Personal Property Securities (Commonwealth Laws) Act 2011

In this section —

the Criminal Property Confiscation Act 2000;

the Land Administration Act 1997;

the Local Government Act 1995;

the Rail Safety National Law (WA);

the Residential Parks (Long‑stay Tenants) Act 2006;

the Residential Tenancies Act 1987;

the Shipping and Pilotage Act 1967;

the Warehousemen’s Liens Act 1952;

the Western Australian Marine Act 1982 sections 61 to 63C;

an Act or subsidiary legislation (or a provision of an Act or subsidiary legislation) that is prescribed by the regulations to be a relevant State property law.

On and from the registration commencement time (but subject to this section and the regulations), a person may not take action to enforce a PPS security interest in personal property or otherwise deal with the interest or property —

if the action or dealing is (or would be) inconsistent with a relevant State property law (or an order made under such a law) that —

requires, authorises or permits the property to be dealt with in a particular manner (including by disposing of the property whether by sale, destruction or any other means); or

prohibits or prevents the property being dealt with in a particular manner or places other limitations or restrictions on how the property may be dealt with;

if the action or dealing would operate to prevent, impede or defeat the making of an application to a court, tribunal or any other person or body under a relevant State property law with respect to how the property is to be dealt with; or

in such other circumstances as may be prescribed by the regulations.

This section does not —

affect the meaning or operation of a relevant State property law in its application to interests other than PPS security interests; or

affect the meaning or operation of a relevant State property law to the extent that the law would (even if subsection (2) had not been enacted) be capable of operating according to its tenor because it is —

a law of the State capable of operating concurrently with the Commonwealth PPS Act; or

a law of the State that makes provision for a matter mentioned in the Commonwealth PPS Act section 245(2)(a), (b) or (c); or

a law of the State the effect of which is covered by the Commonwealth PPS Act section 258(2);

prevent the enforcement of, or other dealings with, a PPS security interest —

by the State or an instrumentality or other agency of the State; or

by any other person (or person belonging to a class of persons) prescribed by the regulations.