Personal Property Securities (Consequential Amendments) Act 2009
No. 131, 2009
An Act to deal with consequential matters arising from the enactment of the Personal Property Securities Act 2009, to amend that Act, and for related purposes
Note: An electronic version of this Act is available in ComLaw (http://www.comlaw.gov.au/)
Contents
1 Short title...........................................................................................1 2 Commencement.................................................................................2 3 Schedule(s)........................................................................................4
Schedule 1—Fisheries legislation 5 Fisheries Management Act 1991 5 Torres Strait Fisheries Act 1984 11 Schedule 2—Intellectual property legislation 14 Designs Act 2003 14 Patents Act 1990 16 Plant Breeder’s Rights Act 1994 18 Trade Marks Act 1995 18 Schedule 3—Maritime legislation 22 Admiralty Act 1988 22 Marine Navigation Levy Collection Act 1989 22 Marine Navigation (Regulatory Functions) Levy Collection Act 1991 22 Navigation Act 1912 22 Protection of the Sea (Civil Liability) Act 1981 24 Protection of the Sea (Harmful Anti-fouling Systems) Act 2006 25 Protection of the Sea (Prevention of Pollution from Ships) Act 1983 25 Protection of the Sea (Shipping Levy Collection) Act 1981 25 Shipping Registration Act 1981 25 Schedule 4—Personal Property Securities Act 2009 31 Schedule 5—Other legislation 45 Air Services Act 1995 45 Bankruptcy Act 1966 46 Commonwealth Inscribed Stock Act 1911 48 Corporations (Aboriginal and Torres Strait Islander) Act 2006 49 Health Insurance Act 1973 50 Insurance Act 1973 51 Privacy Act 1988 51
Quarantine Act 1908 53 Wool International Act 1993 54
Personal Property Securities (Consequential Amendments) Act 2009
No. 131, 2009
An Act to deal with consequential matters arising from the enactment of the Personal Property Securities Act 2009, to amend that Act, and for related purposes
[Assented to 14 December 2009]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Personal Property Securities (Consequential Amendments) Act 2009.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information Column 1 | Column 2 | Column 3 |
Provision(s) | Commencement | Date/Details |
1. Schedules 1, 2 and 3 | The registration commencement time within the meaning of section 306 of the Personal Property Securities Act 2009. | |
| However, the provision(s) do not commence at all if the Personal Property Securities Act 2009 does not commence. | |
2. Schedule 4, | The later of: | 15 December |
items 1 to 7 | (a) the start of the day this Act receives the Royal Assent; and (b) immediately after the commencement of the Personal Property Securities Act 2009. | 2009 (paragraph (b) applies) |
| However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur. | |
3. Schedule 4, item 8 | The latest of: (a) the start of the day this Act receives the Royal Assent; and | 1 April 2010 (paragraph (c) applies) |
| (b) immediately after the commencement of the Personal Property Securities Act 2009; and | |
| (c) the start of the day on which section 3 of the National Consumer Credit Protection | |
| Act 2009 commences. | |
| However, the provision(s) do not commence at all if either of the events mentioned in | |
| paragraphs (b) and (c) does not occur. | |
4. Schedule 4, | The later of: | 15 December |
items 9 to 35 | (a) the start of the day this Act receives the | 2009 |
| Royal Assent; and | (paragraph (b) |
Commencement information |
Column 1 | Column 2 | Column 3 |
Provision(s) | Commencement (b) immediately after the commencement of the Personal Property Securities Act 2009. However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur. | Date/Details applies) |
- Schedule 4, item 36
- Schedule 4, items 37 to 64
The latest of: - (a)
- the start of the day this Act receives the Royal Assent; and
- (b)
- immediately after the commencement of the Personal Property Securities Act 2009; and
- (c)
- the start of the day on which section 3 of the National Consumer Credit Protection Act 2009 commences.
However, the provision(s) do not commence at all if either of the events mentioned in paragraphs (b) and (c) does not occur.
The later of: - (a)
- the start of the day this Act receives the Royal Assent; and
- (b)
- immediately after the commencement of the Personal Property Securities Act 2009.
However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur.
1 April 2010 (paragraph (c) applies)
15 December
2009 (paragraph (b) applies)
7. Schedule 5, items 1 to 18
The registration commencement time within the meaning of section 306 of the Personal Property Securities Act 2009.
However, the provision(s) do not commence at all if the Personal Property Securities Act 2009 does not commence.
8. Schedule 5, The later of: 15 December
items 19 and 20 (a) the start of the day this Act receives the 2009 Royal Assent; and (paragraph (b)
(b) immediately after the commencement of applies)
Commencement information Column 1 | Column 2 | Column 3 |
Provision(s) | Commencement the Personal Property Securities Act 2009. | Date/Details |
| However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. | |
9. Schedule 5, items 21 to 50 | The registration commencement time within the meaning of section 306 of the Personal Property Securities Act 2009. | |
| However, the provision(s) do not commence at all if the Personal Property Securities Act 2009 does not commence. | |
Note: This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.
3 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Fisheries legislation
Fisheries Management Act 1991
1 Subsection 4(1)
Insert:
PPSA security interest (short for Personal Property Securities Act security interest) means: - (a)
- a security interest within the meaning of the Personal Property Securities Act 2009 and to which that Act applies (other than a transitional security interest within the meaning of that Act); or
- (b)
- a transitional security interest within the meaning of that Act, and to which Division 4 of Part 9.4 of that Act applies.
Note 1: The Personal Property Securities Act 2009 applies to certain security interests in personal property. See the following provisions of that Act: - (a)
- section 8 (interests to which the Act does not apply);
- (b)
- section 12 (meaning of security interest);
- (c)
- Chapter 9 (transitional provisions).
Note 2: For the meaning of transitional security interest, see section 308 of the Personal Property Securities Act 2009. Division 4 of Part 9.4 of that Act applies to transitional security interests in situations including the bankruptcy or insolvency of a secured party, grantor or debtor.
2 Subsection 4(1)
Insert:
statutory fishing rights option has the meaning given by
section 31A.
3 Subsection 31A(1)
Omit “statutory fishing rights option”, substitute “statutory fishing rights option”.
4 Subsection 31A(4)
Omit “statutory fishing rights option”, substitute “statutory fishing rights option”.
5 At the end of subsection 31F(1)
Add “, other than an interest that is a PPSA security interest”.
Note 1: The heading to section 31F is altered by omitting “Creation etc. of interests” and substituting “Registration of dealings”.
Note 2: The following heading to subsection 31F(1) is inserted “Scope”.
Note 3: The following heading to subsection 31F(2) is inserted “Registration of dealings”.
Note 4: The following heading to subsection 31F(6) is inserted “Partial assignment of statutory fishing rights options”.
Note 5: The following heading to subsection 31F(7) is inserted “Refusal to register dealings”.
Note 6: The following heading to subsection 31F(8) is inserted “