancillary
12 Provisions) Act 2001 Part 3 in relation to the
13 Corporations Act sections 588FL and 588FM, subject
14 to the following modifications --
15 (a) those sections are to be read as if a co-operative
16 were a company;
17 (b) any other modifications (within the meaning of
18 the Corporations (Ancillary Provisions)
19 Act 2001 Part 3) that are prescribed by the
20 regulations.
21
22 42. Section 454 amended
23 After section 454(2) insert:
24
25 (3) The obligation to keep the Register of Co-operative
26 Charges established under Schedule 3 clause 18 ceases
27 on the day after the end of the period of 7 years
28 beginning at the registration commencement time as
29 defined in Schedule 3 clause 4A.
30
page 17
Personal Property Securities (Consequential Repeals and
Amendments) Bill 2011
3BPart 4 Commerce
24BDivision 4 Co-operatives Act 2009 amended
s. 43
1 43. Section 457 amended
2 After section 457(3) insert:
3
4 (4) On and after the day after the end of the period of
5 7 years beginning at the registration commencement
6 time as defined in Schedule 3 clause 4A, this section
7 has no effect in relation to the Register of Co-operative
8 Charges referred to in clause 18 of that Schedule.
9
10 44. Schedule 3 Division 2A inserted
11 After Schedule 3 clause 3 insert:
12
13 Division 2A -- Schedule ceases to have effect except as
14 otherwise provided
15 4A. Terms used
16 In this Division --
17 migration time has the meaning given in the Personal
18 Property Securities Act 2009 (Commonwealth)
19 section 306(1);
20 pre-PPS transition period means the period --
21 (a) commencing at the migration time or such earlier
22 time as may be prescribed by the regulations; and
23 (b) ending at the registration commencement time;
24 registrable charge means a charge created before the
25 registration commencement time that was a registrable
26 charge as defined in clause 1 when it was created;
27 registration commencement time has the meaning given in
28 the Personal Property Securities Act 2009 (Commonwealth)
29 section 306(2);
30 registration function means any function conferred or
31 imposed on the Registrar under this Schedule.
page 18
Personal Property Securities (Consequential Repeals and Amendments)
Bill 2011
Commerce 3BPart 4
Co-operatives Act 2009 amended 24BDivision 4
s. 44
1 4B. Effect of Schedule at and after registration
2 commencement time
3 (1) Subject to subclause (2) and clause 4D, this Schedule has no
4 effect at and after the registration commencement time.
5 (2) If a registrable charge is void immediately before the
6 registration commencement time or becomes void at or after
7 that time, the Supreme Court may declare the charge not to
8 be, and never to have been void if --
9 (a) an application has been made to the Supreme Court
10 under clause 29 before the registration
11 commencement time or is made at or after that time
12 in accordance with clause 29; and
13 (b) the Supreme Court is satisfied as to the matters
14 referred to in clause 29(a) or (b).
15 4C. Refusal to exercise registration functions
16 (1) The Registrar may refuse to exercise a registration function
17 during the pre-PPS transitional period.
18 (2) Without limiting subclause (1), the Registrar may refuse to
19 exercise a registration function during the pre-PPS
20 transitional period in relation to a matter that was not finally
21 determined or concluded immediately before the
22 commencement of that period.
23 (3) After the end of the pre-PPS transitional period the
24 Commissioner is not to exercise a registration function.
25 4D. Priority between registrable charges
26 Subject to the Personal Property Securities Act 2009
27 (Commonwealth) Chapter 9, at and after the registration
28 commencement time, registrable charges have the priority
29 between themselves that they would have had under this Act
30 as in effect immediately before the registration
31 commencement time.
32
page 19
Personal Property Securities (Consequential Repeals and
Amendments) Bill 2011
3BPart 4 Commerce
25BDivision 5 Growers Charge Act 1940 amended
s. 45
1 Division 5 -- Growers Charge Act 1940 amended
2 45. Act amended
3 This Division amends the Growers Charge Act 1940.
4 46. Long title amended
5 In the long title delete "bill of sale or other security" and
6 insert:
7
8 security agreement
9
10 47. Section 2 amended
11 (1) In section 2 delete the definition of bill of sale.
12 (2) In section 2 insert in alphabetical order:
13
14 secured party has the meaning given in the Personal
15 Property Securities Act 2009 (Commonwealth)
16 section 10;
17 security agreement has the meaning given in the
18 Personal Property Securities Act 2009
19 (Commonwealth) section 10;
20
21 (3) In section 2 in the definition of crops delete "grain." and insert:
22
23 grain;
24
25 48. Section 3 amended
26 (1) In section 3:
27 (a) delete "Whenever crops" and insert:
28
29 (1) Whenever crops
30
page 20
Personal Property Securities (Consequential Repeals and Amendments)
Bill 2011
Commerce 3BPart 4
Growers Charge Act 1940 amended 25BDivision 5
s. 49
1 (b) delete "bill of sale then," and insert:
2
3 security agreement then,
4
5 (c) delete "bill of sale." (first and second occurrence) and
6 insert:
7
8 security agreement.
9
10 (2) At the end of section 3 insert:
11
12 (2) In accordance with the Personal Property Securities
13 Act 2009 (Commonwealth) section 73(2)(a), it is
14 declared that section 73(2) of that Act applies to a
15 charge created under subsection (1).
16
17 49. Section 6 amended
18 In section 6(b):
19 (a) delete "grantee of a bill of sale" and insert:
20
21 secured party
22
23 (b) delete "grantee," and insert:
24
25 secured party,
26
27 50. Section 7 amended
28 In section 7(d):
29 (a) delete "holders of bills of sale" and insert:
30
31 a secured party
32
page 21
Personal Property Securities (Consequential Repeals and
Amendments) Bill 2011
3BPart 4 Commerce
26BDivision 6 Hire-Purchase Act 1959 amended
s. 51
1 (b) delete "holders of bills of sale," and insert:
2
3 a secured party,
4
5 Division 6 -- Hire-Purchase Act 1959 amended
6 51. Act amended
7 This Division amends the Hire-Purchase Act 1959.
8 52. Section 3 amended
9 Delete section 3(2)(e)(vii).
10 53. Section 9 amended
11 In section 9(4)(b) delete "counterparts and if required by the
12 owner also the reasonable costs incurred by the owner in
13 registering the same under the Bills of Sale Act 1899." and
14 insert:
15
16 counterparts.
17
18 54. Section 36A amended
19 In section 36A(2a)(b) delete "and agreement registration fees".
20 55. First Schedule Part 1 amended
21 In the First Schedule Part 1 delete:
22
" Agreement Registration
Fees ............................... .............. ..............
23
page 22
Personal Property Securities (Consequential Repeals and Amendments)
Bill 2011
Commerce 3BPart 4
Motor Vehicle Dealers Act 1973 amended 27BDivision 7
s. 56
1 Division 7 -- Motor Vehicle Dealers Act 1973 amended
2 56. Act amended
3 This Division amends the Motor Vehicle Dealers Act 1973.
4 57. Section 32A amended
5 In section 32A delete the definition of security interest and
6 insert:
7
8 security interest has the meaning given in the Personal
9 Property Securities Act 2009 (Commonwealth)
10 section 10;
11
12 Division 8 -- Settlement Agents Act 1981 amended
13 58. Act amended
14 This Division amends the Settlement Agents Act 1981.
15 59. Schedule 2 amended
16 Delete Schedule 2 clause 2(fa).
page 23
Personal Property Securities (Consequential Repeals and
Amendments) Bill 2011
4BPart 5 Energy
29BDivision 1 Electricity Industry Act 2004 amended
s. 60
1 Part 5 -- Energy
2 Division 1 -- Electricity Industry Act 2004 amended
3 60. Act amended
4 This Division amends the Electricity Industry Act 2004.
5 61. Section 131A inserted
6 After section 130 insert:
7
8 131A. Licence not personal property for the purposes of
9 the Personal Property Securities Act 2009
10 (Commonwealth)
11 If a licence is transferable by the licensee, in
12 accordance with the Personal Property Securities
13 Act 2009 (Commonwealth) section 10 the definition of
14 licence paragraph (d), the licence is declared not to be
15 personal property for the purposes of that Act.
16
17 Division 2 -- Energy Coordination Act 1994 amended
18 62. Act amended
19 This Division amends the Energy Coordination Act 1994.
20 63. Section 26A inserted
21 After section 25 insert:
22
23 26A. Licence not personal property for the purposes of
24 the Personal Property Securities Act 2009
25 (Commonwealth)
26 If a licence is transferable by the licensee, in
27 accordance with the Personal Property Securities
page 24
Personal Property Securities (Consequential Repeals and Amendments)
Bill 2011
Energy 4BPart 5
Energy Coordination Act 1994 amended 30BDivision 2
s. 63
1 Act 2009 (Commonwealth) section 10 the definition of
2 licence paragraph (d), the licence is declared not to be
3 personal property for the purposes of that Act.
4
page 25
Personal Property Securities (Consequential Repeals and
Amendments) Bill 2011
5BPart 6 Environment
31BDivision 1 Conservation and Land Management Act 1984 amended
s. 64
1 Part 6 -- Environment
2 Division 1 -- Conservation and Land Management
3 Act 1984 amended
4 64. Act amended
5 This Division amends the Conservation and Land Management
6 Act 1984.
7 65. Section 88 amended
8 After section 88(2) insert:
9
10 (3) If a permit or licence granted under subsection (1) to
11 take forest produce on or from Crown land is
12 transferable by the permit holder or licensee, in
13 accordance with the Personal Property Securities
14 Act 2009 (Commonwealth) section 10 the definition of
15 licence paragraph (d), the permit or licence is declared
16 not to be personal property for the purposes of that Act.
17
18 66. Section 97A amended
19 After section 97A(10) insert:
20
21 (11) If a licence granted under subsection (1) or a permit
22 granted under subsection (3) is transferable by the
23 licensee or permit holder, in accordance with the
24 Personal Property Securities Act 2009
25 (Commonwealth) section 10 the definition of licence
26 paragraph (d), the licence or permit is declared not to
27 be personal property for the purposes of that Act.
28
page 26
Personal Property Securities (Consequential Repeals and Amendments)
Bill 2011
Environment 5BPart 6
Swan and Canning Rivers Management Act 2006 amended 32BDivision 2
s. 67
1 67. Section 99A amended
2 After section 99A(6) insert:
3
4 (7) If a licence granted under subsection (1) is transferable
5 by the licensee, in accordance with the Personal
6 Property Securities Act 2009 (Commonwealth)
7 section 10 the definition of licence paragraph (d), the
8 licence is declared not to be personal property for the
9 purposes of that Act.
10
11 68. Section 101 amended
12 After section 101(5) insert:
13
14 (6) If a licence granted under subsection (1) to enter and
15 use any land to which this Division applies is
16 transferable by the licensee, in accordance with the
17 Personal Property Securities Act 2009
18 (Commonwealth) section 10 the definition of licence
19 paragraph (d), the licence is declared not to be personal
20 property for the purposes of that Act.
21
22 Division 2 -- Swan and Canning Rivers Management
23 Act 2006 amended
24 69. Act amended
25 This Division amends the Swan and Canning Rivers
26 Management Act 2006.
page 27
Personal Property Securities (Consequential Repeals and
Amendments) Bill 2011
5BPart 6 Environment
33BDivision 3 Wildlife Conservation Act 1950 amended
s. 70
1 70. Section 32 amended
2 After section 32(7) insert:
3
4 (8) If a licence granted under subsection (1) in respect of
5 the River reserve is transferable by the licensee, in
6 accordance with the Personal Property Securities
7 Act 2009 (Commonwealth) section 10 the definition of
8 licence paragraph (d), the licence is declared not to be
9 personal property for the purposes of that Act.
10
11 Division 3 -- Wildlife Conservation Act 1950 amended
12 71. Act amended
13 This Division amends the Wildlife Conservation Act 1950.
14 72. Section 15 amended
15 After section 15(5) insert:
16
17 (6) If such licences as are prescribed under subsection (1)
18 are transferable by the licensee, in accordance with the
19 Personal Property Securities Act 2009
20 (Commonwealth) section 10 the definition of licence
21 paragraph (d), the licences are declared not to be
22 personal property for the purposes of that Act.
23
page 28
Personal Property Securities (Consequential Repeals and Amendments)
Bill 2011
Fisheries 6BPart 7
Fish Resources Management Act 1994 amended 34BDivision 1
s. 73
1 Part 7 -- Fisheries
2 Division 1 -- Fish Resources Management Act 1994 amended
3 73. Act amended
4 This Division amends the Fish Resources Management
5 Act 1994.
6 74. Section 66 amended
7 After section 66(4) insert:
8
9 (5) In accordance with the Personal Property Securities
10 Act 2009 (Commonwealth) section 10 the definition of
11 licence paragraph (d), an authorisation granted under
12 subsection (1) is declared not to be personal property
13 for the purposes of that Act.
14
15 75. Section 83 amended
16 After section 83(3) insert:
17
18 (4) In accordance with the Personal Property Securities
19 Act 2009 (Commonwealth) section 10 the definition of
20 licence paragraph (d), a fish processor's licence
21 granted under subsection (1) is declared not to be
22 personal property for the purposes of that Act.
23
24 76. Section 92 amended
25 After section 92(6) insert:
26
27 (7) In accordance with the Personal Property Securities
28 Act 2009 (Commonwealth) section 10 the definition of
29 licence paragraph (d), an aquaculture licence granted
page 29
Personal Property Securities (Consequential Repeals and
Amendments) Bill 2011
6BPart 7 Fisheries
35BDivision 2 Pearling Act 1990 amended
s. 77
1 under subsection (1) is declared not to be personal
2 property for the purposes of that Act.
3
4 Division 2 -- Pearling Act 1990 amended
5 77. Act amended
6 This Division amends the Pearling Act 1990.
7 78. Section 23 amended
8 After section 23(1) insert:
9
10 (2A) In accordance with the Personal Property Securities
11 Act 2009 (Commonwealth) section 10 the definition of
12 licence paragraph (d), the following rights,
13 entitlements or authorities are declared not to be
14 personal property for purposes of that Act --
15 (a) a pearl oyster farm lease issued under
16 subsection (1)(a);
17 (b) a pearling licence issued under
18 subsection (1)(b);
19 (c) a pearl oyster hatchery licence issued under
20 subsection (1)(c);
21 (d) a pearling permit issued under
22 subsection (1)(g);
23 (e) a pearl oyster hatchery permit issued under
24 subsection (1)(h).
25
page 30
Personal Property Securities (Consequential Repeals and Amendments)
Bill 2011
Lands 7BPart 8
Land Administration Act 1997 amended 36BDivision 1
s. 79
1 Part 8 -- Lands
2 Division 1 -- Land Administration Act 1997 amended
3 79. Act amended
4 This Division amends the Land Administration Act 1997.
5 80. Section 48 amended
6 After section 48(2) insert:
7
8 (3) If a licence granted under subsection (1) is transferable
9 by the licensee, in accordance with the Personal
10 Property Securities Act 2009 (Commonwealth)
11 section 10 the definition of licence paragraph (d), the
12 licence is declared not to be personal property for the
13 purposes of that Act.
14
15 81. Section 91 amended
16 After section 91(5) insert:
17
18 (6) If a licence granted under subsection (1) is transferable
19 by the licensee, in accordance with the Personal
20 Property Securities Act 2009 (Commonwealth)
21 section 10 the definition of licence paragraph (d), the
22 licence is declared not to be personal property for the
23 purposes of that Act.
24
page 31
Personal Property Securities (Consequential Repeals and
Amendments) Bill 2011
8BPart 9 Mines and Petroleum
37BDivision 1 Mining Act 1978 amended
s. 82
1 Part 9 -- Mines and Petroleum
2 Division 1 -- Mining Act 1978 amended
3 82. Act amended
4 This Division amends the Mining Act 1978.
5 83. Section 162A inserted
6 After section 161 insert:
7
8 162A. Certain things are not personal property for the
9 purposes of the Personal Property Securities
10 Act 2009 (Commonwealth)
11 In accordance with the Personal Property Securities
12 Act 2009 (Commonwealth) section 10 the definition of
13 licence paragraph (d), the following rights,
14 entitlements or authorities are declared not to be
15 personal property for the purposes of that Act --
16 (a) a prospecting licence granted under
17 section 40(1), 56A(6) or 70(6);
18 (b) an exploration licence granted under
19 section 57(1);
20 (c) a retention licence granted under
21 section 70B(1);
22 (d) a mining lease granted under section 71;
23 (e) a general purpose lease granted under
24 section 86(1);
25 (f) a miscellaneous licence granted under
26 section 91(1).
27
page 32
Personal Property Securities (Consequential Repeals and Amendments)
Bill 2011
Mines and Petroleum 8BPart 9
Offshore Minerals Act 2003 amended 38BDivision 2
s. 84
1 Division 2 -- Offshore Minerals Act 2003 amended
2 84. Act amended
3 This Division amends the Offshore Minerals Act 2003.
4 85. Section 443A inserted
5 After section 442 insert:
6
7 443A. Certain things are not personal property for the
8 purposes of the Personal Property Securities
9 Act 2009 (Commonwealth)
10 In accordance with the Personal Property Securities
11 Act 2009 (Commonwealth) section 10 the definition of
12 licence paragraph (d), the following rights,
13 entitlements or authorities are declared not to be
14 personal property for the purposes of that Act --
15 (a) an exploration licence granted under
16 section 63(a) or 81(1);
17 (b) a retention licence granted under
18 section 143(a);
19 (c) a mining licence granted under section 206(a)
20 or 225(1);
21 (d) a works licence granted under section 276(a).
22
23 Division 3 -- Petroleum and Geothermal Energy Resources
24 Act 1967 amended
25 86. Act amended
26 This Division amends the Petroleum and Geothermal Energy
27 Resources Act 1967.
page 33
Personal Property Securities (Consequential Repeals and
Amendments) Bill 2011
8BPart 9 Mines and Petroleum
40BDivision 4 Petroleum Pipelines Act 1969 amended
s. 87
1 87. Section 152 inserted
2 After section 151 insert:
3
4 152. Certain things are not personal property for the
5 purposes of the Personal Property Securities
6 Act 2009 (Commonwealth)
7 In accordance with the Personal Property Securities
8 Act 2009 (Commonwealth) section 10 the definition of
9 licence paragraph (d), the following rights,
10 entitlements or authorities are declared not to be
11 personal property for the purposes of that Act --
12 (a) a petroleum exploration permit or a geothermal
13 exploration permit granted under section 37;
14 (b) a drilling reservation granted under
15 section 43C(4);
16 (c) a petroleum retention lease or geothermal
17 retention lease granted under section 48B(5);
18 (d) a petroleum production licence or geothermal
19 production licence granted under section 61(4).
20
21 Division 4 -- Petroleum Pipelines Act 1969 amended
22 88. Act amended
23 This Division amends the Petroleum Pipelines Act 1969.
24 89. Section 66E inserted
25 After section 66D insert:
26
27 66E. Licences under section 10 are not personal property
28 for the purposes of the Personal Property Securities
29 Act 2009 (Commonwealth)
30 In accordance with the Personal Property Securities
31 Act 2009 (Commonwealth) section 10 the definition of
page 34
Personal Property Securities (Consequential Repeals and Amendments)
Bill 2011
Mines and Petroleum 8BPart 9
Petroleum (Submerged Lands) Act 1982 amended 41BDivision 5
s. 90
1 licence paragraph (d), a licence granted under
2 section 10 is declared not to be personal property for
3 the purposes of that Act.
4
5 Division 5 -- Petroleum (Submerged Lands) Act 1982 amended
6 90. Act amended
7 This Division amends the Petroleum (Submerged Lands)
8 Act 1982.
9 91. Section 152I inserted
10 At the beginning of Part IV insert:
11
12 152I. Certain things are not personal property for the
13 purposes of the Personal Property Securities
14 Act 2009 (Commonwealth)
15 In accordance with the Personal Property Securities
16 Act 2009 (Commonwealth) section 10 the definition of
17 licence paragraph (d), the following rights,
18 entitlements or authorities are declared not to be
19 personal property for the purposes of that Act --
20 (a) an exploration permit for petroleum granted
21 under section 27;
22 (b) a retention lease granted under section 38B(5);
23 (c) a production licence for petroleum granted
24 under section 44(2);
25 (d) a licence to construct and operate a pipeline
26 granted under section 65(10).
27
page 35
Personal Property Securities (Consequential Repeals and
Amendments) Bill 2011
9BPart 10 Premier
42BDivision 1 Gold Corporation Act 1987 amended
s. 92
1 Part 10 -- Premier
2 Division 1 -- Gold Corporation Act 1987 amended
3 92. Act amended
4 This Division amends the Gold Corporation Act 1987.
5 93. Section 67 amended
6 (1) In section 67 delete "Where gold" and insert:
7
8 (1) Where gold
9
10 (2) At the end of section 67 insert:
11
12 (2) For the purposes of the Personal Property Securities
13 Act 2009 (Commonwealth) section 259, gold that is
14 collateral purchased by Gold Corporation, the Mint or
15 GoldCorp under subsection (1), but not the proceeds
16 from the sale of gold to Gold Corporation, the Mint, or
17 GoldCorp, is declared to be an excluded matter in
18 relation to section 32 of that Act.
19
page 36
Personal Property Securities (Consequential Repeals and Amendments)
Bill 2011
Racing and Gaming 10BPart 11
Liquor Control Act 1988 amended 43BDivision 1
s. 94
1 Part 11 -- Racing and Gaming
2 Division 1 -- Liquor Control Act 1988 amended
3 94. Act amended
4 This Division amends the Liquor Control Act 1988.
5 95. Section 30A amended
6 After section 30A(2) insert:
7
8 (3) In accordance with the Personal Property Securities
9 Act 2009 (Commonwealth) section 10 the definition of
10 licence paragraph (d), a licence granted under
11 subsection (1) that is transferable by the licensee is
12 declared not to be personal property for the purposes of
13 that Act.
14
15 Division 2 -- The Western Australian Turf Club
16 Act 1892 amended
17 96. Act amended
18 This Division amends The Western Australian Turf Club
19 Act 1892.
20 97. Section 30 amended
21 In section 30 delete "The respective" and insert:
22
23 Subject to the Personal Property Securities Act 2009
24 (Commonwealth), the respective
25
page 37
Personal Property Securities (Consequential Repeals and
Amendments) Bill 2011
11BPart 12 Transport
45BDivision 1 Jetties Act 1926 amended
s. 98
1 Part 12 -- Transport
2 Division 1 -- Jetties Act 1926 amended
3 98. Act amended
4 This Division amends the Jetties Act 1926.
5 99. Section 8A amended
6 (1) Delete section 8A(4) and insert:
7
8 (4) The cost of removal under subsection (3) is a debt due
9 to the Crown and a first charge in priority to all other
10 claims on the materials comprising the private jetty.
11 (5A) In accordance with the Personal Property Securities
12 Act 2009 (Commonwealth) section 73(2)(a), it is
13 declared that section 73(2) of that Act applies to a
14 charge created under subsection (4).
15 (5B) The Minister may recover that cost of removal under
16 subsection (3) by causing the materials comprising the
17 private jetty to be sold.
18 (5C) If under subsection (5B) any materials comprising the
19 private jetty are sold in good faith to a person and the
20 person takes the property in good faith, the person
21 receives good title to the materials against every other
22 person including its true owner.
23
24 (2) In section 8A(5) delete "subsection (4)" and insert:
25
26 subsection (5B)
27
page 38
Personal Property Securities (Consequential Repeals and Amendments)
Bill 2011
Transport 11BPart 12
Perth Parking Management Act 1999 amended 46BDivision 2
s. 100
1 Division 2 -- Perth Parking Management Act 1999 amended
2 100. Act amended
3 This Division amends the Perth Parking Management Act 1999.
4 101. Section 9 amended
5 After section 9(5) insert:
6
7 (6) If a licence issued under subsection (1) is transferable
8 by the licensee, in accordance with the Personal
9 Property Securities Act 2009 (Commonwealth)
10 section 10 the definition of licence paragraph (d), the
11 licence is declared not to be personal property for the
12 purposes of that Act.
13
14 Division 3 -- Road Traffic Act 1974 amended
15 102. Act amended
16 This Division amends the Road Traffic Act 1974.
17 103. Section 15A inserted
18 At the end of Part II insert:
19
20 15A. Disclosure of information for the purposes of the
21 Personal Property Securities Act 2009
22 (Commonwealth)
23 The Director General may disclose the following
24 information to the Registrar as defined in the Personal
25 Property Securities Act 2009 (Commonwealth)
26 section 10 --
27 (a) information relating to vehicles that have been
28 stolen or written off;
page 39
Personal Property Securities (Consequential Repeals and
Amendments) Bill 2011
11BPart 12 Transport
48BDivision 4 Shipping and Pilotage Act 1967 amended
s. 104
1 (b) information contained in the register of vehicle
2 licences referred to in section 27(1) that the
3 Director General considers to be relevant to the
4 operation of the register as defined in
5 section 10 of that Act.
6
7 Division 4 -- Shipping and Pilotage Act 1967 amended
8 104. Act amended
9 This Division amends the Shipping and Pilotage Act 1967.
10 105. Section 5 amended
11 After section 5(3) insert:
12
13 (4A) If under subsection (3) any wreckage is sold in good
14 faith to a person and the person takes the property in
15 good faith, the person receives good title to the
16 wreckage against every other person including its true
17 owner.
18
19 Division 5 -- Taxi Act 1994 amended
20 106. Act amended
21 This Division amends the Taxi Act 1994.
22 107. Section 16 amended
23 After section 16(9) insert:
24
25 (10A) In accordance with the Personal Property Securities
26 Act 2009 (Commonwealth) section 10 the definition of
27 licence paragraph (d), a lease of taxi plates under this
28 section is declared not to be personal property for the
29 purposes of that Act.
30
page 40
Personal Property Securities (Consequential Repeals and Amendments)
Bill 2011
Transport 11BPart 12
Transport Co-ordination Act 1966 amended 50BDivision 6
s. 108
1 Division 6 -- Transport Co-ordination Act 1966 amended
2 108. Act amended
3 This Division amends the Transport Co-ordination Act 1966.
4 109. Section 20 amended
5 After section 20(4) insert:
6
7 (5) In accordance with the Personal Property Securities
8 Act 2009 (Commonwealth) section 10 the definition of
9 licence paragraph (d), a licence granted under this Part
10 is declared not to be personal property for the purposes
11 of that Act.
12
13 110. Section 47ZD amended
14 After section 47ZD(6) insert:
15
16 (7) If a licence issued under subsection (1) is transferable
17 by the licensee, in accordance with the Personal
18 Property Securities Act 2009 (Commonwealth)
19 section 10 the definition of licence paragraph (d), the
20 licence is declared not to be personal property for the
21 purposes of that Act.
22
23 Division 7 -- Western Australian Marine Act 1982 amended
24 111. Act amended
25 This Division amends the Western Australian Marine Act 1982.
page 41
Personal Property Securities (Consequential Repeals and
Amendments) Bill 2011
11BPart 12 Transport
51BDivision 7 Western Australian Marine Act 1982 amended
s. 112
1 112. Section 71 amended
2 (1) Delete section 71(3) and insert:
3
4 (3) The cost of removal under subsection (2) is a debt due
5 to the Crown and a first charge in priority to all other
6 claims on the navigational hazard.
7 (4A) In accordance with the Personal Property Securities
8 Act 2009 (Commonwealth) section 73(2)(a), it is
9 declared that section 73(2) of that Act applies to a
10 charge created under subsection (3).
11 (4B) The chief executive officer may recover the cost of
12 removal under subsection (2) by --
13 (a) action in a court of competent jurisdiction
14 against the owner of the navigational hazard; or
15 (b) selling or causing to be sold the navigational
16 hazard.
17 (4C) If under subsection (4B)(b) any navigational hazard is
18 sold in good faith to a person and the person takes the
19 property in good faith, the person receives good title to
20 the navigational hazard against every other person
21 including its true owner.
22
23 (2) In section 71(4) delete "subsection (3)(b)" and insert:
24
25 subsection (4B)(b)
26
page 42
Personal Property Securities (Consequential Repeals and Amendments)
Bill 2011
Transport 11BPart 12
Western Australian Marine (Sea Dumping) Act 1981 amended 52BDivision 8
s. 113
1 Division 8 -- Western Australian Marine (Sea Dumping)
2 Act 1981 amended
3 113. Act amended
4 This Division amends the Western Australian Marine (Sea
5 Dumping) Act 1981.
6 114. Section 12 amended
7 (1) In section 12(3) delete "charge upon the vessel, aircraft or
8 platform," and insert:
9
10 first charge in priority to all other claims upon the
11 vessel, aircraft or platform,
12
13 (2) After section 12(3) insert:
14
15 (4A) In accordance with the Personal Property Securities
16 Act 2009 (Commonwealth) section 73(2)(a), it is
17 declared that section 73(2) of that Act applies to a
18 charge created under subsection (3).
19
page 43
Personal Property Securities (Consequential Repeals and
Amendments) Bill 2011
12BPart 13 Water
53BDivision 1 Country Areas Water Supply Act 1947 amended
s. 115
1 Part 13 -- Water
2 Division 1 -- Country Areas Water Supply Act 1947 amended
3 115. Act amended
4 This Division amends the Country Areas Water Supply
5 Act 1947.
6 116. Section 81 amended
7 (1) In section 81 delete "The" and insert:
8
9 (1) The
10
11 (2) At the end of section 81 insert:
12
13 (2) In accordance with the Personal Property Securities
14 Act 2009 (Commonwealth) section 73(2)(a), it is
15 declared that section 73(2) of that Act applies to a
16 charge created under subsection (1).
17
18 Division 2 -- Country Towns Sewerage Act 1948 amended
19 117. Act amended
20 This Division amends the Country Towns Sewerage Act 1948.
21 118. Section 79 amended
22 (1) In section 79 delete "The" and insert:
23
24 (1) The
25
page 44
Personal Property Securities (Consequential Repeals and Amendments)
Bill 2011
Water 12BPart 13
Metropolitan Water Supply, Sewerage, and Drainage Act 1909 55BDivision 3
amended
s. 119
1 (2) At the end of section 79 insert:
2
3 (2) In accordance with the Personal Property Securities
4 Act 2009 (Commonwealth) section 73(2)(a), it is
5 declared that section 73(2) of that Act applies to a
6 charge created under subsection (1).
7
8 Division 3 -- Metropolitan Water Supply, Sewerage, and
9 Drainage Act 1909 amended
10 119. Act amended
11 This Division amends the Metropolitan Water Supply,
12 Sewerage, and Drainage Act 1909.
13 120. Section 109 amended
14 (1) In section 109 delete "The" and insert:
15
16 (1) The
17
18 (2) At the end of section 109 insert:
19
20 (2) In accordance with the Personal Property Securities
21 Act 2009 (Commonwealth) section 73(2)(a), it is
22 declared that section 73(2) of that Act applies to a
23 charge created under subsection (1).
24
25 Division 4 -- Water Services Licensing Act 1995 amended
26 121. Act amended
27 This Division amends the Water Services Licensing Act 1995.
page 45
Personal Property Securities (Consequential Repeals and
Amendments) Bill 2011
12BPart 13 Water
56BDivision 4 Water Services Licensing Act 1995 amended
s. 122
1 122. Section 60C inserted
2 After section 60B insert:
3
4 60C. Operating licence (water supply services) is not
5 personal property for the purposes of the Personal
6 Property Securities Act 2009 (Commonwealth)
7 If an operating licence granted under section 18 is
8 transferable by the licensee, in accordance with the
9 Personal Property Securities Act 2009
10 (Commonwealth) section 10 the definition of licence
11 paragraph (d), the licence is declared not to be personal
12 property for the purposes of that Act.
13
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