Prohibited registration
5.4 Prohibited registration
For paragraph 150(3)(d) of the Act, the following registrations are prohibited:
a registration of a financing statement or a financing change statement for a motor vehicle mentioned in paragraph 5.3(1)(a), if the application for registration is made by a person other than:
a police commissioner; or
a person authorised to register personal property on a transitional register; or
a person authorised by a relevant agency to register data in relation to prescribed property;
a registration of a financing statement or a financing change statement for personal property mentioned in paragraph 5.3(1)(b), if the application for registration is made by a person other than:
a proceeds of crime authorised person; or
a person authorised to register personal property on a transitional register; or
a person authorised by a relevant agency to register data in relation to prescribed property;
a registration of a financing statement or a financing change statement for personal property that is subject to an order of a court or tribunal (however described) mentioned in paragraph 5.3(1)(c), if the application for registration is made by a person other than:
the person who applied for the order; or
if the order was made on the court’s own initiative—the person in whose favour the order is made;
a registration of a financing statement or a financing change statement for personal property that is mentioned in paragraph 5.3(1)(d), if the application for registration is made by a person other than:
a person authorised to register personal property on a transitional register; or
a person authorised by a relevant agency to register data in relation to prescribed property;
a registration of a financing statement or a financing change statement for property prescribed under paragraph 148(c) of the Act, if the registration is in relation to a security interest in the property.
In this regulation:
court order does not include an order made under a proceeds of crime law.
police commissioner means:
the Commissioner of the Australian Federal Police; or
the head (however described) of the police force or service of a State or Territory.
proceeds of crime authorised person means:
an appropriate officer under the Proceeds of Crime Act 1987; or
an authorised officer under the Proceeds of Crime Act 2002; or
an authorised person (however described) under a law of a State or Territory that is a corresponding law within the meaning of the Proceeds of Crime Act 2002, whose duties correspond to the duties of an authorised officer under that Act.
proceeds of crime law means:
the Mutual Assistance in Criminal Matters Act 1987; or
the Proceeds of Crime Act 1987; or
the Proceeds of Crime Act 2002; or
a law of a State or Territory that is a corresponding law within the meaning of the Proceeds of Crime Act 2002.
relevant agency means an agency that administers:
a law of the Commonwealth, a State or a Territory that establishes a transitional register; or
any other law of the Commonwealth, a State or a Territory that provides for registration of personal property on a transitional register.
This Act’s bill:Explanatory statement
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