Personal Property Securities (Ancillary Provisions) Act 2010

This Act may be cited as the Personal Property Securities (Ancillary Provisions) Act 2010.

This Act, other than sections 3 and 4 and chapter 2, part 1, commences on a date to be fixed by proclamation.

The purpose of this Act is to enact ancillary provisions, including transitional provisions, relating to the enactment of the Personal Property Securities Act 2009 (Cwlth).

In this Act—

account has the meaning given by the PPS Act, section 10.

application closing time, for an application under a Queensland register Act, means—

if the application is made online—

5.00pm on the last business day immediately before the registration commencement time; or

an earlier day prescribed by regulation; or

if the application is made on paper—

5.00pm on the day before the last business day immediately before the registration commencement time; or

an earlier day prescribed by regulation.

attaches, in relation to a security interest, has the meaning given by the PPS Act, section 19.

chattel paper has the meaning given by the PPS Act, section 10.

circulating asset has the meaning given by the PPS Act, section 340.

grantor has the meaning given by the PPS Act, section 10.

perfected, in relation to a security interest, has the meaning given by the PPS Act, section 21.

personal property has the meaning given by the PPS Act, section 10.

PPS Act means the Personal Property Securities Act 2009 (Cwlth).

PPS register means the Personal Property Securities Register under the PPS Act.

PPS registrar means the Registrar of Personal Property Securities under the PPS Act.

Queensland register means any of the following—

the register of security interests kept under the Bills of Sale and Other Instruments Act 1955;

the register of cooperative charges kept under the Cooperatives Act 1997;

the register of liens kept under the Liens on Crops of Sugar Cane Act 1931;

the register of security interests kept under the Motor Vehicles and Boats Securities Act 1986.

Queensland register Act means any of the following—

the Bills of Sale and Other Instruments Act 1955;

the Cooperatives Act 1997;

the Liens on Crops of Sugar Cane Act 1931;

the Motor Vehicles and Boats Securities Act 1986.

registration commencement time has the meaning given by the PPS Act, section 306.

security interest has the meaning given by the PPS Act, section 12.

This section applies to a reference in an Act or other document to a charge, fixed charge or floating charge over property, but only to the extent that—

the charge referred to is attached to personal property; and

title in the personal property to which the charge is attached is in the grantor; and

the charge is a security interest to which the PPS Act applies.

However, this section 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 class of reference, prescribed under a regulation, to a charge, fixed charge or floating charge.

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 is 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 is 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 is attached to a circulating asset.

The chief executive is authorised to give the Commonwealth, the PPS registrar or any other officer of the Commonwealth information recorded in, or concerning the use of, a Queensland register that the chief executive considers appropriate in order to assist the PPS registrar to establish the PPS register.

The chief executive may give the information in whatever form the chief executive considers appropriate including by means of electronic data or in an approved form under the PPS Act.

This section applies despite any other Act or law.

An official does not incur civil liability for an act done, or omission made, honestly and without negligence in relation to the giving of information under section 6.

If subsection (1) prevents a civil liability attaching to an official, liability attaches instead to the State.

In this section—

official means—

the chief executive; or

an officer or employee of the department; or

a public service employee to whom the chief executive delegated powers under a Queensland register Act.

The chief executive may delegate the chief executive’s powers under this Act to an appropriately qualified officer or employee of the department.

In this section—

appropriately qualified includes having the qualifications, experience or standing appropriate to exercise the power.

The Governor in Council may make regulations under this Act.

Without limiting subsection (1), a regulation may be made about the fees payable under this Act and the matters for which the fees are payable.

A proceeding relating to a matter arising under the provisions of a Queensland register Act that was commenced before the commencement of this part, but was not finally decided as at the commencement, may continue to be dealt with or otherwise decided as if those provisions had not been repealed.

This section applies if a person is alleged to have committed an offence against a Queensland register Act before the commencement of this part.

Despite the Criminal Code, section 11, a proceeding for the offence may be started or continued, and the court may hear and decide the proceeding, as if this Act, other than this section, had not commenced.

The Bills of Sale and Other Instruments Act 1955, No. 16 is repealed.