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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Statutes Amendment (Personal Property Securities)
Bill 2010
A BILL FOR
An Act to amend various Acts as a consequence of the enactment of the Personal
Property Securities (Commonwealth Powers) Act 2009 and the
Personal Property Securities Act 2009 of the Commonwealth.
Contents
Part 1—Preliminary
1Short
title
2Commencement
3Amendment
provisions
Part 2—Amendment of Aquaculture
Act 2001
4Insertion of section
6A
6ALicence or other right
is not personal property for the purposes of Commonwealth
Act
Part 3—Amendment of Bills of Sale
Act 1886
5Amendment of section
2—Interpretation
6Amendment of section 10A—Assignment of
future crops
7Amendment of section 11—Covenants and
powers implied in bills of sale
8Amendment of section 11A—Standard
terms and conditions in bills of sale
9Amendment of section
12—Implication of certain words
10Amendment of section
12A—Joint and several liability under bill of sale
11Amendment of section 12B—Joint and
several entitlement of grantees
12Amendment of section 15—Bills of
sale to be registered in General Registry Office
13Amendment of section
19A—Renewal of registration of bills of sale
14Amendment of section
21—Bills of sale may be extended, varied or corrected
15Amendment of section 23—Registration of
dealings with registered bills of sale
16Amendment of section
38B—Minister may discharge bill of sale in certain
circumstances
17Insertion of Parts 7 and
8
Part 7—Provisions relating to
PPS Act
42Certain
provisions of Act to cease to have effect
43Provision of information to
Commonwealth
44Immunity
45Registrar may refuse to exercise
functions
46Registrar
may dispose of certain documents
47Regulations
Part 8—Repeal of
Act
48Repeal of
Act
Part 4—Amendment of Coast Protection
Act 1972
18Amendment of section 24—Temporary
occupation
Part 5—Amendment of Co-operatives
Act 1997
19Amendment of section 9—Exclusion of
operation of Corporations Act
20Amendment of section 46—Lodgment of
documents not to constitute constructive knowledge
21Amendment of section
239—Registers to be kept by co-operatives
22Amendment of Schedule
3—Registration etc of charges
Part 6—Amendment of Criminal Assets
Confiscation Act 2005
23Insertion of section
11A
11AApplication of
Personal Property Securities Act
Part 7—Amendment of Criminal Law
(Clamping, Impounding and Forfeiture of Vehicles)
Act 2007
24Amendment of section 7—Extension of
clamping period
25Amendment of section 12—Court order
for impounding or forfeiture on conviction of prescribed offence
26Amendment of section 20—Disposal of
vehicles
27Amendment of section 21—Credit provider
may apply to Magistrates Court for relief
Part 8—Amendment of Electricity
Act 1996
28Insertion of section
30A
30ALicence is not
personal property for the purposes of Commonwealth Act
Part 9—Amendment of Fisheries
Management Act 2007
29Insertion of section
5A
5ALicence or other right
is not personal property for the purposes of Commonwealth
Act
Part 10—Amendment of Gas
Act 1997
30Insertion of section
32A
32ALicence is not
personal property for the purposes of Commonwealth Act
Part 11—Amendment of Goods Securities
Act 1986
31Amendment of section
3—Interpretation
32Amendment of section 4—The
register
33Amendment of section 5—Application for
registration
34Amendment of section 6—Change of
particulars
35Amendment of section 7—Cancellation of
registration
36Amendment of section 8A—Interstate
arrangements and registration of security interests under corresponding
law
37Amendment of section 9—Certificate of
registered security interests
38Repeal of section 19
39Insertion of Parts 6 and
7
Part 6—Provisions relating to PPS
Act
23Certain provisions of
Act to cease to have effect
24Provision of information to
Commonwealth
25Immunity
26Registrar may refuse to exercise
functions
27Expiry of
registration 7 years after registration commencement
time
28Regulations
Part 7—Expiry of
Act
29Expiry of
Act
Part 12—Amendment of Historic
Shipwrecks Act 1981
40Insertion of section
15A
15APermits not
transferable
Part 13—Amendment of Legal
Practitioners Act 1981
41Amendment of section 21—Entitlement
to practise
Part 14—Amendment of Liens on Fruit
Act 1923
42Amendment of section
2—Interpretation
43Amendment of section 3—Right of
lienee to fruit crops
44Repeal of section 9
45Insertion of sections 11
to 16
11Certain provisions
of Act to cease to have effect
12Provision of information to
Commonwealth
13Immunity
14Registrar-General may refuse to exercise
functions
15Regulations
16Repeal of Act
Part 15—Amendment of Marine Parks
Act 2007
46Amendment of section 19—Permits for
activities
Part 16—Amendment of Mercantile Law
Act 1936
47Amendment of section 4—Powers of
mercantile agent with respect to disposition of goods
Part 17—Amendment of Mining
Act 1971
48Insertion of section
83A
83ALicence or other
right is not personal property for the purposes of Commonwealth
Act
Part 18—Amendment of National Parks
and Wildlife Act 1972
49Amendment of section 35—Control of
reserves
50Amendment of section
69—Permits
Part 19—Amendment of Offshore
Minerals Act 2000
51Insertion of section
5A
5ALicence or other right
is not personal property for the purposes of Commonwealth
Act
Part 20—Amendment of Petroleum and
Geothermal Energy Act 2000
52Insertion of section
13A
13ALicence is not
personal property for the purposes of Commonwealth Act
Part 21—Amendment of Petroleum
(Submerged Lands) Act 1982
53Insertion of section
5B
5BLicence or other right
is not personal property for the purposes of Commonwealth
Act
Part 22—Amendment of Stock Mortgages
and Wool Liens Act 1924
54Amendment of section
4—Interpretation
55Amendment of section 5—Stock
mortgages
56Amendment of section 14—Owner of sheep
may grant preferable lien on wool
57Amendment of section 19—Other
implied covenants in stock mortgages and agreements for wool liens
58Amendment of section 20—Meaning of
abbreviated expressions
59Amendment of section 21—Covenants to be
several as well as joint
60Amendment of section 22—Covenants to
bind executors
61Amendment of section 25—Certain
provisions of Bills of Sale Act to apply to mortgages and agreements for
liens
62Insertion of Parts 5 and
6
Part 5—Provisions relating to PPS
Act
26Certain provisions of
Act to cease to have effect
27Provision of information to
Commonwealth
28Immunity
29Registrar-General may refuse to exercise
functions
30Registrar-General may dispose of certain
documents
31Regulations
Part 6—Repeal of
Act
32Repeal of
Act
Part 23—Amendment of Unclaimed Goods
Act 1987
63Amendment of section 8—Proceeds of
sale
Part 24—Amendment of Wilderness
Protection Act 1992
64Amendment of section 28—Control
and administration of wilderness protection areas and zones
65Amendment of section 33—Prohibited
areas
Part 25—Amendment of Worker's Liens
Act 1893
66Insertion of section
9C
9CApplication of
Personal Property Securities Act
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Statutes Amendment (Personal Property
Securities) Bill 2010.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Aquaculture
Act 2001
After section 6 insert:
6A—Licence or other right is not personal property
for the purposes of Commonwealth Act
A right, entitlement or authority granted by or under this Act is not
personal property for the purposes of the Personal Property Securities
Act 2009 of the Commonwealth.
Part 3—Amendment
of Bills of Sale
Act 1886
5—Amendment
of section 2—Interpretation
(1) Section 2(1)—after the definition of bill of sale
insert:
business day means any day except a Saturday or a Sunday or
other public holiday;
(2) Section 2(1)—after the definition of personal
chattels insert:
PPS Act means the Personal Property Securities
Act 2009 of the Commonwealth;
(3) Section 2(1)—after the definition of Registrar
insert:
registration commencement time has the same meaning as in the
PPS Act;
6—Amendment
of section 10A—Assignment of future crops
Section 10A(1)—delete "complying with this Act and executed after the
commencement of the Bills
of Sale Act Amendment Act 1934" and substitute:
executed before the registration commencement time that complied with this
Act at the time of its execution
7—Amendment
of section 11—Covenants and powers implied in bills of
sale
Section 11—after "bill of sale for securing money" insert:
executed before the registration commencement time
8—Amendment
of section 11A—Standard terms and conditions in bills of
sale
(1) Section 11A(1)—delete "A person" and substitute:
Subject to subsection (1a), a person
(2) Section 11A—after subsection (1) insert:
(1a) A document of a kind referred to in subsection (1) cannot be
deposited with the Registrar following the last business day before the
registration commencement time.
(3) Section 11A(2)—after "A bill of sale" insert:
executed before the registration commencement time
9—Amendment
of section 12—Implication of certain words
Section 12—after "in any bill of sale" insert:
executed before the registration commencement time
10—Amendment
of section 12A—Joint and several liability under bill of
sale
Section 12A—after "bill of sale" insert:
executed before the registration commencement time
11—Amendment
of section 12B—Joint and several entitlement of
grantees
Section 12B—after "of a bill of sale" insert:
executed before the registration commencement time
12—Amendment
of section 15—Bills of sale to be registered in General Registry
Office
(1) Section 15—delete "All bills" and substitute:
Subject to subsection (2), all bills
(2) Section 15—after its present contents as amended by this section
(now to be designated as subsection (1)) insert:
(2) A bill of sale or subsequent dealing is not to be registered under
this Act following the last business day before the registration commencement
time.
13—Amendment
of section 19A—Renewal of registration of bills of
sale
Section 19A—after subsection (2) insert:
(2a) However, the registration of a bill of sale under this Act cannot be
renewed following the registration commencement time.
14—Amendment
of section 21—Bills of sale may be extended, varied or
corrected
(1) Section 21(1)—after "may be effected" insert:
before the registration commencement time
(2) Section 21—after subsection (3) insert:
(4) An extension of time, or any other variation, or any correction, of a
bill of sale effected before the registration commencement time continues to
have effect after that time.
15—Amendment
of section 23—Registration of dealings with registered bills of
sale
(1) Section 23(1)—delete "The Registrar" and substitute:
Subject to subsection (1a), the Registrar
(2) Section 23—after subsection (1) insert:
(1a) A dealing with a bill of sale is not to be registered under this Act
following the registration commencement time.
16—Amendment
of section 38B—Minister may discharge bill of sale in certain
circumstances
(1) Section 38B(1)—delete "Where all money" and
substitute:
Subject to subsection (1aa), if all money
(2) Section 38B—after subsection (1) insert:
(1aa) The Minister may not execute a discharge of a bill of sale after the
registration commencement time.
(3) Section 38B(2)—delete "The Minister may" and
substitute:
Subject to subsection (2a), the Minister may
(4) Section 38B—after subsection (2) insert:
(2a) The Minister may not receive money under subsection (2) after
the registration commencement time.
After Part 6 insert:
Part 7—Provisions relating to
PPS Act
42—Certain provisions of Act to cease to have
effect
(1) The following
provisions of this Act will cease to have effect at the registration
commencement time:
(a) section 7;
(b) sections 9 and 10;
(c) section 13;
(d) sections 17 to 18 (inclusive);
(e) section 19B;
(f) sections 19E and 20;
(g) section 22;
(h) the provisions of Part 4;
(i) section 36;
(j) section 37.
(2) Any proceedings on foot before the Supreme Court under
section 17B or 19B at the registration commencement time are discontinued
at the registration commencement time by force of this subsection.
43—Provision of information to
Commonwealth
(1) The Registrar may
provide the PPS Registrar, or any other officer of the Commonwealth, with
such information concerning bills of sale registered under this Act, and any
other information recorded by the Registrar in connection with registration
under this Act, as the Registrar considers appropriate in order to assist the
Commonwealth in establishing the PPS Register.
(2) The Registrar may provide the information referred to in
subsection (1) in
such form (including by means of electronic data or in a form approved for the
purposes of the PPS Act) as the Registrar considers appropriate.
(3) In this section—
PPS Register means the Personal Property Securities Register
established under the PPS Act;
PPS Registrar means the Registrar of Personal Property
Securities under the PPS Act.
44—Immunity
The State, or an officer, employee or agent of the State, does not incur
liability for anything done or omitted to be done in good faith by the State,
officer, employee or agent—
(a) in the exercise of a power or the discharge of a duty under
section 43; or
(b) in the reasonable belief that the act or omission was in the exercise
of a power or the discharge of a duty under
section 43.
45—Registrar may refuse to exercise
functions
(1) The Registrar may
refuse to exercise a function under this Act during the pre-PPS transitional
period.
(2) Without limiting
subsection (1),
the Registrar may refuse to exercise a function during the pre-PPS transitional
period in relation to a matter that was not finally determined or concluded
immediately before the commencement of that period.
(3) In this section—
migration time has the same meaning as in the
PPS Act;
pre-PPS transitional period means the period—
(a) commencing at the migration time or such earlier time as may be
prescribed by the regulations; and
(b) ending at the registration commencement time.
46—Registrar may dispose of certain
documents
The Registrar may, following the registration commencement time, destroy or
otherwise dispose of any bill of sale kept in the Registrar's office, or any
document or record kept in connection with such a bill of sale, if, in the
opinion of the Registrar, retention of the bill of sale or other document or
record would serve no useful purpose.
47—Regulations
The Governor may make regulations containing provisions of a savings or
transitional nature—
(a) consequent on the enactment of the Personal
Property Securities (Commonwealth Powers) Act 2009 or on the
commencement of specified provisions of that Act; or
(b) relevant to the interaction between this Act and the PPS
Act.
Part 8—Repeal of Act
48—Repeal of Act
(1) After the
registration commencement time, the Governor may, by proclamation, fix a date
for the repeal of this Act.
(2) On the date fixed under
subsection (1),
this Act is repealed.
Part 4—Amendment
of Coast Protection
Act 1972
18—Amendment
of section 24—Temporary occupation
Section 24—after subsection (4) insert:
(5) An authorisation of the Board under subsection (1) is not
transferable.
Part 5—Amendment
of Co-operatives
Act 1997
19—Amendment
of section 9—Exclusion of operation of Corporations
Act
(1) Section 9(2)(g)—delete paragraph (g)
(2) Section 9(2)(m)—delete paragraph (m)
20—Amendment
of section 46—Lodgment of documents not to constitute constructive
knowledge
Section 46(2)—delete subsection (2) and substitute:
(2) Subsection (1) does not apply in relation to a document, or in
relation to the contents of a document, that has been filed under the
Personal Property Securities Act 2009 of the Commonwealth to the
extent that the document relates to a charge that may be the subject of
registration under that Act.
21—Amendment
of section 239—Registers to be kept by co-operatives
Section 239(1)(b)—delete "securities given by,"
22—Amendment
of Schedule 3—Registration etc of charges
(1) Schedule 3, clause 1—after the definition of marketable
security insert:
PPS Act means the Personal Property Securities
Act 2009 of the Commonwealth;
(2) Schedule 3, clause 1, after the definition of registrable
charge insert:
registration commencement time has the same meaning as in the
PPS Act.
(3) Schedule
3—after Part 3 insert:
Part 4—Provisions relating to PPS
Act
50—Certain provisions of Schedule to cease to have
effect
The following provisions of this Schedule will cease to have effect at the
registration commencement time:
(a) clause 13;
(b) clauses 15 to 17 (inclusive);
(c) the provisions of Part 2 Division 4;
(d) the provisions of Part 2 Division 5;
(e) the provisions of Part 2 Division 6;
(f) clauses 40 and 41;
(g) the provisions of Part 3.
51—Provision of information to
Commonwealth
(1) The Commission
may provide the PPS Registrar, or any other officer of the Commonwealth,
with such information concerning charges registered under this Schedule, and any
other information recorded by the Commission in connection with registration
under this Schedule, as the Commission considers appropriate in order to assist
the Commonwealth in establishing the PPS Register.
(2) The Commission may provide the information referred to in
subclause (1) in
such form (including by means of electronic data or in a form approved for the
purposes of the PPS Act) as the Commission considers appropriate.
(3) In this clause—
PPS Register means the Personal Property Securities Register
established under the PPS Act;
PPS Registrar means the Registrar of Personal Property
Securities under the PPS Act.
52—Immunity
The State, or an officer, employee or agent of the State, does not incur
liability for anything done or omitted to be done in good faith by the State,
officer, employee or agent—
(a) in the exercise of a power or the discharge of a duty under
clause 51; or
(b) in the reasonable belief that the act or omission was in the exercise
of a power or the discharge of a duty under
clause 51.
53—Commission may refuse to exercise
functions
(1) The Commission
may refuse to exercise a function under this Schedule during the pre-PPS
transitional period.
(2) Without limiting
subclause (1), the
Commission may refuse to exercise a function during the pre-PPS transitional
period in relation to a matter that was not finally determined or concluded
immediately before the commencement of that period.
(3) In this clause—
migration time has the same meaning as in the PPS
Act;
pre-PPS transitional period means the period—
(a) commencing at the migration time or such earlier time as may be
prescribed by the regulations; and
(b) ending at the registration commencement time.
54—Regulations
The Governor may make regulations containing provisions of a savings or
transitional nature—
(a) consequent on the enactment of the Personal
Property Securities (Commonwealth Powers) Act 2009 or on the
commencement of specified provisions of that Act; or
(b) relevant to the interaction between this Act and the PPS
Act.
Part 5—Repeal of Schedule and Part 10 Division
2
55—Repeal of Schedule and Part 10 Division
2
(1) After the
registration commencement time, the Governor may, by proclamation, fix a date
for the repeal of this Schedule and Part 10 Division 2 of this
Act.
(2) On the date fixed under
subclause (1),
this Schedule and Part 10 Division 2 of this Act are repealed.
Part 6—Amendment
of Criminal Assets Confiscation
Act 2005
After section 11 insert:
11A—Application of Personal Property Securities
Act
Section 73(2) of the Personal Property Securities Act 2009 of
the Commonwealth applies to an interest in property that arises by being
created, arising or being provided for under this Act.
Part 7—Amendment
of Criminal Law (Clamping, Impounding and
Forfeiture of Vehicles) Act 2007
24—Amendment
of section 7—Extension of clamping period
Section 7(3)(b)—delete paragraph (b) and substitute:
(b) each person registered under the Personal Property Securities
Act 2009 of the Commonwealth as a secured party in relation to a
security interest for which the motor vehicle is collateral; and
25—Amendment
of section 12—Court order for impounding or forfeiture on conviction
of prescribed offence
Section 12(2)(c)—delete "holder of a registered security
interest in respect of the motor vehicle under the Goods
Securities Act 1986" and substitute:
person registered under the Personal Property Securities
Act 2009 of the Commonwealth as a secured party in relation to a
security interest for which the motor vehicle is collateral
26—Amendment
of section 20—Disposal of vehicles
Section 20(3)(b)—delete paragraph (b) and substitute:
(b) each person registered under the Personal Property Securities
Act 2009 of the Commonwealth as a secured party in relation to a
security interest for which the motor vehicle is collateral.
27—Amendment
of section 21—Credit provider may apply to Magistrates Court for
relief
Section 21(3)(d)—delete paragraph (d) and substitute:
(d) each person registered under the Personal Property Securities
Act 2009 of the Commonwealth as a secured party in relation to a
security interest for which the motor vehicle is collateral;
Part 8—Amendment
of Electricity
Act 1996
After section 30 insert:
30A—Licence is not personal property for the
purposes of Commonwealth Act
A licence under this Part is not personal property for the purposes of the
Personal Property Securities Act 2009 of the Commonwealth.
Part 9—Amendment
of Fisheries Management
Act 2007
After section 5 insert:
5A—Licence or other right is not personal property
for the purposes of Commonwealth Act
An authority granted by or under this Act is not personal property for the
purposes of the Personal Property Securities Act 2009 of the
Commonwealth.
Part 10—Amendment
of Gas Act 1997
After section 32 insert:
32A—Licence is not personal property for the
purposes of Commonwealth Act
A licence under this Part is not personal property for the purposes of the
Personal Property Securities Act 2009 of the Commonwealth.
Part 11—Amendment
of Goods Securities
Act 1986
31—Amendment
of section 3—Interpretation
(1) Section 3(1)—after the definition of authorised
person insert:
business day means any day except a Saturday or a Sunday or
other public holiday;
(2) Section 3(1)—after the definition of notice
insert:
PPS Act means the Personal Property Securities
Act 2009 of the Commonwealth;
(3) Section 3(1)—after the definition of Registrar
insert:
registration commencement time has the same meaning as in the
PPS Act;
32—Amendment
of section 4—The register
Section 4—after subsection (3) insert:
(4) Despite subsections (2) and (3), no information is to be
added to the register under this section following the last business day before
the registration commencement time.
33—Amendment
of section 5—Application for registration
(1) Section 5(1)—delete "The holder" and substitute:
Subject to subsection (1a), the holder
(2) Section 5—after subsection (1) insert:
(1a) An application under subsection (1) may not be made following
the last business day before the registration commencement time.
34—Amendment
of section 6—Change of particulars
(1) Section 6(1)—delete "The holder" and substitute:
Subject to subsection (1a), the holder
(2) Section 6—after subsection (1) insert:
(1a) An application under subsection (1) may not be made following
the last business day before the registration commencement time.
35—Amendment
of section 7—Cancellation of registration
(1) Section 7(1)—delete "The holder" and substitute:
Subject to this section, the holder
(2) Section 7—after subsection (1) insert:
(1a) An application under subsection (1) may not be made following
the last business day before the registration commencement time.
36—Amendment
of section 8A—Interstate arrangements and registration of security
interests under corresponding law
(1) Section 8A(2)—delete "The Registrar" and substitute:
Subject to subsection (2a), the Registrar
(2) Section 8A—after subsection (2) insert:
(2a) No information is to be added to the register under this section
following the last business day before the registration commencement
time.
37—Amendment
of section 9—Certificate of registered security
interests
(1) Section 9(1)—delete "A person" and substitute:
Subject to subsection (1a), a person
(2) Section 9—after subsection (1) insert:
(1a) An application under subsection (1) may not be made following
the last business day before the registration commencement time.
Section 19—delete the section
After Part 5 insert:
Part 6—Provisions relating to PPS
Act
23—Certain provisions of Act to cease to have
effect
The following provisions of this Act will cease to have effect at the
registration commencement time:
(a) section 7(1)(b);
(b) section 8B;
(c) the provisions of Part 3.
24—Provision of information to
Commonwealth
(1) The Registrar may
provide the PPS Registrar, or any other officer of the Commonwealth, with
such information concerning security interests registered under this Act, and
any other information recorded by the Registrar in connection with registration
under this Act, as the Registrar considers appropriate in order to assist the
Commonwealth in establishing the PPS Register.
(2) The Registrar may provide the information referred to in
subsection (1) in
such form (including by means of electronic data or in a form approved for the
purposes of the PPS Act) as the Registrar considers appropriate.
(3) In this section—
PPS Register means the Personal Property Securities Register
established under the PPS Act;
PPS Registrar means the Registrar of Personal Property
Securities under the PPS Act.
25—Immunity
The State, or an officer, employee or agent of the State, does not incur
liability for anything done or omitted to be done in good faith by the State,
officer, employee or agent—
(a) in the exercise of a power or the discharge of a duty under
section 24; or
(b) in the reasonable belief that the act or omission was in the exercise
of a power or the discharge of a duty under
section 24.
26—Registrar may refuse to exercise
functions
(1) The Registrar may
refuse to exercise a function under this Act during the pre-PPS transitional
period.
(2) Without limiting
subsection (1),
the Registrar may refuse to exercise a function during the pre-PPS transitional
period in relation to a matter that was not finally determined or concluded
immediately before the commencement of that period.
(3) In this section—
migration time has the same meaning as in the PPS
Act;
pre-PPS transitional period means the period—
(a) commencing at the migration time or such earlier time as may be
prescribed by the regulations; and
(b) ending at the registration commencement time.
27—Expiry of registration 7 years after
registration commencement time
Despite any other provision of this Act, the registration of all security
interests registered under this Act immediately before the registration
commencement time will expire on 1 May 2018 (unless otherwise
cancelled before that day).
28—Regulations
The Governor may make regulations containing provisions of a savings or
transitional nature—
(a) consequent on the enactment of the Personal
Property Securities (Commonwealth Powers) Act 2009 or on the
commencement of specified provisions of that Act; or
(b) relevant to the interaction between this Act and the PPS
Act.
Part 7—Expiry of Act
29—Expiry of Act
(1) Subject to this
section, this Act will expire on the third anniversary of the commencement of
this section.
(2) After the
registration commencement time, the Governor may, by proclamation, fix a day on
which this Act will expire that is earlier than the day that applies under
subsection (1) (and
this Act will then expire on the day fixed by proclamation).
Part 12—Amendment
of Historic Shipwrecks
Act 1981
After section 15 insert:
15A—Permits not transferable
A permit granted under this Act is not transferable.
Part 13—Amendment
of Legal Practitioners
Act 1981
41—Amendment
of section 21—Entitlement to practise
Section 21(3)(o)—delete paragraph (o) and substitute:
(o) a conveyancer registered under the Conveyancers
Act 1994 from preparing for fee or reward—
(i) an instrument registrable under the Real
Property Act 1886, the Community
Titles Act 1996 or the Strata
Titles Act 1988; or
(ii) an instrument that creates or records a bill of sale, stock mortgage
or lien over wool or fruit;
Part 14—Amendment
of Liens on Fruit
Act 1923
42—Amendment
of section 2—Interpretation
(1) Section 2—before the definition of fruit crop
insert:
business day means any day except a Saturday or a Sunday or
other public holiday;
(2) Section 2—after the definition of landlord
insert:
PPS Act means the Personal Property Securities
Act 2009 of the Commonwealth;
(3) Section 2—after the definition of produce
insert:
registration commencement time has the same meaning as in the
PPS Act;
43—Amendment
of section 3—Right of lienee to fruit crops
(1) Section 3—delete "In all cases" and substitute:
Subject to subsection (2), in all cases
(2) Section 3—after its present contents as amended by this section
(now to be designated as subsection (1)) insert:
(2) An agreement is not to be registered under this Act following the last
business day before the registration commencement time.
Section 9—delete the section
45—Insertion
of sections 11 to 16
After section 10 insert:
11—Certain provisions of Act to cease to have
effect
Sections 3 to 7 (inclusive) will cease to have effect at the registration
commencement time.
12—Provision of information to
Commonwealth
(1) The
Registrar-General of Deeds may provide the PPS Registrar, or any other
officer of the Commonwealth, with such information concerning agreements
registered under this Act, and any other information recorded by the
Registrar-General in connection with registration under this Act, as the
Registrar-General considers appropriate in order to assist the Commonwealth in
establishing the PPS Register.
(2) The Registrar-General of Deeds may provide the information referred to
in
subsection (1) in
such form (including by means of electronic data or in a form approved for the
purposes of the PPS Act) as the Registrar-General considers
appropriate.
(3) In this section—
PPS Register means the Personal Property Securities Register
established under the PPS Act;
PPS Registrar means the Registrar of Personal Property
Securities under the PPS Act.
13—Immunity
The State, or an officer, employee or agent of the State, does not incur
liability for anything done or omitted to be done in good faith by the State,
officer, employee or agent—
(a) in the exercise of a power or the discharge of a duty under
section 12; or
(b) in the reasonable belief that the act or omission was in the exercise
of a power or the discharge of a duty under
section 12.
14—Registrar-General may refuse to exercise
functions
(1) The
Registrar-General of Deeds may refuse to exercise a function under this Act
during the pre-PPS transitional period.
(2) Without limiting
subsection (1),
the Registrar-General of Deeds may refuse to exercise a function during the
pre-PPS transitional period in relation to a matter that was not finally
determined or concluded immediately before the commencement of that
period.
(3) In this section—
migration time has the same meaning as in the PPS
Act;
pre-PPS transitional period means the period—
(a) commencing at the migration time or such earlier time as may be
prescribed by the regulations; and
(b) ending at the registration commencement time.
15—Regulations
The Governor may make regulations containing provisions of a savings or
transitional nature—
(a) consequent on the enactment of the Personal
Property Securities (Commonwealth Powers) Act 2009 or on the
commencement of specified provisions of that Act; or
(b) relevant to the interaction between this Act and the PPS
Act.
16—Repeal of Act
(1) After the
registration commencement time, the Governor may, by proclamation, fix a date
for the repeal of this Act.
(2) On the date fixed under
subsection (1),
this Act is repealed.
Part 15—Amendment
of Marine Parks
Act 2007
46—Amendment
of section 19—Permits for activities
Section 19—after subsection (8) insert:
(9) A permit granted under this section may be transferred only if it is a
permit for a prescribed activity or a permit of a prescribed class and the
transfer complies with any prescribed conditions.
Part 16—Amendment
of Mercantile Law
Act 1936
47—Amendment
of section 4—Powers of mercantile agent with respect to disposition of
goods
(1) Section 4(5)—delete "an interest that is registered under the
Goods
Securities Act 1986" and substitute:
a security interest that is the subject of a financing statement registered
under the Personal Property Securities Act 2009 of the
Commonwealth
(2) Section 4—after subsection (5) insert:
(6) In subsection (5), security interest and financing
statement have the same respective meanings as in the Personal
Property Securities Act 2009 of the Commonwealth.
Part 17—Amendment
of Mining Act 1971
After section 83 insert:
83A—Licence or other right is not personal property
for the purposes of Commonwealth Act
A right, entitlement or authority granted by or under this Act is not
personal property for the purposes of the Personal Property Securities Act
2009 of the Commonwealth.
Part 18—Amendment
of National Parks and Wildlife
Act 1972
49—Amendment
of section 35—Control of reserves
Section 35—after subsection (4) insert:
(4a) A licence granted under this section cannot be transferred or
otherwise dealt with without the consent of the relevant authority that granted
the licence.
50—Amendment
of section 69—Permits
Section 69—after subsection (7) insert:
(7a) A permit granted under a provision of this Act may be transferred
only if it is a permit for a prescribed activity or a permit of a prescribed
class and the transfer complies with any prescribed conditions.
Part 19—Amendment
of Offshore Minerals
Act 2000
After section 5 insert:
5A—Licence or other right is not personal property
for the purposes of Commonwealth Act
A right, entitlement or authority granted by or under this Act is not
personal property for the purposes of the Personal Property Securities Act
2009 of the Commonwealth.
Part 20—Amendment
of Petroleum and Geothermal Energy
Act 2000
After section 13 insert:
13A—Licence is not personal property for the
purposes of Commonwealth Act
A licence is not personal property for the purposes of the Personal
Property Securities Act 2009 of the Commonwealth.
Part 21—Amendment
of Petroleum (Submerged Lands)
Act 1982
After section 5A insert:
5B—Licence or other right is not personal property
for the purposes of Commonwealth Act
A right, entitlement or authority that is granted by or under this Act is
not personal property for the purposes of the Personal Property Securities
Act 2009 of the Commonwealth.
Part 22—Amendment
of Stock Mortgages and Wool Liens
Act 1924
54—Amendment
of section 4—Interpretation
(1) Section 4—before the definition of lienee
insert:
business day means any day except a Saturday or a Sunday or
other public holiday;
(2) Section 4—after the definition of mortgagor
insert:
PPS Act means the Personal Property Securities
Act 2009 of the Commonwealth;
registration commencement time has the same meaning as in the
PPS Act;
55—Amendment
of section 5—Stock mortgages
(1) Section 5—delete "Every mortgage" and substitute:
Subject to this section, every mortgage
(2) Section 5—delete "to this Act" and substitute:
before the registration commencement time
(3) Section 5—after its present contents (now to be designated as
subsection (1)) insert:
(2) A mortgage of stock is not to be registered in the general registry
office following the last business day before the registration commencement
time.
56—Amendment
of section 14—Owner of sheep may grant preferable lien on
wool
Section 14—after subsection (2) insert:
(3) An agreement conferring a preferable lien on wool is not to be
registered in the general registry office following the last business day before
the registration commencement time.
57—Amendment
of section 19—Other implied covenants in stock mortgages and agreements
for wool liens
(1) Section 19(1)—after "stock mortgage" insert:
executed before the registration commencement time
(2) Section 19(2)—after "lien on wool" insert:
executed before the registration commencement time
58—Amendment
of section 20—Meaning of abbreviated expressions
Section 20—after "lien on wool" insert:
executed before the registration commencement time
59—Amendment
of section 21—Covenants to be several as well as
joint
Section 21—after "lien on wool" insert:
executed before the registration commencement time
60—Amendment
of section 22—Covenants to bind executors
Section 22—after "lien on wool" insert:
executed before the registration commencement time
61—Amendment
of section 25—Certain provisions of Bills of Sale Act to apply to
mortgages and agreements for liens
(1) Section 25—delete "The provisions" and substitute:
Subject to subsection (2), the provisions
(2) Section 25—after its present contents as amended by this section
(now to be designated as subsection (1)) insert:
(2) A provision of the Bills
of Sale Act 1886 that will cease to have effect at the registration
commencement time will, at that time, also cease to have effect in its
application to stock mortgages and agreements conferring a preferable lien on
wool under this Act.
After Part 4 insert:
Part 5—Provisions relating to PPS
Act
26—Certain provisions of Act to cease to have
effect
The following provisions of this Act will cease to have effect at the
registration commencement time:
(a) sections 6 to 13 (inclusive);
(b) sections 15 to 17 (inclusive);
(c) sections 23 and 24.
27—Provision of information to
Commonwealth
(1) The
Registrar-General may provide the PPS Registrar, or any other officer of
the Commonwealth, with such information concerning stock mortgages and
agreements conferring a preferable lien on wool registered under this Act, and
any other information recorded by the Registrar-General in connection with
registration under this Act, as the Registrar-General considers appropriate in
order to assist the Commonwealth in establishing the
PPS Register.
(2) The Registrar-General may provide the information referred to in
subsection (1) in
such form (including by means of electronic data or in a form approved for the
purposes of the PPS Act) as the Registrar-General considers
appropriate.
(3) In this section—
PPS Register means the Personal Property Securities Register
established under the PPS Act;
PPS Registrar means the Registrar of Personal Property
Securities under the PPS Act.
28—Immunity
The State, or an officer, employee or agent of the State, does not incur
liability for anything done or omitted to be done in good faith by the State,
officer, employee or agent—
(a) in the exercise of a power or the discharge of a duty under
section 27; or
(b) in the reasonable belief that the act or omission was in the exercise
of a power or the discharge of a duty under
section 27.
29—Registrar-General may refuse to exercise
functions
(1) The
Registrar-General may refuse to exercise a function under this Act during the
pre-PPS transitional period.
(2) Without limiting
subsection (1),
the Registrar-General may refuse to exercise a function during the pre-PPS
transitional period in relation to a matter that was not finally determined or
concluded immediately before the commencement of that period.
(3) In this section—
migration time has the same meaning as in the PPS
Act;
pre-PPS transitional period means the period—
(a) commencing at the migration time or such earlier time as may be
prescribed by the regulations; and
(b) ending at the registration commencement time.
30—Registrar-General may dispose of certain
documents
The Registrar-General may, following the registration commencement time,
destroy or otherwise dispose of any stock mortgage or agreement conferring a
preferable lien on wool kept in the Registrar-General's office, or any document
or record kept in connection with such a mortgage or agreement, if, in the
opinion of the Registrar-General, retention of the mortgage, lien or other
document or record would serve no useful purpose.
31—Regulations
The Governor may make regulations containing provisions of a savings or
transitional nature—
(a) consequent on the enactment of the Personal
Property Securities (Commonwealth Powers) Act 2009 or on the
commencement of specified provisions of that Act; or
(b) relevant to the interaction between this Act and the PPS
Act.
Part 6—Repeal of Act
32—Repeal of Act
(1) After the
registration commencement time, the Governor may, by proclamation, fix a date
for the repeal of this Act.
(2) On the date fixed under
subsection (1),
this Act is repealed.
Part 23—Amendment
of Unclaimed Goods
Act 1987
63—Amendment
of section 8—Proceeds of sale
Section 8(2)—delete subsection (2) and substitute:
(2) If the Treasurer is satisfied that a person—
(a) had, prior to the sale, an interest in goods sold under this Act;
or
(b) has, after the sale, an interest in the proceeds of the sale of goods
under this Act,
the Treasurer may pay to that person the whole or any part of the balance
paid to the Treasurer in respect of the sale of those goods under
subsection (1)(b).
Part 24—Amendment
of Wilderness Protection
Act 1992
64—Amendment
of section 28—Control and administration of wilderness protection areas
and zones
Section 28—after subsection (4) insert:
(5) A licence granted under this section cannot be transferred or
otherwise dealt with without the consent of the Minister.
65—Amendment
of section 33—Prohibited areas
Section 33—after subsection (6) insert:
(7) A permit issued by the Minister under this section is not
transferable.
Part 25—Amendment
of Worker's Liens
Act 1893
After section 9B insert:
9C—Application of Personal Property Securities
Act
Section 73(2) of the Personal Property Securities Act 2009 of
the Commonwealth applies to an interest in property that arises by being
created, arising or being provided for under this Act.