References to charges and fixed and floating charges
22A References to charges and fixed and floating charges
This clause applies in relation to a reference in an Act or statutory rule to a charge, a fixed charge, or a floating charge, over property, but only to the extent that:
the charge referred to has attached to personal property, and
title to the personal property to which the charge has attached is in the grantor, and
the charge is a security interest to which the PPS Act applies.
However, this clause does not apply to:
a reference to a charge, a fixed charge, or a floating charge, if the charge referred to is a perfected security interest that is provided for by a transfer of an account or chattel paper, or
any other reference (or any reference belonging to a class) prescribed by the regulations.
On and from the registration commencement time:
a reference to a charge over property is taken to be a reference to a security interest that has attached to:
a circulating asset, or
personal property that is not a circulating asset, and
a reference to a fixed charge over property is taken to be a reference to a security interest that has attached to personal property that is not a circulating asset, and
a reference to a floating charge over property is taken to be a reference to a security interest that has attached to a circulating asset.
Any word or expression used in this clause that is defined in the PPS Act has the same meaning as in that Act.
This Act’s bill:Explanatory memorandumSecond reading speech
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