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This is a Bill, not an Act. For current law, see the Acts databases.


PERSONAL PROPERTY SECURITIES (COMMONWEALTH POWERS) BILL 2009

          Queensland



Personal Property Securities
(Commonwealth Powers) Bill
2009

 


 

 

Queensland Personal Property Securities (Commonwealth Powers) Bill 2009 Contents Page 1 Short title and purpose of Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4 Meaning of referred PPS matters . . . . . . . . . . . . . . . . . . . . . . . . . 7 5 Meaning of security interest in personal property . . . . . . . . . . . . 8 6 Initial and amendment references . . . . . . . . . . . . . . . . . . . . . . . . 9 7 Termination of references . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 8 Effect of termination of amendment references before initial reference ....................................... 11 9 Evidence of tabled text . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

 


 

 

2009 A Bill for An Act 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

 


 

Personal Property Securities (Commonwealth Powers) Bill 2009 [s 1] The Parliament of Queensland enacts-- 1 1 Short title and purpose of Act 2 (1) This Act may be cited as the Personal Property Securities 3 (Commonwealth Powers) Act 2009. 4 (2) The purpose of this Act is to refer certain matters relating to 5 security interests in personal property to the Parliament of the 6 Commonwealth for the purposes of section 51(xxxvii) of the 7 Constitution of the Commonwealth. 8 2 Commencement 9 (1) Section 6(2), (3) and (4) commences on a day to be fixed by 10 proclamation. 11 (2) The Acts Interpretation Act 1954, section 15DA does not 12 apply to section 6(2), (3) and (4). 13 Note-- 14 The Acts Interpretation Act 1954, section 15DA, provides for the 15 automatic commencement of certain Acts 1 year after they are assented 16 to. 17 3 Definitions 18 In this Act-- 19 amendment reference means a reference under section 6(2), 20 (3) or (4). 21 Commonwealth PPS Act means a Commonwealth Act 22 enacted in the terms, or substantially in the terms, of the 23 tabled text and as in force from time to time. 24 Commonwealth PPS instrument means any instrument 25 (whether or not of a legislative character) that is made or 26 issued under the Commonwealth PPS Act. 27 Page 4

 


 

Personal Property Securities (Commonwealth Powers) Bill 2009 [s 3] crops includes (but is not limited to) the kinds of things that 1 are included in the definition of crops for the purposes of the 2 tabled text. 3 excluded State statutory right means a State statutory right 4 that is declared by the law of the State by or under which it is 5 granted not to be personal property for the purposes of the 6 Commonwealth PPS Act. 7 express amendment, of the Commonwealth PPS Act, means 8 the direct amendment of the text of that Act (whether by the 9 insertion, omission, repeal, substitution or relocation of words 10 or matter) by another Commonwealth Act, but does not 11 include the enactment by a Commonwealth Act of a provision 12 that has or will have substantive effect otherwise than as part 13 of the text of the Commonwealth PPS Act. 14 fixtures means goods, other than crops, that are affixed to 15 land. 16 general law means the principles and rules of the common 17 law and equity to the extent to which they have effect in the 18 State from time to time. 19 goods means personal property that is tangible property, and 20 includes (but is not limited to) the kinds of things that are 21 included in the definition of goods for the purposes of the 22 tabled text. 23 initial reference means the reference under section 6(1). 24 initial referred provisions means the tabled text to the extent 25 to which that text deals with matters that are included in the 26 legislative powers of the Parliament of the State. 27 interest, in relation to property, includes a right in the 28 property. 29 land includes all estates and interests in land, whether 30 freehold, leasehold or chattel, but does not include goods that 31 are affixed to land. 32 law of the State means any Act of the State or any instrument 33 made under such an Act, whenever enacted or made and as in 34 force from time to time. 35 Page 5

 


 

Personal Property Securities (Commonwealth Powers) Bill 2009 [s 3] licence means either of the following-- 1 (a) a transferable right, entitlement or authority to do 1 or 2 more of the following-- 3 (i) to manufacture, produce, sell, transport or 4 otherwise deal with personal property; 5 (ii) to provide services; 6 (iii) to explore for, exploit or use a resource; 7 (b) a transferable authority to exercise rights comprising 8 intellectual property; 9 but does not include an excluded State statutory right. 10 personal property means property (including a licence) other 11 than-- 12 (a) land; or 13 (b) an excluded State statutory right. 14 reference means-- 15 (a) the initial reference; or 16 (b) an amendment reference. 17 referred PPS matters, in relation to personal property, see 18 section 4. 19 register means any system for recording interests or 20 information (whether in written or electronic form). 21 security interest, in personal property, see section 5. 22 State statutory right means a right, entitlement or authority 23 that is granted by or under a law of the State. 24 tabled text means the text of the proposed Personal Property 25 Securities Bill 2009 for a Commonwealth Act as tabled, by or 26 on behalf of the Minister introducing the Bill for the Personal 27 Property Securities (Commonwealth Powers) Act 2009 28 (NSW) in the Legislative Assembly of New South Wales on 29 16 June 2009. 30 transferable, in relation to a right, entitlement or authority, 31 means transferable under the general law or a law of the State 32 Page 6

 


 

Personal Property Securities (Commonwealth Powers) Bill 2009 [s 4] by the holder of the right, entitlement or authority (whether or 1 not the right, entitlement or authority is exclusive, and 2 whether or not a transfer is restricted or requires consent). 3 water right means a right, entitlement or authority, whether or 4 not exclusive, that is granted by or under the general law or a 5 law of the State in relation to the control, use or flow of water, 6 but does not include an excluded State statutory right. 7 4 Meaning of referred PPS matters 8 (1) In this Act, referred PPS matters, in relation to personal 9 property, means-- 10 (a) the matter of security interests in the personal property; 11 and 12 (b) without limiting the generality of paragraph (a), each of 13 the following matters-- 14 (i) the recording of security interests, or information 15 with respect to security interests, in the personal 16 property in a register; 17 (ii) the recording in such a register of any other 18 information with respect to the personal property 19 (whether or not there are any security interests in 20 the personal property); 21 (iii) the enforcement of security interests in the 22 personal property (including priorities to be given 23 as between security interests, and as between 24 security interests and other interests, in the 25 personal property). 26 (2) However, referred PPS matters does not include the matter of 27 making provision with respect to personal property or 28 interests in personal property in a manner that excludes or 29 limits the operation of a law of the State to the extent that the 30 law makes provision with respect to-- 31 (a) the creation, holding, transfer, assignment, disposal or 32 forfeiture of a State statutory right; or 33 Page 7

 


 

Personal Property Securities (Commonwealth Powers) Bill 2009 [s 5] (b) limitations, restrictions or prohibitions concerning the 1 kinds of interests that may be created or held in, or the 2 kinds of persons or bodies that may create or hold 3 interests in, a State statutory right; or 4 (c) without limiting the generality of paragraph (a) or (b), 5 any of the following matters-- 6 (i) the forfeiture of property or interests in property 7 (or the disposal of forfeited property or interests) in 8 connection with the enforcement of the general law 9 or any law of the State; 10 (ii) the transfer, by operation of that law of the State, of 11 property or interests in property from any specified 12 person or body to any other specified person or 13 body (whether or not for valuable consideration or 14 a fee or other reward). 15 (3) In this section-- 16 forfeiture means confiscation, seizure, extinguishment, 17 cancellation, suspension or any other forfeiture. 18 5 Meaning of security interest in personal property 19 (1) In this Act, a security interest in personal property means an 20 interest in relation to personal property provided for by a 21 transaction that, in substance, secures payment or 22 performance of an obligation (without regard to the form of 23 the transaction or the identity of the person who has title to the 24 property). 25 (2) A security interest in personal property also includes the 26 following interests in relation to personal property, whether or 27 not the transaction concerned, in substance, secures payment 28 or performance of an obligation-- 29 (a) the interest of a transferee under a transfer of a monetary 30 obligation or chattel paper; 31 (b) the interest of a consignor who delivers goods to a 32 consignee under a consignment; 33 Page 8

 


 

Personal Property Securities (Commonwealth Powers) Bill 2009 [s 6] (c) the interest of a lessor or bailor under a lease or bailment 1 of goods. 2 (3) A security interest in personal property does not include a 3 licence. 4 (4) In this section-- 5 chattel paper means 1 or more writings that evidence both a 6 monetary obligation and a security interest in, or a lease of, 7 specific personal property. 8 writing includes (but is not limited to) the kinds of things that 9 are included in the definition of writing for the purposes of the 10 tabled text. 11 6 Initial and amendment references 12 (1) The matters to which the initial referred provisions relate are 13 referred to the Parliament of the Commonwealth on the day 14 on which this subsection commences, but only to the extent of 15 the making of a law with respect to those matters by including 16 the initial referred provisions in an Act enacted in the terms, 17 or substantially in the terms, of the tabled text. 18 (2) The referred PPS matters in relation to personal property 19 (other than fixtures and water rights) are referred to the 20 Parliament of the Commonwealth on the day on which this 21 subsection commences, but only to the extent of the making of 22 laws with respect to those matters in relation to property of 23 that kind by making express amendments of the 24 Commonwealth PPS Act. 25 (3) The referred PPS matters in relation to fixtures are referred to 26 the Parliament of the Commonwealth on the day on which this 27 subsection commences, but only to the extent of the making of 28 laws with respect to those matters in relation to fixtures by 29 making express amendments of the Commonwealth PPS Act. 30 (4) The referred PPS matters in relation to transferable water 31 rights are referred to the Parliament of the Commonwealth on 32 the day on which this subsection commences, but only to the 33 extent of the making of laws with respect to those matters in 34 Page 9

 


 

Personal Property Securities (Commonwealth Powers) Bill 2009 [s 6] relation to such water rights by making express amendments 1 of the Commonwealth PPS Act. 2 (5) Except as provided by subsection (2), the operation of each of 3 subsections (1), (2), (3) and (4) is not affected by the other 4 subsections. 5 (6) The reference of any matter under subsection (1), (2), (3) or 6 (4) has effect only-- 7 (a) if and to the extent that the matter is not included in the 8 legislative powers of the Parliament of the 9 Commonwealth (otherwise than by a reference under 10 section 51(xxxvii) of the Constitution of the 11 Commonwealth); and 12 (b) if and to the extent that the matter is included in the 13 legislative powers of the Parliament of the State. 14 (7) For the avoidance of doubt, it is the intention of the 15 Parliament of the State that-- 16 (a) the Commonwealth PPS Act may be expressly 17 amended, or have its operation otherwise affected, at 18 any time after the commencement of subsection (1) by 19 provisions of Commonwealth Acts the operation of 20 which is based on legislative powers that the Parliament 21 of the Commonwealth has apart from the references 22 under subsection (1), (2), (3) or (4); and 23 (b) the Commonwealth PPS Act may have its operation 24 affected, otherwise than by express amendment, at any 25 time after the commencement of subsection (1) by 26 provisions of a Commonwealth PPS instrument. 27 (8) Despite any other provision of this section, a reference under 28 subsection (1), (2), (3) or (4) has effect for a period-- 29 (a) beginning when the subsection under which the 30 reference is made commences; and 31 (b) ending at the end of the day fixed under section 7 as the 32 day on which the reference is to terminate; 33 but not longer. 34 Page 10

 


 

Personal Property Securities (Commonwealth Powers) Bill 2009 [s 7] 7 Termination of references 1 (1) The Governor may, at any time, by proclamation published in 2 the gazette, fix a day as the day on which-- 3 (a) all of the references that have effect are to terminate; or 4 (b) any or all of the amendment references that have effect 5 are to terminate. 6 (2) A day fixed under subsection (1) must be no earlier than the 7 first day after the end of the period of 12 months beginning 8 with the day on which the proclamation is published under 9 that subsection. 10 (3) The Governor may, by proclamation published in the gazette, 11 revoke a proclamation published under subsection (1), in 12 which case the revoked proclamation is taken (for the 13 purposes of section 6) never to have been published. 14 (4) A revoking proclamation has effect only if published before 15 the day fixed under subsection (1). 16 (5) The revocation of a proclamation published under subsection 17 (1) does not prevent publication of a further proclamation 18 under that subsection. 19 (6) If a proclamation terminating any amendment reference (but 20 not the initial reference) has been published under subsection 21 (1) and has not been revoked, the expression all of the 22 references in subsection (1)(a) refers only to the initial 23 reference and such of the other amendment references that 24 have not yet been terminated. 25 8 Effect of termination of amendment references before 26 initial reference 27 (1) If an amendment reference terminates before the initial 28 reference terminates, the termination of the amendment 29 reference does not affect-- 30 (a) laws that were made under the amendment reference 31 before that termination (whether or not they have come 32 into operation before that termination); or 33 Page 11

 


 

Personal Property Securities (Commonwealth Powers) Bill 2009 [s 9] (b) the continued operation in the State of the 1 Commonwealth PPS Act as in operation immediately 2 before that termination or as subsequently amended or 3 affected by-- 4 (i) laws referred to in paragraph (a) that come into 5 operation after that termination; or 6 (ii) provisions referred to in section 6(7)(a) or (b). 7 (2) Accordingly, an amendment reference continues to have effect 8 for the purposes of subsection (1) unless the initial reference 9 is terminated. 10 (3) Subsection (1) does not apply to or in relation to an 11 amendment of the Commonwealth PPS Act that is excluded 12 from the operation of this section by the proclamation that 13 terminates the amendment reference. 14 (4) For the purposes of subsection (1)-- 15 (a) the laws referred to in subsection (1)(a) include 16 Commonwealth PPS instruments; and 17 (b) the reference in subsection (1)(b) to the Commonwealth 18 PPS Act as in operation immediately before the 19 termination of the amendment reference includes that 20 legislation as affected by Commonwealth PPS 21 instruments that have come into operation before that 22 time. 23 9 Evidence of tabled text 24 (1) A certificate of the Clerk of the Legislative Assembly of New 25 South Wales certifying that a document is an accurate copy of 26 the tabled text, or is an accurate copy of a particular part or of 27 particular provisions of the tabled text, is admissible in 28 evidence in any proceedings and is evidence-- 29 (a) of the matter certified; and 30 (b) that the text of the proposed Commonwealth Bill was 31 tabled in the Legislative Assembly of New South Wales 32 as referred to in the definition of tabled text in section 3. 33 Page 12

 


 

Personal Property Securities (Commonwealth Powers) Bill 2009 [s 9] (2) Subsection (1) does not affect any other way in which the 1 tabling or content of the tabled text, or the accuracy of a copy 2 of the tabled text or of a part or provisions of the tabled text, 3 may be established. 4 State of Queensland 2009 Page 13

 


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