Personal Property Securities Regulations 2010

For paragraph (b) of item 4 of the table in subsection 153(1) of the Act:

the following classes of collateral, when described as consumer property, must be described by serial number:

aircraft;

intangible property that is:

a design; or

a patent; or

a plant breeder’s right; or

a trade mark; or

a licence over any intangible property mentioned in sub‑subparagraphs (A) to (D).

motor vehicles;

watercraft; and

aircraft that is an aircraft engine, airframe, helicopter or small aircraft, when described as commercial property, must be described by serial number; and

the following classes of collateral, when described as commercial property, may be described by serial number:

motor vehicles;

watercraft;

intangible property that is:

a design; or

a patent; or

a plant breeder’s right; or

a trade mark; or

a licence over any intangible property mentioned in sub‑subparagraphs (A) to (D).

If sub‑subparagraph (1)(a)(ii)(E) or (1)(c) (iii)(E) applies, the licence must be described by the serial number of the right for which the licence is given.

For paragraph (b) of item 4 of the table in subsection 153(1) of the Act, a description of collateral by serial number must include the following information:

for an aircraft that is an aircraft engine, airframe or helicopter:

the manufacturer’s number; and

the manufacturer’s name; and

the manufacturer’s generic model designator;

for a small aircraft—the nationality and registration marks assigned to it under the Chicago Convention;

for a motor vehicle:

the vehicle identification number; or

if it has no vehicle identification number but has a chassis number—the chassis number; or

if it has no vehicle identification number or chassis number—the manufacturer’s number;

for watercraft:

the official number; or

if it does not have an official number—the hull identification number; or

if it is an outboard motor for regulation 1.6—the manufacturer’s number;

for a design:

the design number issued by IP Australia; or

if it does not have a design number—the design application number issued by IP Australia;

for a patent:

the patent number issued by IP Australia; or

if it does not have a patent number—the patent application number issued by IP Australia; or

if it does not have a patent number or a patent application number—a PCT number;

for a plant breeder’s right:

the plant breeder’s right number issued by IP Australia; or

if it does not have a plant breeder’s right number—the plant breeder’s right application number issued by IP Australia;

for a trade mark:

the trade mark number issued by IP Australia; or

if it does not have a trade mark number—the trade mark application number issued by IP Australia.

In this clause:

an international application number, issued under paragraph 30(2)(b) of the Patent Cooperation Treaty done at Washington 19 June 1970, amended on 2 October 1979 and modified on 3 February 1984 and 3 October 2001; or

if there is no international application number—an international publication number issued by the World Intellectual Property Organization.