{"id":"qld:act-2010-044","name":"Personal Property Securities (Ancillary Provisions) Act 2010","slug":"personal-property-securities-ancillary-provisions-act-2010","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"44 of 2010","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29826,"registerId":"qld-act-2010-044-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"ch.2-pt.1","sectionType":"part","heading":"General","content":"# General","sortOrder":0},{"sectionNumber":"sec.6","sectionType":"section","heading":"Giving of information to PPS registrar","content":"### sec.6 Giving of information to PPS registrar\n\nThe 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.\nThe 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 .\nThis section applies despite any other Act or law.\n(sec.6-ssec.1) 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.\n(sec.6-ssec.2) 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 .\n(sec.6-ssec.3) This section applies despite any other Act or law.","sortOrder":1},{"sectionNumber":"sec.7","sectionType":"section","heading":"Protection from liability","content":"### sec.7 Protection from liability\n\nAn 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 .\nIf subsection (1) prevents a civil liability attaching to an official, liability attaches instead to the State.\nIn this section—\nofficial means—\nthe chief executive; or\nan officer or employee of the department; or\na public service employee to whom the chief executive delegated powers under a Queensland register Act.\n(sec.7-ssec.1) 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 .\n(sec.7-ssec.2) If subsection (1) prevents a civil liability attaching to an official, liability attaches instead to the State.\n(sec.7-ssec.3) 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.\n- (a) the chief executive; or\n- (b) an officer or employee of the department; or\n- (c) a public service employee to whom the chief executive delegated powers under a Queensland register Act.","sortOrder":2},{"sectionNumber":"sec.8","sectionType":"section","heading":"Delegation","content":"### sec.8 Delegation\n\nThe chief executive may delegate the chief executive’s powers under this Act to an appropriately qualified officer or employee of the department.\nIn this section—\nappropriately qualified includes having the qualifications, experience or standing appropriate to exercise the power.\n(sec.8-ssec.1) The chief executive may delegate the chief executive’s powers under this Act to an appropriately qualified officer or employee of the department.\n(sec.8-ssec.2) In this section— appropriately qualified includes having the qualifications, experience or standing appropriate to exercise the power.","sortOrder":3},{"sectionNumber":"sec.9","sectionType":"section","heading":"Regulation-making power","content":"### sec.9 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\nWithout limiting subsection (1) , a regulation may be made about the fees payable under this Act and the matters for which the fees are payable.\n(sec.9-ssec.1) The Governor in Council may make regulations under this Act.\n(sec.9-ssec.2) 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.","sortOrder":4},{"sectionNumber":"ch.2-pt.2","sectionType":"part","heading":"Transitional provisions","content":"# Transitional provisions","sortOrder":5},{"sectionNumber":"sec.10","sectionType":"section","heading":"Proceedings","content":"### sec.10 Proceedings\n\nA 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.","sortOrder":6},{"sectionNumber":"sec.11","sectionType":"section","heading":"Offences","content":"### sec.11 Offences\n\nThis section applies if a person is alleged to have committed an offence against a Queensland register Act before the commencement of this part.\nDespite 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.\n(sec.11-ssec.1) This section applies if a person is alleged to have committed an offence against a Queensland register Act before the commencement of this part.\n(sec.11-ssec.2) 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.","sortOrder":7},{"sectionNumber":"ch.3-pt.1","sectionType":"part","heading":"Bills of Sale and Other Instruments Act 1955","content":"# Bills of Sale and Other Instruments Act 1955","sortOrder":8},{"sectionNumber":"ch.3-pt.1-div.1","sectionType":"division","heading":"Repeal","content":"## Repeal","sortOrder":9},{"sectionNumber":"sec.12","sectionType":"section","heading":"Repeal","content":"### sec.12 Repeal\n\nThe Bills of Sale and Other Instruments Act 1955 , No. 16 is repealed.","sortOrder":10},{"sectionNumber":"ch.3-pt.1-div.2","sectionType":"division","heading":"Transitional provisions","content":"## Transitional provisions","sortOrder":11},{"sectionNumber":"sec.13","sectionType":"section","heading":"Definitions for div 2","content":"### sec.13 Definitions for div 2\n\nIn this division—\nexisting Act means the Bills of Sale and Other Instruments Act 1955 as in force immediately before its repeal.\nrepeal means repeal of the existing Act.","sortOrder":12},{"sectionNumber":"sec.14","sectionType":"section","heading":"Words have meanings given by existing Act","content":"### sec.14 Words have meanings given by existing Act\n\nA word used in this division and defined under the existing Act has the same meaning as it had under the existing Act.","sortOrder":13},{"sectionNumber":"sec.15","sectionType":"section","heading":"Continuing of provisions of existing Act","content":"### sec.15 Continuing of provisions of existing Act\n\nIf, despite the repeal, a provision of the existing Act (the primary provision ) is continued in effect for a purpose under this division, any other provision of the existing Act (a related provision ) mentioned in the primary provision is also continued in effect to the extent necessary for the purposes of the continued application of the primary provision.","sortOrder":14},{"sectionNumber":"sec.16","sectionType":"section","heading":"Applications for registration or renewal of registration of security interests","content":"### sec.16 Applications for registration or renewal of registration of security interests\n\nThis section applies if, after the application closing time, the chief executive receives an application for the registration, or renewal of registration, of a security interest.\nDespite sections 9 , 10 and 11 of the existing Act, the chief executive—\ncan not deal with the application after the application closing time; and\nmust refund any fee that accompanied the application.\n(sec.16-ssec.1) This section applies if, after the application closing time, the chief executive receives an application for the registration, or renewal of registration, of a security interest.\n(sec.16-ssec.2) Despite sections 9 , 10 and 11 of the existing Act, the chief executive— can not deal with the application after the application closing time; and must refund any fee that accompanied the application.\n- (a) can not deal with the application after the application closing time; and\n- (b) must refund any fee that accompanied the application.","sortOrder":15},{"sectionNumber":"sec.17","sectionType":"section","heading":"Inspection of register","content":"### sec.17 Inspection of register\n\nDespite the repeal, section 13 of the existing Act continues to apply for a period of 2 years after the repeal in relation to particulars included in the former register in the period starting 7 years before the repeal and ending at the repeal.\nA regulation may prescribe a fee for inspecting the former register.\nThe chief executive must keep a copy of the information contained in the former register, as it existed immediately before the repeal, for 7 years after the repeal.\nFor section 13 (1) (a) of the existing Act, the offices of the department at the following places are offices where the register may be inspected—\nBrisbane;\nCairns;\nMackay;\nMaroochydore;\nRockhampton;\nSouthport;\nTownsville.\nIn this section—\nformer register means the register of security interests required to be kept under section 8 of the existing Act.\n(sec.17-ssec.1) Despite the repeal, section 13 of the existing Act continues to apply for a period of 2 years after the repeal in relation to particulars included in the former register in the period starting 7 years before the repeal and ending at the repeal.\n(sec.17-ssec.2) A regulation may prescribe a fee for inspecting the former register.\n(sec.17-ssec.3) The chief executive must keep a copy of the information contained in the former register, as it existed immediately before the repeal, for 7 years after the repeal.\n(sec.17-ssec.4) For section 13 (1) (a) of the existing Act, the offices of the department at the following places are offices where the register may be inspected— Brisbane; Cairns; Mackay; Maroochydore; Rockhampton; Southport; Townsville.\n(sec.17-ssec.5) In this section— former register means the register of security interests required to be kept under section 8 of the existing Act.\n- (a) Brisbane;\n- (b) Cairns;\n- (c) Mackay;\n- (d) Maroochydore;\n- (e) Rockhampton;\n- (f) Southport;\n- (g) Townsville.","sortOrder":16},{"sectionNumber":"sec.18","sectionType":"section","heading":"Requests for registration of confiscation orders","content":"### sec.18 Requests for registration of confiscation orders\n\nThis section applies if, after the application closing time, the chief executive receives a request for the registration of a confiscation order in relation to chattels of a person or creating a charge over the chattels of a person.\nDespite section 15 of the existing Act, the chief executive can not deal with the request after the application closing time.\n(sec.18-ssec.1) This section applies if, after the application closing time, the chief executive receives a request for the registration of a confiscation order in relation to chattels of a person or creating a charge over the chattels of a person.\n(sec.18-ssec.2) Despite section 15 of the existing Act, the chief executive can not deal with the request after the application closing time.","sortOrder":17},{"sectionNumber":"sec.19","sectionType":"section","heading":"Applications for registration of assignments of registered security interests","content":"### sec.19 Applications for registration of assignments of registered security interests\n\nThis section applies if, after the application closing time, the chief executive receives an application for the registration of an assignment of a registered security interest.\nDespite sections 16 and 17 of the existing Act, the chief executive—\ncan not deal with the application after the application closing time; and\nmust refund any fee that accompanied the application.\n(sec.19-ssec.1) This section applies if, after the application closing time, the chief executive receives an application for the registration of an assignment of a registered security interest.\n(sec.19-ssec.2) Despite sections 16 and 17 of the existing Act, the chief executive— can not deal with the application after the application closing time; and must refund any fee that accompanied the application.\n- (a) can not deal with the application after the application closing time; and\n- (b) must refund any fee that accompanied the application.","sortOrder":18},{"sectionNumber":"sec.20","sectionType":"section","heading":"Applications for discharge of registered security interests","content":"### sec.20 Applications for discharge of registered security interests\n\nThis section applies if, after the application closing time, the chief executive receives an application for the full or partial discharge of a registered security interest.\nDespite sections 18C and 18D of the existing Act, the chief executive—\ncan not deal with the application after the application closing time; and\nmust refund any fee that accompanied the application.\n(sec.20-ssec.1) This section applies if, after the application closing time, the chief executive receives an application for the full or partial discharge of a registered security interest.\n(sec.20-ssec.2) Despite sections 18C and 18D of the existing Act, the chief executive— can not deal with the application after the application closing time; and must refund any fee that accompanied the application.\n- (a) can not deal with the application after the application closing time; and\n- (b) must refund any fee that accompanied the application.","sortOrder":19},{"sectionNumber":"sec.21","sectionType":"section","heading":"Requests to register discharge or change in particulars","content":"### sec.21 Requests to register discharge or change in particulars\n\nThis section applies if—\nbefore the repeal, the borrower in relation to a registered security interest made a request to the lender under section 18F (1) of the existing Act in relation to the security interest; and\nat the time of the repeal, the lender had not complied with section 18F (2) of the existing Act in relation to the request.\nDespite the repeal, section 18F continues to apply to the request.\nHowever, subsection (4) applies if the lender—\nhas been given a notice under section 18F (4) ; and\nhas not complied with section 18F (5) (a) or (b) before the end of the notice period.\nThe chief executive must ask the PPS registrar to, in accordance with the request under section 18F (1) —\nregister the discharge in the PPS register; or\nchange the particulars included in the PPS register.\n(sec.21-ssec.1) This section applies if— before the repeal, the borrower in relation to a registered security interest made a request to the lender under section 18F (1) of the existing Act in relation to the security interest; and at the time of the repeal, the lender had not complied with section 18F (2) of the existing Act in relation to the request.\n(sec.21-ssec.2) Despite the repeal, section 18F continues to apply to the request.\n(sec.21-ssec.3) However, subsection (4) applies if the lender— has been given a notice under section 18F (4) ; and has not complied with section 18F (5) (a) or (b) before the end of the notice period.\n(sec.21-ssec.4) The chief executive must ask the PPS registrar to, in accordance with the request under section 18F (1) — register the discharge in the PPS register; or change the particulars included in the PPS register.\n- (a) before the repeal, the borrower in relation to a registered security interest made a request to the lender under section 18F (1) of the existing Act in relation to the security interest; and\n- (b) at the time of the repeal, the lender had not complied with section 18F (2) of the existing Act in relation to the request.\n- (a) has been given a notice under section 18F (4) ; and\n- (b) has not complied with section 18F (5) (a) or (b) before the end of the notice period.\n- (a) register the discharge in the PPS register; or\n- (b) change the particulars included in the PPS register.","sortOrder":20},{"sectionNumber":"sec.22","sectionType":"section","heading":"Applications to change particulars in register","content":"### sec.22 Applications to change particulars in register\n\nThis section applies if, after the application closing time, the chief executive receives an application to change stated particulars included in the register in relation to an interest.\nDespite section 18G of the existing Act, the chief executive—\ncan not deal with the application after the application closing time; and\nmust refund any fee that accompanied the application.\n(sec.22-ssec.1) This section applies if, after the application closing time, the chief executive receives an application to change stated particulars included in the register in relation to an interest.\n(sec.22-ssec.2) Despite section 18G of the existing Act, the chief executive— can not deal with the application after the application closing time; and must refund any fee that accompanied the application.\n- (a) can not deal with the application after the application closing time; and\n- (b) must refund any fee that accompanied the application.","sortOrder":21},{"sectionNumber":"sec.23","sectionType":"section","heading":"Removal of particulars of improperly registered interests","content":"### sec.23 Removal of particulars of improperly registered interests\n\nThis section applies if—\nbefore the repeal, the chief executive gave a notice under section 18I (2) of the existing Act to a person who appeared to the chief executive to be the lender under an interest; and\nat the time of the repeal, the person had not complied with the requirement in the notice.\nDespite the repeal, section 18I continues to apply to the registration of the interest.\nHowever, subsection (4) applies if the person—\nhas been given a notice under section 18I (6) ; and\nhas not complied with section 18I (7) (a) or (b) before the end of the notice period.\nThe chief executive must ask the PPS registrar to remove the particulars in relation to the interest from the PPS register.\n(sec.23-ssec.1) This section applies if— before the repeal, the chief executive gave a notice under section 18I (2) of the existing Act to a person who appeared to the chief executive to be the lender under an interest; and at the time of the repeal, the person had not complied with the requirement in the notice.\n(sec.23-ssec.2) Despite the repeal, section 18I continues to apply to the registration of the interest.\n(sec.23-ssec.3) However, subsection (4) applies if the person— has been given a notice under section 18I (6) ; and has not complied with section 18I (7) (a) or (b) before the end of the notice period.\n(sec.23-ssec.4) The chief executive must ask the PPS registrar to remove the particulars in relation to the interest from the PPS register.\n- (a) before the repeal, the chief executive gave a notice under section 18I (2) of the existing Act to a person who appeared to the chief executive to be the lender under an interest; and\n- (b) at the time of the repeal, the person had not complied with the requirement in the notice.\n- (a) has been given a notice under section 18I (6) ; and\n- (b) has not complied with section 18I (7) (a) or (b) before the end of the notice period.","sortOrder":22},{"sectionNumber":"sec.24","sectionType":"section","heading":"Applications for compensation for loss","content":"### sec.24 Applications for compensation for loss\n\nThis section applies if a person suffers loss because an act or omission mentioned in section 18J of the existing Act was done or made before the repeal.\nDespite the repeal, the person may apply for payment of compensation under section 18K of the existing Act.\n(sec.24-ssec.1) This section applies if a person suffers loss because an act or omission mentioned in section 18J of the existing Act was done or made before the repeal.\n(sec.24-ssec.2) Despite the repeal, the person may apply for payment of compensation under section 18K of the existing Act.","sortOrder":23},{"sectionNumber":"sec.25","sectionType":"section","heading":"Protection from liability","content":"### sec.25 Protection from liability\n\nAn official continues to incur no civil liability after the repeal for an act done, or omission made, honestly and without negligence in the performance or purported performance of functions under the existing Act if—\nthe act was done or the omission was made before the repeal; or\nthe act was done or the omission was made after the repeal in relation to a matter that was authorised to be done under this division after the repeal.\nIf subsection (1) prevents a civil liability attaching to an official, liability attaches instead to the State.\n(sec.25-ssec.1) An official continues to incur no civil liability after the repeal for an act done, or omission made, honestly and without negligence in the performance or purported performance of functions under the existing Act if— the act was done or the omission was made before the repeal; or the act was done or the omission was made after the repeal in relation to a matter that was authorised to be done under this division after the repeal.\n(sec.25-ssec.2) If subsection (1) prevents a civil liability attaching to an official, liability attaches instead to the State.\n- (a) the act was done or the omission was made before the repeal; or\n- (b) the act was done or the omission was made after the repeal in relation to a matter that was authorised to be done under this division after the repeal.","sortOrder":24},{"sectionNumber":"sec.26","sectionType":"section","heading":"Delegations","content":"### sec.26 Delegations\n\nThe chief executive may delegate, to an appropriately qualified public service employee, the chief executive’s powers under a provision of the existing Act that continues, under this division, to have effect after the repeal.\nA delegation that was in force immediately before the repeal in relation to a provision of the existing Act that continues, under this division, to have effect after the repeal continues to have effect as a delegation under this section.\n(sec.26-ssec.1) The chief executive may delegate, to an appropriately qualified public service employee, the chief executive’s powers under a provision of the existing Act that continues, under this division, to have effect after the repeal.\n(sec.26-ssec.2) A delegation that was in force immediately before the repeal in relation to a provision of the existing Act that continues, under this division, to have effect after the repeal continues to have effect as a delegation under this section.","sortOrder":25},{"sectionNumber":"ch.3-pt.3","sectionType":"part","heading":"Liens on Crops of Sugar Cane Act 1931","content":"# Liens on Crops of Sugar Cane Act 1931","sortOrder":26},{"sectionNumber":"ch.3-pt.3-div.1","sectionType":"division","heading":"Repeal","content":"## Repeal","sortOrder":27},{"sectionNumber":"sec.35","sectionType":"section","heading":"Repeal","content":"### sec.35 Repeal\n\nThe Liens on Crops of Sugar Cane Act 1931 , No. 37 is repealed.","sortOrder":28},{"sectionNumber":"ch.3-pt.3-div.2","sectionType":"division","heading":"Transitional provisions","content":"## Transitional provisions","sortOrder":29},{"sectionNumber":"sec.36","sectionType":"section","heading":"Definitions for div 2","content":"### sec.36 Definitions for div 2\n\nIn this division—\nexisting Act means the Liens on Crops of Sugar Cane Act 1931 as in force immediately before its repeal.\nrepeal means repeal of the existing Act.","sortOrder":30},{"sectionNumber":"sec.37","sectionType":"section","heading":"Words have meanings given by existing Act","content":"### sec.37 Words have meanings given by existing Act\n\nA word used in this division and defined under the existing Act has the same meaning as it had under the existing Act.","sortOrder":31},{"sectionNumber":"sec.38","sectionType":"section","heading":"Continuing of provisions of existing Act","content":"### sec.38 Continuing of provisions of existing Act\n\nIf, despite the repeal, a provision of the existing Act (the primary provision ) is continued in effect for a purpose under this division, any other provision of the existing Act (a related provision ) mentioned in the primary provision is also continued in effect to the extent necessary for the purposes of the continued application of the primary provision.","sortOrder":32},{"sectionNumber":"sec.39","sectionType":"section","heading":"Applications for registration or renewal of registration of liens","content":"### sec.39 Applications for registration or renewal of registration of liens\n\nThis section applies if, after the application closing time, the chief executive receives an application for the registration, or renewal of registration, of a lien.\nDespite sections 6 , 7 and 7A of the existing Act, the chief executive—\ncan not deal with the application after the application closing time; and\nmust refund any fee that accompanied the application.\n(sec.39-ssec.1) This section applies if, after the application closing time, the chief executive receives an application for the registration, or renewal of registration, of a lien.\n(sec.39-ssec.2) Despite sections 6 , 7 and 7A of the existing Act, the chief executive— can not deal with the application after the application closing time; and must refund any fee that accompanied the application.\n- (a) can not deal with the application after the application closing time; and\n- (b) must refund any fee that accompanied the application.","sortOrder":33},{"sectionNumber":"sec.40","sectionType":"section","heading":"Inspection of register","content":"### sec.40 Inspection of register\n\nDespite the repeal, section 7C of the existing Act continues to apply for a period of 2 years after the repeal in relation to particulars included in the former register in the period starting 7 years before the repeal and ending at the repeal.\nA regulation may prescribe a fee for inspecting the former register.\nThe chief executive must keep a copy of the information contained in the former register, as it existed immediately before the repeal, for 7 years after the repeal.\nFor section 7C (1) (a) of the existing Act, the offices of the department at the following places are offices where the register may be inspected—\nBrisbane;\nCairns;\nMackay;\nMaroochydore;\nRockhampton;\nSouthport;\nTownsville.\nIn this section—\nformer register means the register of liens required to be kept under section 5 of the existing Act.\n(sec.40-ssec.1) Despite the repeal, section 7C of the existing Act continues to apply for a period of 2 years after the repeal in relation to particulars included in the former register in the period starting 7 years before the repeal and ending at the repeal.\n(sec.40-ssec.2) A regulation may prescribe a fee for inspecting the former register.\n(sec.40-ssec.3) The chief executive must keep a copy of the information contained in the former register, as it existed immediately before the repeal, for 7 years after the repeal.\n(sec.40-ssec.4) For section 7C (1) (a) of the existing Act, the offices of the department at the following places are offices where the register may be inspected— Brisbane; Cairns; Mackay; Maroochydore; Rockhampton; Southport; Townsville.\n(sec.40-ssec.5) In this section— former register means the register of liens required to be kept under section 5 of the existing Act.\n- (a) Brisbane;\n- (b) Cairns;\n- (c) Mackay;\n- (d) Maroochydore;\n- (e) Rockhampton;\n- (f) Southport;\n- (g) Townsville.","sortOrder":34},{"sectionNumber":"sec.41","sectionType":"section","heading":"Requests for registration of confiscation orders","content":"### sec.41 Requests for registration of confiscation orders\n\nThis section applies if, after the application closing time, the chief executive receives a request for the registration of a confiscation order made in relation to a security interest registered under the existing Act or creating a charge over a security interest registered under the existing Act.\nDespite section 7DA of the existing Act, the chief executive can not deal with the request after the application closing time.\n(sec.41-ssec.1) This section applies if, after the application closing time, the chief executive receives a request for the registration of a confiscation order made in relation to a security interest registered under the existing Act or creating a charge over a security interest registered under the existing Act.\n(sec.41-ssec.2) Despite section 7DA of the existing Act, the chief executive can not deal with the request after the application closing time.","sortOrder":35},{"sectionNumber":"sec.42","sectionType":"section","heading":"Applications for registration of assignments of registered liens","content":"### sec.42 Applications for registration of assignments of registered liens\n\nThis section applies if, after the application closing time, the chief executive receives an application for registration of the assignment of a registered lien.\nDespite sections 7E and 7F of the existing Act, the chief executive—\ncan not deal with the application after the application closing time; and\nmust refund any fee that accompanied the application.\n(sec.42-ssec.1) This section applies if, after the application closing time, the chief executive receives an application for registration of the assignment of a registered lien.\n(sec.42-ssec.2) Despite sections 7E and 7F of the existing Act, the chief executive— can not deal with the application after the application closing time; and must refund any fee that accompanied the application.\n- (a) can not deal with the application after the application closing time; and\n- (b) must refund any fee that accompanied the application.","sortOrder":36},{"sectionNumber":"sec.43","sectionType":"section","heading":"Applications for discharge of registered liens","content":"### sec.43 Applications for discharge of registered liens\n\nThis section applies if, after the application closing time, the chief executive receives an application for the full or partial discharge of a registered lien.\nDespite sections 7J and 7K of the existing Act, the chief executive—\ncan not deal with the application after the application closing time; and\nmust refund any fee that accompanied the application.\n(sec.43-ssec.1) This section applies if, after the application closing time, the chief executive receives an application for the full or partial discharge of a registered lien.\n(sec.43-ssec.2) Despite sections 7J and 7K of the existing Act, the chief executive— can not deal with the application after the application closing time; and must refund any fee that accompanied the application.\n- (a) can not deal with the application after the application closing time; and\n- (b) must refund any fee that accompanied the application.","sortOrder":37},{"sectionNumber":"sec.44","sectionType":"section","heading":"Requests to register discharge or change in particulars","content":"### sec.44 Requests to register discharge or change in particulars\n\nThis section applies if—\nbefore the repeal, the lienor of a registered lien makes a request to the lienee under section 7M (1) of the existing Act in relation to the lien; and\nat the time of the repeal, the lienee has not complied with section 7M (2) of the existing Act in relation to the request.\nDespite the repeal, section 7M continues to apply to the request.\nHowever, subsection (4) applies if—\nbefore the repeal, the lienee is given a notice under section 7M (4) ; and\nat the time of the repeal, the lienee has not complied with section 7M (5) (a) or (b) before the end of the notice period.\nThe chief executive must ask the PPS registrar to, in accordance with the request under section 7M (1) —\nregister the discharge in the PPS register; or\nchange the particulars included in the PPS register.\n(sec.44-ssec.1) This section applies if— before the repeal, the lienor of a registered lien makes a request to the lienee under section 7M (1) of the existing Act in relation to the lien; and at the time of the repeal, the lienee has not complied with section 7M (2) of the existing Act in relation to the request.\n(sec.44-ssec.2) Despite the repeal, section 7M continues to apply to the request.\n(sec.44-ssec.3) However, subsection (4) applies if— before the repeal, the lienee is given a notice under section 7M (4) ; and at the time of the repeal, the lienee has not complied with section 7M (5) (a) or (b) before the end of the notice period.\n(sec.44-ssec.4) The chief executive must ask the PPS registrar to, in accordance with the request under section 7M (1) — register the discharge in the PPS register; or change the particulars included in the PPS register.\n- (a) before the repeal, the lienor of a registered lien makes a request to the lienee under section 7M (1) of the existing Act in relation to the lien; and\n- (b) at the time of the repeal, the lienee has not complied with section 7M (2) of the existing Act in relation to the request.\n- (a) before the repeal, the lienee is given a notice under section 7M (4) ; and\n- (b) at the time of the repeal, the lienee has not complied with section 7M (5) (a) or (b) before the end of the notice period.\n- (a) register the discharge in the PPS register; or\n- (b) change the particulars included in the PPS register.","sortOrder":38},{"sectionNumber":"sec.45","sectionType":"section","heading":"Applications to change particulars in register","content":"### sec.45 Applications to change particulars in register\n\nThis section applies if, after the application closing time, the chief executive receives an application to change stated particulars included in the register relating to the lien.\nDespite section 7N of the existing Act, the chief executive—\ncan not deal with the application after the application closing time; and\nmust refund any fee that accompanied the application.\n(sec.45-ssec.1) This section applies if, after the application closing time, the chief executive receives an application to change stated particulars included in the register relating to the lien.\n(sec.45-ssec.2) Despite section 7N of the existing Act, the chief executive— can not deal with the application after the application closing time; and must refund any fee that accompanied the application.\n- (a) can not deal with the application after the application closing time; and\n- (b) must refund any fee that accompanied the application.","sortOrder":39},{"sectionNumber":"sec.46","sectionType":"section","heading":"Applications for compensation for loss","content":"### sec.46 Applications for compensation for loss\n\nThis section applies if a person suffers loss because an act or omission mentioned in section 7P of the existing Act was done or made before the repeal.\nThe person may apply for payment of compensation under section 7Q of the existing Act.\n(sec.46-ssec.1) This section applies if a person suffers loss because an act or omission mentioned in section 7P of the existing Act was done or made before the repeal.\n(sec.46-ssec.2) The person may apply for payment of compensation under section 7Q of the existing Act.","sortOrder":40},{"sectionNumber":"sec.47","sectionType":"section","heading":"Protection from liability","content":"### sec.47 Protection from liability\n\nAn official continues to incur no civil liability after the repeal for an act done, or omission made, honestly and without negligence in the performance or purported performance of functions under the existing Act if—\nthe act was done or the omission was made before the repeal; or\nthe act was done or the omission was made after the repeal in relation to a matter that was authorised to be done under this part after the repeal.\nIf subsection (1) prevents a civil liability attaching to an official, liability attaches instead to the State.\n(sec.47-ssec.1) An official continues to incur no civil liability after the repeal for an act done, or omission made, honestly and without negligence in the performance or purported performance of functions under the existing Act if— the act was done or the omission was made before the repeal; or the act was done or the omission was made after the repeal in relation to a matter that was authorised to be done under this part after the repeal.\n(sec.47-ssec.2) If subsection (1) prevents a civil liability attaching to an official, liability attaches instead to the State.\n- (a) the act was done or the omission was made before the repeal; or\n- (b) the act was done or the omission was made after the repeal in relation to a matter that was authorised to be done under this part after the repeal.","sortOrder":41},{"sectionNumber":"sec.48","sectionType":"section","heading":"Delegations","content":"### sec.48 Delegations\n\nThe chief executive may delegate, to an appropriately qualified public service employee, the chief executive’s powers under a provision of the existing Act that continues, under this division, to have effect after the repeal.\nA delegation that was in force immediately before the repeal in relation to a provision of the existing Act that continues, under this division, to have effect after the repeal continues to have effect as a delegation under this section.\n(sec.48-ssec.1) The chief executive may delegate, to an appropriately qualified public service employee, the chief executive’s powers under a provision of the existing Act that continues, under this division, to have effect after the repeal.\n(sec.48-ssec.2) A delegation that was in force immediately before the repeal in relation to a provision of the existing Act that continues, under this division, to have effect after the repeal continues to have effect as a delegation under this section.","sortOrder":42},{"sectionNumber":"ch.3-pt.4","sectionType":"part","heading":"Motor Vehicles and Boats Securities Act 1986","content":"# Motor Vehicles and Boats Securities Act 1986","sortOrder":43},{"sectionNumber":"ch.3-pt.4-div.1","sectionType":"division","heading":"Repeal","content":"## Repeal","sortOrder":44},{"sectionNumber":"sec.49","sectionType":"section","heading":"Repeal","content":"### sec.49 Repeal\n\nThe Motor Vehicles and Boats Securities Act 1986 , No. 24 is repealed.","sortOrder":45},{"sectionNumber":"ch.3-pt.4-div.2","sectionType":"division","heading":"Transitional provisions","content":"## Transitional provisions","sortOrder":46},{"sectionNumber":"sec.50","sectionType":"section","heading":"Definitions for div 2","content":"### sec.50 Definitions for div 2\n\nIn this division—\nexisting Act means the Motor Vehicles and Boats Securities Act 1986 as in force immediately before its repeal.\nrepeal means repeal of the existing Act.","sortOrder":47},{"sectionNumber":"sec.51","sectionType":"section","heading":"Words have meanings given by existing Act","content":"### sec.51 Words have meanings given by existing Act\n\nA word used in this division and defined under the existing Act has the same meaning as it had under the existing Act.","sortOrder":48},{"sectionNumber":"sec.52","sectionType":"section","heading":"Continuing of provisions of existing Act","content":"### sec.52 Continuing of provisions of existing Act\n\nIf, despite the repeal, a provision of the existing Act (the primary provision ) is continued in effect for a purpose under this division, any other provision of the existing Act (a related provision ) mentioned in the primary provision is also continued in effect to the extent necessary for the purposes of the continued application of the primary provision.","sortOrder":49},{"sectionNumber":"sec.53","sectionType":"section","heading":"Applications for registration or renewal of registration of security interests","content":"### sec.53 Applications for registration or renewal of registration of security interests\n\nThis section applies if, after the application closing time, the chief executive receives an application for the registration, or renewal of registration, of a security interest.\nDespite sections 7 and 7A of the existing Act, the chief executive—\ncan not deal with the application after the application closing time; and\nmust refund any fee that accompanied the application.\n(sec.53-ssec.1) This section applies if, after the application closing time, the chief executive receives an application for the registration, or renewal of registration, of a security interest.\n(sec.53-ssec.2) Despite sections 7 and 7A of the existing Act, the chief executive— can not deal with the application after the application closing time; and must refund any fee that accompanied the application.\n- (a) can not deal with the application after the application closing time; and\n- (b) must refund any fee that accompanied the application.","sortOrder":50},{"sectionNumber":"sec.54","sectionType":"section","heading":"Requests for registration of confiscation orders","content":"### sec.54 Requests for registration of confiscation orders\n\nThis section applies if, after the application closing time, the chief executive receives a request for the registration of a confiscation order applying to, or creating a charge over, a motor vehicle, boat or outboard motor.\nDespite section 7D of the existing Act, the chief executive can not deal with the request after the application closing time.\n(sec.54-ssec.1) This section applies if, after the application closing time, the chief executive receives a request for the registration of a confiscation order applying to, or creating a charge over, a motor vehicle, boat or outboard motor.\n(sec.54-ssec.2) Despite section 7D of the existing Act, the chief executive can not deal with the request after the application closing time.","sortOrder":51},{"sectionNumber":"sec.55","sectionType":"section","heading":"Applications for registration of assignments of registered security interests","content":"### sec.55 Applications for registration of assignments of registered security interests\n\nThis section applies if, after the application closing time, the chief executive receives an application for the assignment of a registered security interest.\nDespite sections 8 and 9 of the existing Act, the chief executive—\ncan not deal with the application after the application closing time; and\nmust refund any fee that accompanied the application.\n(sec.55-ssec.1) This section applies if, after the application closing time, the chief executive receives an application for the assignment of a registered security interest.\n(sec.55-ssec.2) Despite sections 8 and 9 of the existing Act, the chief executive— can not deal with the application after the application closing time; and must refund any fee that accompanied the application.\n- (a) can not deal with the application after the application closing time; and\n- (b) must refund any fee that accompanied the application.","sortOrder":52},{"sectionNumber":"sec.56","sectionType":"section","heading":"Applications for discharge of registered security interests","content":"### sec.56 Applications for discharge of registered security interests\n\nThis section applies if, after the application closing time, the chief executive receives an application for the discharge of a registered security interest.\nDespite sections 14 and 15 of the existing Act, the chief executive—\ncan not deal with the application after the application closing time; and\nmust refund any fee that accompanied the application.\n(sec.56-ssec.1) This section applies if, after the application closing time, the chief executive receives an application for the discharge of a registered security interest.\n(sec.56-ssec.2) Despite sections 14 and 15 of the existing Act, the chief executive— can not deal with the application after the application closing time; and must refund any fee that accompanied the application.\n- (a) can not deal with the application after the application closing time; and\n- (b) must refund any fee that accompanied the application.","sortOrder":53},{"sectionNumber":"sec.57","sectionType":"section","heading":"Applications to change particulars in register","content":"### sec.57 Applications to change particulars in register\n\nThis section applies if, after the application closing time, the chief executive receives an application to change particulars entered in the register for a registered security interest.\nDespite section 18 of the existing Act, the chief executive—\ncan not deal with the application after the application closing time; and\nmust refund any fee that accompanied the application.\n(sec.57-ssec.1) This section applies if, after the application closing time, the chief executive receives an application to change particulars entered in the register for a registered security interest.\n(sec.57-ssec.2) Despite section 18 of the existing Act, the chief executive— can not deal with the application after the application closing time; and must refund any fee that accompanied the application.\n- (a) can not deal with the application after the application closing time; and\n- (b) must refund any fee that accompanied the application.","sortOrder":54},{"sectionNumber":"sec.58","sectionType":"section","heading":"Show cause notices about improperly registered security interests","content":"### sec.58 Show cause notices about improperly registered security interests\n\nThis section applies to the following matters—\na notice in relation to a security interest given to a person by the chief executive under section 18A (2) of the existing Act, if the period stated in the notice had not expired before the repeal (an existing show cause notice );\nthe proposed removal by the chief executive of the particulars of a security interest included in the register following the giving of a notice under section 18A (5) of the existing Act, if the person had a right to apply to a Magistrates Court for an order maintaining the registration immediately before the repeal (an existing appeal decision );\nan application to a Magistrates Court for an order maintaining the registration of the security interest that is pending, but not finally decided, immediately before the repeal (an existing appeal ).\nDespite the repeal of section 18A of the existing Act, the following provisions apply—\nthe chief executive may deal with the existing show cause notice under section 18A (4) ;\nthe existing appeal decision may be the subject of an application to a Magistrates Court and may be dealt with by the court under the existing Act;\nan existing appeal may be decided by the Magistrates Court under the existing Act;\nas soon as practicable after the chief executive decides whether the interest is a security interest, the chief executive must give the PPS registrar written notice of the decision.\n(sec.58-ssec.1) This section applies to the following matters— a notice in relation to a security interest given to a person by the chief executive under section 18A (2) of the existing Act, if the period stated in the notice had not expired before the repeal (an existing show cause notice ); the proposed removal by the chief executive of the particulars of a security interest included in the register following the giving of a notice under section 18A (5) of the existing Act, if the person had a right to apply to a Magistrates Court for an order maintaining the registration immediately before the repeal (an existing appeal decision ); an application to a Magistrates Court for an order maintaining the registration of the security interest that is pending, but not finally decided, immediately before the repeal (an existing appeal ).\n(sec.58-ssec.2) Despite the repeal of section 18A of the existing Act, the following provisions apply— the chief executive may deal with the existing show cause notice under section 18A (4) ; the existing appeal decision may be the subject of an application to a Magistrates Court and may be dealt with by the court under the existing Act; an existing appeal may be decided by the Magistrates Court under the existing Act; as soon as practicable after the chief executive decides whether the interest is a security interest, the chief executive must give the PPS registrar written notice of the decision.\n- (a) a notice in relation to a security interest given to a person by the chief executive under section 18A (2) of the existing Act, if the period stated in the notice had not expired before the repeal (an existing show cause notice );\n- (b) the proposed removal by the chief executive of the particulars of a security interest included in the register following the giving of a notice under section 18A (5) of the existing Act, if the person had a right to apply to a Magistrates Court for an order maintaining the registration immediately before the repeal (an existing appeal decision );\n- (c) an application to a Magistrates Court for an order maintaining the registration of the security interest that is pending, but not finally decided, immediately before the repeal (an existing appeal ).\n- (a) the chief executive may deal with the existing show cause notice under section 18A (4) ;\n- (b) the existing appeal decision may be the subject of an application to a Magistrates Court and may be dealt with by the court under the existing Act;\n- (c) an existing appeal may be decided by the Magistrates Court under the existing Act;\n- (d) as soon as practicable after the chief executive decides whether the interest is a security interest, the chief executive must give the PPS registrar written notice of the decision.","sortOrder":55},{"sectionNumber":"sec.59","sectionType":"section","heading":"Show cause notices about cancellation of registered security interests that have been discharged or extinguished","content":"### sec.59 Show cause notices about cancellation of registered security interests that have been discharged or extinguished\n\nThis section applies to a notice in relation to a security interest given to a person by the chief executive under section 20 of the existing Act, if the period stated in the notice had not expired before the repeal (also an existing show cause notice ).\nDespite the repeal of section 20 of the existing Act, the following provisions apply—\nthe chief executive may deal with the existing show cause notice under section 20 ;\nas soon as practicable after the chief executive decides whether the registration should have been cancelled, the chief executive must give the PPS registrar written notice of the decision.\n(sec.59-ssec.1) This section applies to a notice in relation to a security interest given to a person by the chief executive under section 20 of the existing Act, if the period stated in the notice had not expired before the repeal (also an existing show cause notice ).\n(sec.59-ssec.2) Despite the repeal of section 20 of the existing Act, the following provisions apply— the chief executive may deal with the existing show cause notice under section 20 ; as soon as practicable after the chief executive decides whether the registration should have been cancelled, the chief executive must give the PPS registrar written notice of the decision.\n- (a) the chief executive may deal with the existing show cause notice under section 20 ;\n- (b) as soon as practicable after the chief executive decides whether the registration should have been cancelled, the chief executive must give the PPS registrar written notice of the decision.","sortOrder":56},{"sectionNumber":"sec.60","sectionType":"section","heading":"Inspection of register","content":"### sec.60 Inspection of register\n\nDespite the repeal, section 23 of the existing Act continues to apply for a period of 2 years after the repeal in relation to particulars included in the former register in the period starting 7 years before the repeal and ending at the repeal.\nA regulation may prescribe a fee for inspecting the former register.\nThe chief executive must keep a copy of the information contained in the former register, as it existed immediately before the repeal, for 7 years after the repeal.\nFor section 23 (1) (a) of the existing Act, the office of the department at Brisbane is prescribed as an office of the department where the register may be inspected.\nIn this section—\nformer register means the register of security interests required to be kept under section 6 of the existing Act.\n(sec.60-ssec.1) Despite the repeal, section 23 of the existing Act continues to apply for a period of 2 years after the repeal in relation to particulars included in the former register in the period starting 7 years before the repeal and ending at the repeal.\n(sec.60-ssec.2) A regulation may prescribe a fee for inspecting the former register.\n(sec.60-ssec.3) The chief executive must keep a copy of the information contained in the former register, as it existed immediately before the repeal, for 7 years after the repeal.\n(sec.60-ssec.4) For section 23 (1) (a) of the existing Act, the office of the department at Brisbane is prescribed as an office of the department where the register may be inspected.\n(sec.60-ssec.5) In this section— former register means the register of security interests required to be kept under section 6 of the existing Act.","sortOrder":57},{"sectionNumber":"sec.61","sectionType":"section","heading":"Applications for compensation for loss","content":"### sec.61 Applications for compensation for loss\n\nSubsection (2) applies if a person who is the holder of a security interest that is mentioned in section 28 (1) of the existing Act and extinguished under section 26 (1) of the existing Act before the repeal suffers loss because of the extinguishment.\nDespite the repeal, the person may apply for payment of compensation under section 28 of the existing Act.\nSubsection (4) applies if a person who is the holder of a security interest extinguished under section 30 (2) of the existing Act before the repeal suffers loss because of the extinguishment.\nDespite the repeal, the person may apply for compensation under section 30 (4) of the existing Act.\n(sec.61-ssec.1) Subsection (2) applies if a person who is the holder of a security interest that is mentioned in section 28 (1) of the existing Act and extinguished under section 26 (1) of the existing Act before the repeal suffers loss because of the extinguishment.\n(sec.61-ssec.2) Despite the repeal, the person may apply for payment of compensation under section 28 of the existing Act.\n(sec.61-ssec.3) Subsection (4) applies if a person who is the holder of a security interest extinguished under section 30 (2) of the existing Act before the repeal suffers loss because of the extinguishment.\n(sec.61-ssec.4) Despite the repeal, the person may apply for compensation under section 30 (4) of the existing Act.","sortOrder":58},{"sectionNumber":"sec.62","sectionType":"section","heading":"Compensation for repairing or replacing damaged property","content":"### sec.62 Compensation for repairing or replacing damaged property\n\nThis section applies if, before the repeal, there was an exercise or purported exercise of a power under a declared provision mentioned in section 30ZB (1) of the existing Act.\nDespite the repeal, a person whose property was damaged because of the exercise or purported exercise of the power may apply for compensation under section 30ZB of the existing Act.\n(sec.62-ssec.1) This section applies if, before the repeal, there was an exercise or purported exercise of a power under a declared provision mentioned in section 30ZB (1) of the existing Act.\n(sec.62-ssec.2) Despite the repeal, a person whose property was damaged because of the exercise or purported exercise of the power may apply for compensation under section 30ZB of the existing Act.","sortOrder":59},{"sectionNumber":"sec.63","sectionType":"section","heading":"Protection from liability","content":"### sec.63 Protection from liability\n\nA public service employee continues to incur no civil liability after the repeal for an act done, or omission made, honestly and without negligence in the performance or purported performance of functions under the existing Act if—\nthe act was done or the omission was made before the repeal; or\nthe act was done or the omission was made after the repeal in relation to a matter that was authorised to be done under this division after the repeal.\nIf subsection (1) prevents a civil liability attaching to a public service employee, liability attaches instead to the State.\n(sec.63-ssec.1) A public service employee continues to incur no civil liability after the repeal for an act done, or omission made, honestly and without negligence in the performance or purported performance of functions under the existing Act if— the act was done or the omission was made before the repeal; or the act was done or the omission was made after the repeal in relation to a matter that was authorised to be done under this division after the repeal.\n(sec.63-ssec.2) If subsection (1) prevents a civil liability attaching to a public service employee, liability attaches instead to the State.\n- (a) the act was done or the omission was made before the repeal; or\n- (b) the act was done or the omission was made after the repeal in relation to a matter that was authorised to be done under this division after the repeal.","sortOrder":60},{"sectionNumber":"sec.64","sectionType":"section","heading":"Delegations","content":"### sec.64 Delegations\n\nThe chief executive may delegate, to a person who is a public service employee, the chief executive’s powers under a provision of the existing Act that continues, under this division, to have effect after the repeal.\nA delegation that was in force immediately before the repeal in relation to a provision of the existing Act that continues, under this division, to have effect after the repeal continues to have effect as a delegation under this section.\n(sec.64-ssec.1) The chief executive may delegate, to a person who is a public service employee, the chief executive’s powers under a provision of the existing Act that continues, under this division, to have effect after the repeal.\n(sec.64-ssec.2) A delegation that was in force immediately before the repeal in relation to a provision of the existing Act that continues, under this division, to have effect after the repeal continues to have effect as a delegation under this section.","sortOrder":61}],"analysis":{"issue_detection":{"absurdities":[{"type":"other","section":"sec.7(1) and sec.7(3)","severity":"low","reasoning":"The definition of 'official' in sec.7 incorporates persons who held delegations under Queensland register Acts that this very Act repeals. As the transitional period concludes, the class of persons captured by paragraph (c) of the definition will cease to exist, making the definition partially self-defeating in its temporal scope. This is a structural oddity rather than a fatal flaw.","confidence":0.62,"description":"The liability protection in sec.7 only applies to acts done 'honestly and without negligence', but the definition of 'official' in sec.7(3) includes a 'public service employee to whom the chief executive delegated powers under a Queensland register Act'. By the time this Act commences, those Queensland register Acts are being repealed, meaning the category of official defined by reference to delegations under repealed Acts is of diminishing and ultimately zero practical utility."},{"type":"circular_definition","section":"sec.8(2)","severity":"medium","reasoning":"A person is 'appropriately qualified' if they have qualifications 'appropriate to exercise the power'. This is a pure tautology — the term being defined appears in substance in its own definition. A court or delegate cannot derive any concrete guidance from this. The word 'includes' also suggests the definition is non-exhaustive, meaning even the tautological content is not the full picture.","confidence":0.85,"description":"The definition of 'appropriately qualified' in sec.8(2) is circular and content-free: it defines 'appropriately qualified' as 'includes having the qualifications, experience or standing appropriate to exercise the power'. The definition merely restates the concept being defined using synonymous terms, providing no objective standard by which qualification can be assessed."},{"type":"self_contradicting","section":"sec.11(2)","severity":"medium","reasoning":"The carve-out 'other than this section' is necessary to avoid the provision swallowing itself, but it creates an odd logical structure: sec.11 is the only operative authority for proceedings to continue, yet proceedings continue 'as if' the Act (which contains sec.11) had not commenced. The section must be read as existing in order to disapply itself, which is internally incoherent, even if practically workable through necessary implication.","confidence":0.72,"description":"Section 11(2) provides that offence proceedings may be 'started or continued... as if this Act, other than this section, had not commenced'. This creates a logical paradox: the section that authorises the continuation of proceedings must itself be treated as not having commenced in order to give effect to its own authorisation. The provision bootstraps its own existence whilst simultaneously requiring its non-existence."},{"type":"other","section":"sec.17(1) and sec.17(3)","severity":"low","reasoning":"The mismatch between the 2-year inspection period and the 7-year retention period creates a limbo: the chief executive must keep the information but has no statutory obligation to allow inspection of it after year 2. While retention for evidentiary or administrative purposes may have independent justification, the Act provides no framework for access during years 3-7, which undermines the evident purpose of the retention obligation. Identical issue arises in sec.40(1)/(3) for Liens on Crops of Sugar Cane Act and sec.60(1)/(3) for Motor Vehicles and Boats Securities Act.","confidence":0.78,"description":"Section 17(1) requires the former register to be available for inspection for 2 years after repeal, covering particulars from the 7 years before repeal. Section 17(3) requires the chief executive to keep a copy for 7 years after repeal. This means the register must be kept for 7 years but is only legally required to be made available for inspection for 2 years, creating a 5-year period where the information is retained but the statutory inspection right has expired — the data is held with no corresponding access mechanism."},{"type":"other","section":"sec.40(1) and sec.40(3)","severity":"low","reasoning":"Identical reasoning to sec.17 applies. The 5-year gap between expiry of inspection rights and expiry of retention obligation is logically inconsistent with the evident purpose of preserving access to register information during the transition period.","confidence":0.78,"description":"Same structural mismatch as sec.17: the inspection right under the Liens on Crops of Sugar Cane Act transitional provisions lasts 2 years but the retention obligation lasts 7 years, leaving 5 years of mandated retention without a corresponding access right."},{"type":"other","section":"sec.60(1) and sec.60(3)","severity":"low","reasoning":"Identical reasoning applies. The systematic repetition of this pattern across all three repealed Acts suggests it is a deliberate (if unexplained) drafting choice, but it remains logically inconsistent on its face.","confidence":0.78,"description":"Same structural mismatch as sec.17 and sec.40: inspection right under Motor Vehicles and Boats Securities Act transitional provisions lasts 2 years but retention obligation lasts 7 years."},{"type":"impossible_compliance","section":"sec.44(3)","severity":"medium","reasoning":"The trigger conditions in sec.44(3) are conjunctive: notice given before repeal AND non-compliance before end of notice period. If the notice period extends past the repeal date, whether the lienee is in breach at repeal is temporally indeterminate — compliance may still be possible. The section does not address this scenario, creating an ambiguity as to when exactly the chief executive's obligation under subsection (4) is triggered. Identical issue exists in sec.21(3) for the Bills of Sale equivalent.","confidence":0.65,"description":"Section 44(3) conditions subsection (4) on circumstances that require the lienee to have been given a notice under sec.7M(4) 'before the repeal' AND to not have complied 'before the end of the notice period'. However, if the notice period extends beyond the repeal date, the Act provides no mechanism for enforcement of sec.7M(5) compliance post-repeal other than the chief executive requesting PPS registrar action. This creates a gap where non-compliance during the notice period straddling the repeal date has an unclear legal status."},{"type":"other","section":"sec.16(1)","severity":"medium","reasoning":"The term 'application closing time' appears throughout the Act (secs 16, 18, 19, 20, 22, 39, 41, 42, 43, 45, 53, 54, 55, 56, 57) as a critical operative term but is not defined in the extracted text. If the definition resides only in regulations or in an external Act without clear cross-reference, compliance and enforcement become uncertain. This is a structural deficiency that potentially affects the entire transitional regime.","confidence":0.7,"description":"Section 16(1) states the section applies if 'after the application closing time, the chief executive receives an application'. The definition of 'application closing time' is not provided within the visible text of the Act, creating a potential gap where the operative trigger for the section cannot be identified from the legislation itself as presented."}],"contradictions":[{"severity":"low","section_a":"sec.7(1)","section_b":"sec.25(1)","confidence":0.58,"description":"Section 7 protects officials from liability for acts done 'honestly and without negligence' in relation to giving information under sec.6, with liability transferring to the State. Section 25(1) provides equivalent protection for officials under the Bills of Sale Act. However, the definition of 'official' differs between the two sections: sec.7(3) defines 'official' to include the chief executive, officers/employees of the department, and delegates under a Queensland register Act. Section 25 uses the same term without providing its own definition, leaving it ambiguous whether the sec.7(3) definition applies to sec.25 or whether a different class of persons is protected."},{"severity":"medium","section_a":"sec.25(1)","section_b":"sec.47(1)","confidence":0.75,"description":"Section 25(1)(b) protects officials for post-repeal acts 'authorised to be done under this division after the repeal' (referencing ch.3-pt.1-div.2 for the Bills of Sale Act). Section 47(1)(b) uses 'authorised to be done under this part after the repeal' (referencing ch.3-pt.3 for the Liens on Crops of Sugar Cane Act). The scope of protection differs — 'division' versus 'part' — meaning officials under the Liens Act provisions receive broader protection (extending to the whole Part) than those under the Bills of Sale provisions (limited to the division). This inconsistency appears unintentional and creates disparate liability exposure for officials performing equivalent transitional functions."},{"severity":"medium","section_a":"sec.63(1)","section_b":"sec.25(1) and sec.47(1)","confidence":0.82,"description":"Sections 25 and 47 protect 'officials' from civil liability. Section 63 (Motor Vehicles and Boats Securities Act transitional provisions) protects only 'public service employees', a narrower category. The chief executive and departmental officers who are not public service employees may therefore lack equivalent protection under the Motor Vehicles and Boats Securities Act transitional regime despite performing identical transitional functions to those protected under secs 25 and 47. This inconsistency in drafting across parallel provisions creates differential liability exposure for persons performing equivalent roles."},{"severity":"low","section_a":"sec.26(1)","section_b":"sec.64(1)","confidence":0.8,"description":"Section 26 (Bills of Sale Act delegations) allows delegation to 'an appropriately qualified public service employee'. Section 64 (Motor Vehicles and Boats Securities Act delegations) allows delegation to 'a person who is a public service employee' with no qualification requirement. The omission of the 'appropriately qualified' filter in sec.64 means any public service employee, regardless of qualification, may receive delegated powers under the Motor Vehicles Act transitional provisions, whereas the Bills of Sale Act equivalent imposes a qualification threshold. This inconsistency is not explained and appears to be an inadvertent drafting discrepancy."},{"severity":"low","section_a":"sec.6(1)","section_b":"sec.6(3)","confidence":0.6,"description":"Section 6(1) authorises the chief executive to give information to assist the PPS registrar 'to establish the PPS register'. Section 6(3) states this applies 'despite any other Act or law'. However, sec.6(1) is permissive ('is authorised'), not mandatory. If the chief executive chooses not to give information, sec.6(3)'s override of other laws is irrelevant. More significantly, if the PPS register has already been established by the time this provision is invoked, the authority conferred by sec.6(1) would have no operative purpose — the section does not extend to maintaining or operating the PPS register, only establishing it. The override in sec.6(3) could therefore conflict with ongoing privacy or confidentiality obligations that would otherwise apply, without providing a corresponding ongoing authorisation."}]},"summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The Act remains focused on its original and clear purpose: managing Queensland's transition to the national Personal Property Securities Register by repealing three old Queensland registers, facilitating data transfer, handling unfinished business, and protecting officials. There is no evidence of scope creep or departure from the original intent."},"complexity_factors":["Multiple repealed Acts being managed simultaneously, each with their own parallel transitional provisions that mirror each other","Requires understanding of both the old Queensland legislation and the new Commonwealth PPS framework to fully interpret","Numerous time-dependent triggers (application closing time, 2-year inspection window, 7-year records retention) that interact with each other","Cross-references to sections of repealed Acts that are selectively preserved, requiring the reader to consult legislation that no longer formally exists","Different liability protection regimes for different classes of officials across different parts of the Act","Interplay between Queensland state law and Commonwealth law, including the override clause ('despite any other Act or law')","Conditional logic chains (e.g. section 21 and 44) involving multiple sequential prerequisites before obligations arise"],"plain_english_summary":"This Act moves Queensland’s old property security registers into the Commonwealth’s national Personal Property Securities (PPS) Register, closing the state filing systems and allowing the government to transfer register data to the national registrar. It affects lenders, borrowers, and anyone with existing security interests, disputes, or compensation claims under the repealed Queensland laws, preserves ongoing legal actions, provides limited record access after repeal, and ensures refunds or protections where applications or official actions are impacted."},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The legislation appears to maintain its original scope as transitional and ancillary legislation supporting the implementation of the Personal Property Securities Act 2009 (Cth). It does not appear to have expanded beyond its intended purpose of repealing three specific Queensland Acts and managing the transition to the national PPS Register."},"complexity_factors":["Extensive cross-referencing to repealed legislation (Bills of Sale Act, Liens on Crops Act, Motor Vehicles and Boats Securities Act) requiring readers to understand the old laws to grasp the transitional provisions","Multiple parallel structural divisions (3 Parts, each with Division 1 (Repeal) and Division 2 (Transitional)) creating repetitive but slightly varied provisions across the three repealed Acts","Conditional logic based on timing ('application closing time', 'before the repeal', 'after the repeal') and specific procedural stages (pending notices, uncomplied requests)","Nested definitions ('existing Act', 'repeal', 'former register', 'official', 'appropriately qualified') that vary slightly between Parts","Interaction with Commonwealth PPS Act and PPS Registrar, creating federal-state legislative overlap","Preservation of specific sections from repealed Acts with modified effect (e.g., inspection rights continuing for 2 years, compensation provisions continuing indefinitely)"],"plain_english_summary":"This Queensland legislation tidies up the state's laws to make way for the national Personal Property Securities Register (PPS Register). Think of it as the 'switchover' legislation that helps Queensland move from its old, separate state-based registers to the new national system.\n\n**What it does:**\n- **Feeds data to the national register**: Allows Queensland's chief executive to share information from Queensland's old registers (like the Bills of Sale register or Motor Vehicles register) with the Commonwealth PPS Registrar to help set up the national database.\n- **Protects officials**: Shields government staff from being sued personally if they honestly and carefully share this information—if anything goes wrong, the State wears the liability, not the individual.\n- **Repeals three old Queensland Acts**: Gets rid of the Bills of Sale and Other Instruments Act 1955, the Liens on Crops of Sugar Cane Act 1931, and the Motor Vehicles and Boats Securities Act 1986. These old laws let people register security interests (basically, legal claims over personal property like cars, boats, or crops) at the state level.\n- **Manages the transition**: Sets up rules for what happens to applications, disputes, and records that were in progress under the old state systems when the switch happened—things like rejecting new applications after the cutoff date, refunding fees, keeping old records available for inspection for a few years, and allowing certain compensation claims to still be pursued.\n\n**Who it affects:**\n- Queensland government staff managing the old registers\n- Lenders and borrowers who had security interests registered under the old Queensland systems\n- Anyone with pending applications or disputes under the repealed Acts\n\n**Why it matters:**\nThis is housekeeping legislation that enables the bigger national reform—the creation of a single, Australia-wide register for security interests in personal property (things that aren't land). It ensures a smooth transition so that legal rights and historical records aren't lost in the move from state-based to national registration."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The Act shifts scope from multiple Queensland-specific registers and statutes to the national PPS framework. It repeals legacy Acts (ss 12, 35, 49) while preserving specified pre-repeal rights, inspections and compensation claims for defined periods (e.g. inspections and record-keeping for 7 years; transitional application handling in ss 17, 40, 60; compensation rights in ss 24, 46, 61). It centralises data transfer to the PPS registrar (s 6), imposes a cutoff after which the chief executive must not process state-era applications and must refund fees (multiple transitional sections), and reallocates civil-liability risk from officials to the State for honest, non-negligent acts (ss 7, 25, 47, 63)."},"complexity_factors":["Multiple repeals across different legacy Acts (Bills of Sale 1955, Liens on Crops of Sugar Cane 1931, Motor Vehicles and Boats Securities 1986) increasing cross-referencing complexity (ss 12, 35, 49).","Extensive transitional provisions preserving selected pre-repeal rights, proceedings and remedies for limited periods (e.g. inspection rights, compensation applications) rather than a clean cutover (divisional transitional sections such as ss 17, 40, 60; ss 24, 46, 61).","Application-closing-time rule: numerous provisions bar dealing with applications received after a statutory cutoff and require fee refunds, creating a bright-line, operational cutoff that affects many transactions (e.g. ss 16, 19–22, 39–45, 53–57).","Data-sharing authorisation overrides other laws and permits flexible formats (including electronic transfer) to the PPS registrar, concentrating decision authority in the chief executive (s 6).","Liability framework: officials are protected for honest, non-negligent acts with liability transferring to the State, which alters risk allocation and potential claims pathways (ss 7, 25, 47, 63).","Delegation powers permit the chief executive to delegate broadly to ‘appropriately qualified’ staff, creating administrative discretion and operational variability (ss 8, 26, 48, 64).","Regulation-making power for fees and related matters adds delegated law complexity and future uncertainty (s 9)."],"plain_english_summary":"Mechanically, this Act repeals several Queensland registration laws and moves relevant registration functions and data to the national Personal Property Securities (PPS) register. It authorises the chief executive to provide Queensland register information to the Commonwealth (including electronic transfers), preserves certain pre-repeal rights and proceedings, prevents the chief executive dealing with late state-era applications (requiring refunds), and protects officials from civil liability for honest, non-negligent acts while shifting liability to the State. It affects lenders, borrowers, lienors, registrars and anyone with pre-existing registered interests."}},"importantCases":[],"_links":{"self":"/api/acts/personal-property-securities-ancillary-provisions-act-2010","history":"/api/acts/personal-property-securities-ancillary-provisions-act-2010/history","analysis":"/api/acts/personal-property-securities-ancillary-provisions-act-2010/analysis","conflicts":"/api/acts/personal-property-securities-ancillary-provisions-act-2010/conflicts","importantCases":"/api/acts/personal-property-securities-ancillary-provisions-act-2010/important-cases","documents":"/api/acts/personal-property-securities-ancillary-provisions-act-2010/documents"}}