{"id":"personal-property-securities-commonwealth-laws-act-2011","name":"Personal Property Securities (Commonwealth Laws) Act 2011","slug":"personal-property-securities-commonwealth-laws-act-2011","collection":"act","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106002,"registerId":"wa-personal-property-securities-commonwealth-laws-act-2011-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Personal Property Securities (Commonwealth Laws) Act 2011","content":"![Crest]()Western Australia\n\nPersonal Property Securities (Commonwealth Laws) Act 2011\n\nWestern Australia\n\nPersonal Property Securities (Commonwealth Laws) Act 2011\n\nContents\n\nPart 1 — Preliminary\n\n1. Short title 2\n\n2. Commencement 2\n\nPart 2 — Adoption and referral\n\n3. Terms used 3\n\n4. Term used: referred PPS matters 5\n\n5. Term used: security interest 7\n\n6. Adoption of Commonwealth PPS Act 8\n\n7. Termination of adoption 8\n\n8. References of matters 9\n\n9. Termination of references 9\n\n10. Amendment of Commonwealth law 10\n\n11. Effect of termination of amendment references before termination of adoption of Commonwealth PPS Act 11\n\nPart 3 — Consequential provisions\n\n12. Terms used 13\n\n13. Provision of information to the Commonwealth 14\n\n14. Compensation not payable in respect of PPS transitional matters 15\n\n15. Implied power to make declaration that licence etc. not personal property 15\n\n16. References to charges and fixed and floating charges 15\n\n17. Enforcement of and other dealings with PPS security interests restricted in certain circumstances 16\n\n18. Bills of sale records 18\n\n19. Regulations for transitional matters 19\n\n20. Regulations 20\n\nNotes\n\nCompilation table 21\n\nUncommenced provisions table 21\n\nDefined terms\n\n  \n\nWestern Australia\n\nPersonal Property Securities (Commonwealth Laws) Act 2011\n\nAn Act to adopt the *Personal Property Securities Act 2009* (Commonwealth) as amended by the *Personal Property Securities (Consequential Amendments) Act 2009* (Commonwealth), the *Personal Property Securities (Corporations and Other Amendments) Act 2010* (Commonwealth) and the *Personal Property Securities (Corporations and Other Amendments) Act 2011*, to refer certain matters relating to security interests in personal property to the Parliament of the Commonwealth, for the purposes of section 51(xxxvii) of the Constitution of the Commonwealth, and to enact consequential provisions.\n\nThe Parliament of Western Australia enacts as follows:\n\n## Part 1 — Preliminary\n\n##### 1. Short title\n\nThis is the *Personal Property Securities (Commonwealth Laws) Act 2011*.\n\n##### 2. Commencement\n\n(1) This Act comes into operation as follows —\n\n(a) Part 1 — on the day on which this Act receives the Royal Assent;\n\n(b) the rest of the Act other than sections 8(2) and (3) and 16 — on the day after that day;\n\n(c) section 16 — on the registration commencement time as defined in the *Personal Property Securities Act 2009* (Commonwealth) section 306(2);\n\n(d) section 8(2) and (3) — on a day fixed by proclamation, and different days may be fixed for different provisions.\n\n(2) A proclamation cannot be made under subsection (1)(d) unless a draft of the proclamation has first been approved by each House of Parliament.\n\n## Part 2 — Adoption and referral\n\n##### 3. Terms used\n\nIn this Part —\n\nadoption means the adoption under section 6(1);\n\namendment reference means a reference under section 8(1), (2) or (3);\n\nCommonwealth PPS Act means the *Personal Property Securities Act 2009* (Commonwealth) as amended by the *Personal Property Securities (Consequential Amendments) Act 2009* (Commonwealth), the *Personal Property Securities (Corporations and Other Amendments) Act 2010* (Commonwealth) and the *Personal Property Securities (Corporations and Other Amendments) Act 2011*, and as in force from time to time;\n\nCommonwealth PPS instrument means any instrument (whether or not of a legislative character) that is made or issued under the Commonwealth PPS Act;\n\ncrops includes (but is not limited to) the kinds of things that are included in the definition of ***crops*** for the purposes of the relevant version of the Commonwealth PPS Act;\n\nexcluded State statutory right means a State statutory right that is declared by the law of the State by or under which it is granted not to be personal property for the purposes of the Commonwealth PPS Act;\n\nexpress amendment of the Commonwealth PPS Act means the direct amendment of the text of that Act (whether by the insertion, omission, repeal, substitution or relocation of words or matter) by another Commonwealth Act, but does not include the enactment by a Commonwealth Act of a provision that has or will have substantive effect otherwise than as part of the text of the Commonwealth PPS Act;\n\nfixtures means goods, other than crops, that are affixed to land;\n\ngeneral law means the principles and rules of the common law and equity to the extent to which they have effect in the State from time to time;\n\ngoods means personal property that is tangible property, and includes (but is not limited to) the kinds of things that are included in the definition of ***goods*** for the purposes of the relevant version of the Commonwealth PPS Act;\n\ninterest, in relation to property, includes a right in the property;\n\nland includes all estates and interests in land, whether freehold, leasehold or chattel, but does not include goods that are affixed to land;\n\nlaw of the State means any Act of the State or any instrument made under such an Act, whenever enacted or made and as in force from time to time;\n\nlicence means either of the following —\n\n(a) a transferable right, entitlement or authority to do one or more of the following —\n\n(i) to manufacture, produce, sell, transport or otherwise deal with personal property;\n\n(ii) to provide services;\n\n(iii) to explore for, exploit or use a resource;\n\n(b) a transferable authority to exercise rights comprising intellectual property,\n\nbut does not include an excluded State statutory right;\n\npersonal property means property (including a licence) other than —\n\n(a) land; or\n\n(b) an excluded State statutory right;\n\nreferred PPS matters, in relation to personal property, has the meaning given in section 4;\n\nregister means any system for recording interests or information (whether in written or electronic form);\n\nrelevant version of the Commonwealth PPS Act means the *Personal Property Securities Act 2009* (Commonwealth) as originally enacted, and as later amended by the *Personal Property Securities (Consequential Amendments) Act 2009* (Commonwealth), the *Personal Property Securities (Corporations and Other Amendments) Act 2010* (Commonwealth) and the *Personal Property Securities (Corporations and Other Amendments) Act 2011*;\n\nsecurity interest in personal property has the meaning given in section 5;\n\nState statutory right means a right, entitlement or authority that is granted by or under a law of the State;\n\ntransferable, in relation to a right, entitlement or authority, means transferable under the general law or a law of the State by the holder of the right, entitlement or authority (whether or not the right, entitlement or authority is exclusive, and whether or not a transfer is restricted or requires consent);\n\nwater right means a right, entitlement or authority, whether or not exclusive, that is granted by or under the general law or a law of the State in relation to the control, use or flow of water, but does not include an excluded State statutory right.\n\n##### 4. Term used: referred PPS matters\n\n(1) In this Act —\n\nreferred PPS matters, in relation to personal property, means —\n\n(a) the matter of security interests in the personal property; and\n\n(b) without limiting the generality of paragraph (a), each of the following matters —\n\n(i) the recording of security interests, or information with respect to security interests, in the personal property in a register;\n\n(ii) the recording in such a register of any other information with respect to the personal property (whether or not there are any security interests in the personal property);\n\n(iii) the enforcement of security interests in the personal property (including priorities to be given as between security interests, and as between security interests and other interests, in the personal property).\n\n(2) However, referred PPS matters does not include the matter of making provision with respect to personal property or interests in personal property in a manner that excludes or limits the operation of a law of the State to the extent that the law makes provision with respect to —\n\n(a) the creation, holding, transfer, assignment, disposal or forfeiture of a State statutory right; or\n\n(b) limitations, restrictions or prohibitions concerning the kinds of interests that may be created or held in, or the kinds of persons or bodies that may create or hold interests in, a State statutory right; or\n\n(c) without limiting the generality of paragraph (a) or (b), any of the following matters —\n\n(i) the forfeiture of property or interests in property (or the disposal of forfeited property or interests) in connection with the enforcement of the general law or any law of the State;\n\n(ii) the transfer, by operation of that law of the State, of property or interests in property from any specified person or body to any other specified person or body (whether or not for valuable consideration or a fee or other reward).\n\n(3) In this section —\n\nforfeiture means confiscation, seizure, extinguishment, cancellation, suspension or any other forfeiture.\n\n##### 5. Term used: security interest\n\n(1) In this Act —\n\nsecurity interest in personal property means an interest in relation to personal property provided for by a transaction that, in substance, secures payment or performance of an obligation (without regard to the form of the transaction or the identity of the person who has title to the property).\n\n(2) A security interest in personal property also includes the following interests in relation to personal property, whether or not the transaction concerned, in substance, secures payment or performance of an obligation —\n\n(a) the interest of a transferee under a transfer of a monetary obligation or chattel paper;\n\n(b) the interest of a consignor who delivers goods to a consignee under a consignment;\n\n(c) the interest of a lessor or bailor under a lease or bailment of goods.\n\n(3) A security interest in personal property does not include a licence.\n\n(4) In this section —\n\nchattel paper means one or more writings that evidence both a monetary obligation and a security interest in, or a lease of, specific personal property;\n\nwriting includes (but is not limited to) the kinds of things that are included in the definition of ***writing*** for the purposes of the relevant version of the Commonwealth PPS Act.\n\n##### 6. Adoption of Commonwealth PPS Act\n\n(1) The relevant version of the Commonwealth PPS Act is adopted within the meaning of section 51(xxxvii) of the Constitution of the Commonwealth.\n\n(2) The adoption has effect for a period —\n\n(a) beginning when this section commences; and\n\n(b) ending at the end of the day fixed under section 7 as the day on which the adoption is to terminate,\n\nbut no longer.\n\n##### 7. Termination of adoption\n\n(1) The Governor may, at any time, by proclamation published in the *Gazette*, fix a day as the day on which the adoption is to terminate.\n\n(2) A day fixed under subsection (1) must be no earlier than the first day after the end of the period of 12 months beginning with the day on which the proclamation is published under that subsection.\n\n(3) The Governor may, by proclamation published in the *Gazette*, revoke a proclamation published under subsection (1), in which case the revoked proclamation is taken (for the purposes of section 6) never to have been published.\n\n(4) A revoking proclamation has effect only if published before the day fixed under subsection (1).\n\n(5) The revocation of a proclamation published under subsection (1) does not prevent publication of a further proclamation under that subsection.\n\n(6) A proclamation cannot be made under subsection (1) unless a draft of the proclamation has first been approved by each House of Parliament.\n\n##### 8. References of matters\n\n(1) The referred PPS matters in relation to personal property (other than fixtures and water rights) are referred to the Parliament of the Commonwealth on the day on which this subsection commences, but only to the extent of the making of laws with respect to those matters in relation to property of that kind by making express amendments of the Commonwealth PPS Act.\n\n[(2),(3) have not come into operation.]\n\n(4) Except as provided by subsection (1), the operation of each of subsections (1), (2) and (3) is not affected by the other subsections.\n\n(5) The reference of any matter under subsection (1), (2) or (3) has effect only —\n\n(a) if and to the extent that the matter is not included in the legislative powers of the Parliament of the Commonwealth (otherwise than by a reference for the purposes of section 51(xxxvii) of the Constitution of the Commonwealth); and\n\n(b) if and to the extent that the matter is included in the legislative powers of the Parliament of the State.\n\n(6) Despite any other provision of this section, a reference under subsection (1), (2) or (3) has effect for a period —\n\n(a) beginning when the subsection under which the reference is made commences; and\n\n(b) ending at the end of the day fixed under section 9 as the day on which the reference is to terminate,\n\nbut no longer.\n\n##### 9. Termination of references\n\n(1) The Governor may, at any time, by proclamation published in the *Gazette*, fix a day as the day on which any or all of the amendment references that have effect are to terminate.\n\n(2) A day fixed under subsection (1) must be no earlier than the first day after the end of the period of 12 months beginning with the day on which the proclamation is published under that subsection.\n\n(3) The Governor may, by proclamation published in the *Gazette*, revoke a proclamation published under subsection (1), in which case the revoked proclamation is taken (for the purposes of section 8) never to have been published.\n\n(4) A revoking proclamation has effect only if published before the day fixed under subsection (1).\n\n(5) The revocation of a proclamation published under subsection (1) does not prevent publication of a further proclamation under that subsection.\n\n(6) A proclamation cannot be made under subsection (1) unless a draft of the proclamation has first been approved by each House of Parliament.\n\n##### 10. Amendment of Commonwealth law\n\nFor the avoidance of doubt, it is the intention of the Parliament of the State that —\n\n(a) the Commonwealth PPS Act may be expressly amended, or have its operation otherwise affected, at any time after the commencement of section 6(1) by provisions of Commonwealth Acts the operation of which is based on legislative powers that the Parliament of the Commonwealth has on account of a reference of any matters, or the adoption of the relevant version of the Commonwealth PPS Act, under section 51(xxxvii) of the Constitution of the Commonwealth; and\n\n(b) the Commonwealth PPS Act may be expressly amended, or have its operation otherwise affected, at any time after the commencement of section 6(1) by provisions of Commonwealth Acts the operation of which is based on legislative powers that the Parliament of the Commonwealth has apart from a reference of any matters, or the adoption of the relevant version of the Commonwealth PPS Act, under section 51(xxxvii) of the Constitution of the Commonwealth; and\n\n(c) the Commonwealth PPS Act may have its operation affected, otherwise than by express amendment, at any time by provisions of Commonwealth PPS instruments.\n\n##### 11. Effect of termination of amendment references before termination of adoption of Commonwealth PPS Act\n\n(1) If an amendment reference is terminated but the adoption of the relevant version of the Commonwealth PPS Act is not terminated, the termination of the amendment reference does not affect —\n\n(a) laws that were made under the amendment reference (but not repealed) before that termination (whether or not they have come into operation before that termination); or\n\n(b) the continued operation in the State of the Commonwealth PPS Act as in operation immediately before that termination or as subsequently amended or affected by —\n\n(i) laws referred to in paragraph (a) that come into operation after that termination; or\n\n(ii) provisions referred to in section 10(b) or (c).\n\n(2) Accordingly, an amendment reference continues to have effect for the purposes of subsection (1) unless the adoption is terminated.\n\n(3) Subsection (1) does not apply to or in relation to an amendment of the Commonwealth PPS Act that is excluded from the operation of this section by the proclamation that terminates the amendment reference.\n\n(4) For the purposes of subsection (1) —\n\n(a) the laws referred to in subsection (1)(a) include Commonwealth PPS instruments; and\n\n(b) the reference in subsection (1)(b) to the Commonwealth PPS Act as in operation immediately before the termination of the amendment reference includes that legislation as affected by Commonwealth PPS instruments that have come into operation before that time.\n\n## Part 3 — Consequential provisions\n\n##### 12. Terms used\n\n(1) In this Part —\n\nCommissioner has the meaning given in the *Chattel Securities Act 1987* section 3(1);\n\nCommonwealth PPS Act has the meaning given in section 3;\n\ncompensation includes damages and any other form of monetary compensation;\n\nPPS Register means the register as defined in the *Personal Property Securities Act 2009* (Commonwealth) section 10;\n\nPPS Registrar means the Registrar as defined in the *Personal Property Securities Act 2009* (Commonwealth) section 10;\n\nPPS transitional matter means any of the following —\n\n(a) the provision of information to the Commonwealth, the PPS Registrar, any other officer of the Commonwealth or any other person for the purpose of assisting the Commonwealth in establishing the PPS Register;\n\n(b) a refusal to exercise a registration function under the *Bills of Sale Act 1899* section 6A, the *Chattel Securities Act 1987* section 3D or the *Co‑operatives Act 2009* Schedule 3 clause 4C;\n\n(c) the administration of this Part;\n\n(d) the exercise of functions under this Part;\n\nRegister Book means the Register Book referred to in the *Bills of Sale Act 1899* section 11(1);\n\nRegistrar has the meaning given in the *Bills of Sale Act 1899* section 5;\n\nRegistrar of Co‑operatives means the Registrar as defined in the *Co‑operatives Act 2009* section 4(1).\n\n(2) If a term is given a meaning in the *Personal Property Securities Act 2009* (Commonwealth), it has the same meaning in this Part.\n\n##### 13. Provision of information to the Commonwealth\n\n(1) The Registrar is specifically authorised to provide the Commonwealth, the PPS Registrar or any other officer of the Commonwealth with such information recorded in, or concerning the use of, the Register Book as the Registrar considers appropriate in order to assist the Commonwealth in establishing the PPS Register.\n\n(2) The Commissioner is specifically authorised to provide the Commonwealth, the PPS Registrar or any other officer of the Commonwealth with such information recorded in, or concerning the use of, the register kept under the *Chattel Securities Act 1987* section 14 as the Commissioner considers appropriate in order to assist the Commonwealth in establishing the PPS Register.\n\n(3) The Registrar of Co‑operatives is specifically authorised to provide the Commonwealth, the PPS Registrar or any other officer of the Commonwealth with such information recorded in, or concerning the use of, the register kept under the *Co‑operatives Act 2009* Schedule 3 clause 18 as that Registrar considers appropriate in order to assist the Commonwealth in establishing the PPS Register.\n\n(4) The Commissioner, Registrar and the Registrar of Co‑operatives may provide the information that they are authorised to provide under this section in whatever form (including by means of electronic data or in a form approved for the purposes of the *Personal Property Securities Act 2009* (Commonwealth)) as they consider appropriate.\n\n(5) The provisions of this section prevail to the extent of any inconsistency with the provisions of any other Act.\n\n##### 14. Compensation not payable in respect of PPS transitional matters\n\n(1) Compensation is not payable by or on behalf of —\n\n(a) the State or an authority of the State; or\n\n(b) an officer, employee or agent of the State,\n\nfor an act or omission that is a PPS transitional matter or that arises (directly or indirectly) from a PPS transitional matter.\n\n(2) Subsection (1) —\n\n(a) applies only in respect of acts done or omitted to be done in good faith; and\n\n(b) does not apply to acts or omissions that cause personal injury to a person or the death of a person.\n\n##### 15. Implied power to make declaration that licence etc. not personal property\n\nA power conferred by an Act on any person or body to make subsidiary legislation that grants or confers, or provides for the granting or conferral of, a licence or other State statutory right as defined in section 3 includes the power to declare that the licence or right is not personal property for the purposes of the *Personal Property Securities Act 2009* (Commonwealth).\n\n##### 16. References to charges and fixed and floating charges\n\n(1) This section applies in relation to a reference to a charge, a fixed charge, or a floating charge, over property in a law of this State, or in a security agreement, but only to the extent that —\n\n(a) the charge referred to has attached to personal property; and\n\n(b) the title to the personal property to which the charge has attached is in the grantor.\n\n(2) This section does not apply in relation to —\n\n(a) the *Personal Property Securities Act 2009* (Commonwealth) section 12(2)(a) and (b) or 19(4); or\n\n(b) 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.\n\n(3) A reference to a charge over property is taken to be a reference to a security interest that has attached to —\n\n(a) a circulating asset; or\n\n(b) personal property that is not a circulating asset.\n\n(4) 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.\n\n(5) 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.\n\n##### 17. Enforcement of and other dealings with PPS security interests restricted in certain circumstances\n\n(1) In this section —\n\norder includes a direction or notice;\n\nPPS security interest means a security interest to which the Commonwealth PPS Act applies (including a transitional security interest);\n\nrelevant State property law means each of the following —\n\n(a) the *Criminal Property Confiscation Act 2000*;\n\n(b) the *Land Administration Act 1997*;\n\n(c) the *Local Government Act 1995*;\n\n(d) the *Rail Safety National Law (WA)*;\n\n(e) the *Residential Parks (Long‑stay Tenants) Act 2006*;\n\n(f) the *Residential Tenancies Act 1987*;\n\n(g) the *Shipping and Pilotage Act 1967*;\n\n(h) the *Warehousemen’s Liens Act 1952*;\n\n(i) the *Western Australian Marine Act 1982* sections 61 to 63C;\n\n(j) 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.\n\n(2) 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 —\n\n(a) 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 —\n\n(i) 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\n\n(ii) 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;\n\nor\n\n(b) 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\n\n(c) in such other circumstances as may be prescribed by the regulations.\n\n(3) This section does not —\n\n(a) affect the meaning or operation of a relevant State property law in its application to interests other than PPS security interests; or\n\n(b) 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 —\n\n(i) a law of the State capable of operating concurrently with the Commonwealth PPS Act; or\n\n(ii) 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\n\n(iii) a law of the State the effect of which is covered by the Commonwealth PPS Act section 258(2);\n\nor\n\n(c) prevent the enforcement of, or other dealings with, a PPS security interest —\n\n(i) by the State or an instrumentality or other agency of the State; or\n\n(ii) by any other person (or person belonging to a class of persons) prescribed by the regulations.\n\n[Section 17 amended: No. 21 of 2015 s. 50; No. 24 of 2023 s. 106; No. 7 of 2024 s. 58.]\n\n##### 18. Bills of sale records\n\n(1) On and from the day on which the *Bills of Sale Act 1899* is repealed, the Register Book kept, bills of sale lodged and affidavits filed under that Act are taken to be a record (the record) kept by the Commissioner as defined in the *Consumer Affairs Act 1971* section 4(1).\n\n(2) A person is entitled to the following —\n\n(a) a copy or extract of a bill of sale lodged or an affidavit filed under the *Bills of Sale Act 1899*;\n\n(b) a copy or extract of a bill of sale or an affidavit certified by the Commissioner to be a true copy,\n\non payment of the prescribed fee, if any.\n\n(3) The Governor may make regulations prescribing fees for the purposes of this section.\n\n(4) This section expires on the last day of the period of 7 years after registration commencement time as defined in the *Personal Property Securities Act 2009* (Commonwealth) section 306(2).\n\n##### 19. Regulations for transitional matters\n\n(1) In this section —\n\ncommencement day means the day on which this Act receives the Royal Assent;\n\nGazettal day means the day on which transitional regulations are published in the *Gazette*;\n\ntransitional matter means any matter of a transitional or savings nature arising from the enactment of the adoption of the relevant version of the Commonwealth PPS Act;\n\ntransitional regulations means regulations under subsection (2).\n\n(2) The Governor may make regulations prescribing all matters that are required, necessary or convenient to be prescribed in relation to a transitional matter.\n\n(3) Transitional regulations can only be made before the end of the period of 12 months beginning on commencement day.\n\n(4) If transitional regulations provide that a state of affairs is to be taken to have existed, or not to have existed, on and from a day (the operative day) that is earlier than Gazettal day, the regulations have effect according to their terms as long as the operative day is not earlier than commencement day.\n\n(5) If transitional regulations contain a provision referred to in subsection (4), the provision does not operate so as to —\n\n(a) affect in a manner prejudicial to any person (other than the State), the rights of that person existing before Gazettal day; or\n\n(b) impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before Gazettal day.\n\n##### 20. Regulations\n\nThe Governor may make regulations prescribing all matters that are required or permitted by this Act to be prescribed, or are necessary or convenient to be prescribed for giving effect to the purposes of this Act.\n\n![]()\n\nNotes\n\nThis is a compilation of the *Personal Property Securities (Commonwealth Laws) Act 2011* and includes amendments made by other written laws. For provisions that have come into operation see the compilation table. For provisions that have not yet come into operation see the uncommenced provisions table.\n\nCompilation table\n\n| **Short title** | **Number and year** | **Assent** | **Commencement** |\n| --- | --- | --- | --- |\n| *Personal Property Securities (Commonwealth Laws) Act 2011* | 41 of 2011 | 4 Oct 2011 | Pt. 1: 4 Oct 2011 (see s. 2(1)(a));   Act other than s. 1, 2, 8(2) and (3) and 16: 5 Oct 2011 (see s. 2(1)(b));   s. 16: 30 Jan 2012 (see s. 2(1)(c) and Cwlth Legislative Instrument No. F2011L02397 cl. 5 registered 21 Nov 2011) |\n| *Rail Safety National Law (WA) Act 2015* Pt. 5 | 21 of 2015 | 17 Sep 2015 | 2 Nov 2015 (see s. 2(b) and *Gazette* 16 Oct 2015 p. 4149) |\n| *Marine Safety (Domestic Commercial Vessel National Law Application) Act 2023* Pt. 10 Div. 3 | 24 of 2023 | 24 Oct 2023 | 21 Dec 2023 (see s. 2(b) and SL. 2023/203 cl. 2(b)) |\n| *Rail Safety National Law Application Act 2024* s. 58 | 7 of 2024 | 26 Mar 2024 | 1 Oct 2024 (see s. 2(b) and SL 2024/193 cl. 2) |\n\n\nUncommenced provisions table\n\nTo view the text of the uncommenced provisions see *Acts as passed* on the WA Legislation website.\n\n| **Short title** | **Number and year** | **Assent** | **Commencement** |\n| --- | --- | --- | --- |\n| *Personal Property Securities (Commonwealth Laws) Act 2011* s. 8(2) and (3) | 41 of 2011 | 4 Oct 2011 | To be proclaimed (see s. 2(1)(d) and 2(2)) |\n\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\nadoption 3\n\namendment reference 3\n\nchattel paper5(4)\n\ncommencement day 19(1)\n\nCommissioner 12(1)\n\nCommonwealth PPS Act 3, 12(1)\n\nCommonwealth PPS instrument 3\n\ncompensation 12(1)\n\ncrops 3\n\nexcluded State statutory right 3\n\nexpress amendment 3\n\nfixtures 3\n\nforfeiture 4(3)\n\nGazettal day 19(1)\n\ngeneral law 3\n\ngoods 3\n\ninterest 3\n\nland 3\n\nlaw of the State 3\n\nlicence 3\n\noperative day 19(4)\n\norder 17(1)\n\npersonal property 3\n\nPPS Register 12(1)\n\nPPS Registrar 12(1)\n\nPPS security interest 17(1)\n\nPPS transitional matter 12(1)\n\nrecord 18(1)\n\nreferred PPS matters 3, 4(1)\n\nregister 3\n\nRegister Book 12(1)\n\nRegistrar 12(1)\n\nRegistrar of Co‑operatives 12(1)\n\nrelevant State property law 17(1)\n\nrelevant version of the Commonwealth PPS Act 3\n\nsecurity interest 3, 5(1)\n\nState statutory right 3\n\ntransferable 3\n\ntransitional matter 19(1)\n\ntransitional regulations 19(1)\n\nwater right 3\n\nwriting 5(4)\n\n© State of Western Australia 2024.\n\nThis work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.\n\nAttribute work as: © State of Western Australia 2024.\n\nBy Authority: GEOFF O. LAWN, Government Printer\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: facilitating WA's entry into the national Personal Property Securities system through constitutional referral and adoption mechanisms. While it contains detailed transitional provisions and protections for existing state laws, these are ancillary to the core purpose rather than scope creep. The Act has not expanded beyond its original intent of harmonizing security interest registration with the Commonwealth scheme."},"complexity_factors":["Multiple nested definitions: 25+ defined terms in section 3 alone, with cross-references between definitions (e.g., 'personal property' excludes 'excluded State statutory right', which depends on 'State statutory right')","Conditional commencement provisions: Different sections commence on different dates (Royal Assent, day after, proclamation, or tied to federal 'registration commencement time')","Constitutional mechanism complexity: Relies on section 51(xxxvii) referrals, requiring understanding of both state and federal constitutional law","Intergovernmental coordination: Must track which provisions of the federal Act are adopted, which are referred, and which remain state law","Sunset and termination mechanisms: Sections 7 and 9 contain elaborate procedural requirements for terminating adoption/references (12-month notice, proclamation requirements, revocation possibilities)","Savings and transitional provisions: Part 3 contains complex rules preserving old state registers, limiting compensation, and managing the shift from state Bills of Sale system to federal PPS Register","Exception layering: Section 17 creates a multi-layered exception system where federal security interests cannot be enforced if inconsistent with specific state property laws, but then creates exceptions to those exceptions","Uncommenced provisions: Sections 8(2) and (3) remain unproclaimed, creating a 'zombie' legislative structure that may or may not ever activate"],"plain_english_summary":"This Western Australian law is essentially a 'handshake agreement' that brings the state into Australia's national system for registering security interests in personal property (things like cars, equipment, stock, and intellectual property—but not land).\n\n**What it does:**\n- **Adopts** the Commonwealth's *Personal Property Securities Act 2009* (PPS Act) into Western Australian law. This means WA agrees to use the federal rules for registering and enforcing security interests.\n- **Refers** certain matters to the Commonwealth Parliament under section 51(xxxvii) of the Constitution (a power that lets states ask the federal government to make laws for them). This allows the federal government to amend the PPS Act in ways that apply to WA.\n- **Protects existing state laws** by ensuring that certain WA laws (like those covering confiscated criminal property, residential tenancies, and maritime liens) can still operate even if they conflict with the federal PPS system.\n- **Helps with the transition** by allowing WA government officials to share registration data with the federal PPS Registrar to set up the national register.\n\n**Who it affects:**\n- **Businesses and lenders** who take security over personal property (like hire-purchase companies, banks, and suppliers who retain title until paid).\n- **Farmers and primary producers** dealing with crops, livestock, and water rights.\n- **Consumers** buying goods subject to finance arrangements.\n- **Government agencies** managing old state registers (like the Bills of Sale Register).\n\n**Why it matters:**\nBefore this law, each state had its own confusing patchwork of rules for registering interests in personal property. This Act joins WA to a single national system, making it easier to know who has a claim over what property. However, it carefully carves out exceptions so that important WA-specific laws (like those protecting tenants or confiscating criminal assets) aren't accidentally overridden by the federal scheme."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act’s core purpose — to adopt the Commonwealth PPS Act and refer PPS matters to the Commonwealth — remains. However subsequent amendments and the compilation show a modest expansion of scope beyond the originally framed referral/adoption: (1) additional WA statutes have been added to the list of \"relevant State property laws\" whose operation can limit enforcement of PPS security interests (see s17 and the compilation entries for 2015, 2023 and 2024), broadening the circumstances where state law can block or constrain PPS enforcement; (2) the Act explicitly anticipates continuing Commonwealth amendment and instruments affecting the PPS Act (s10), which enlarges the practical reach of the adoption beyond a fixed snapshot; and (3) certain referral subsections remain uncommenced (s8(2)–(3)), preserving the possibility of a later change to the set of referred matters. These developments mean the Act has grown from a chiefly administrative adoption instrument into a more dynamic vehicle that coordinates ongoing Commonwealth‑State interaction and carves out specific state protections."},"complexity_factors":["Extensive cross‑referencing to the Commonwealth Personal Property Securities Act 2009 and to multiple Commonwealth instruments (s3, s6, s10).","Approximately 30 defined terms across Parts 2–3 (see Defined terms list), creating tight interpretive dependencies.","Nested conditional and temporal provisions for adoption and termination (s6–11): proclamations, minimum 12‑month delays, revocation limits and parliamentary approval requirements (s2(2), s7, s9).","Multiple exceptions and savings clauses (e.g. exclusions in s4(2), s11(3), s17(3)) and limits to application (s16(2)).","List of specific WA statutes incorporated as \"relevant State property laws\" with scope for regulation to add more (s17(1)(a)–(j)), causing non‑linear applicability across categories of property law.","Transitional regime with a short regulatory window (12 months) and operative‑day validation rules (s19(2)–(5)).","Uncommenced subsections (s8(2) and (3)) that create branching implementation paths and legal uncertainty until proclaimed.","Interplay between state power retention (excluded State statutory rights, s3, s4(2)) and surrender of some powers by reference/adoption — a cross‑jurisdictional constitutional complexity (s8(5), s6).","Amendments over time listed in the compilation table (2015, 2023, 2024) that alter the scope of s17 and other provisions, requiring users to track later statutory history."],"plain_english_summary":"**What this law does (mechanics)**\n\n- Adopts the Commonwealth Personal Property Securities Act 2009 (and its consequential Commonwealth amendments) so that the Commonwealth regime for security interests in personal property operates in Western Australia (s6).  In short: WA opts into the national Personal Property Securities (PPS) framework rather than keeping only state-by-state rules.\n\n- Refers certain personal‑property security matters to the Commonwealth Parliament so that the Commonwealth can make express amendments to the Commonwealth PPS Act in relation to most classes of personal property (s8(1)).  The referral is subject to constitutional limits (s8(5)) and can be terminated by proclamation (s9).\n\n- Gives State officials specific powers and duties to assist the Commonwealth establish the national PPS Register by providing data from existing WA registers (for example, the Bills of Sale Register, chattel securities register and co‑operatives register) (s12(1), s13).  Those officials may provide information in a suitable electronic form (s13(4)).\n\n- Limits the State’s liability for money compensation for acts or omissions that are transitional steps in moving to the national PPS system, provided the act or omission was in good faith and did not cause personal injury or death (s14).\n\n- Allows powers that create licences or other state statutory rights by subsidiary legislation to include a declaration that the licence is not \"personal property\" for the Commonwealth PPS Act (s15).  That is, some licences can be carved out of the PPS system by state instrument.\n\n- Reinterprets references in WA laws and security documents to \"charges\", \"fixed charges\" and \"floating charges\" so they operate as security interests under the Commonwealth PPS model when the charge has attached to personal property and the grantor holds title (s16).\n\n- Limits enforcement and other dealings with PPS security interests where such action would be inconsistent with certain specified WA property laws (for example, confiscation, land administration, local government, various marine, tenancy and warehouse lien laws) or would interfere with applications or orders under those WA laws. The restriction does not prevent the State (or related agencies) from enforcing PPS security interests (s17).\n\n- Preserves and transfers historic Bills of Sale records into the State consumer register framework for a limited transitional period and permits copies to be obtained on payment of any prescribed fee (s18).\n\n- Gives the Governor regulation‑making power for transitional matters (limited to 12 months after commencement) and for other matters necessary to implement the Act (s19–20).\n\n**Who this affects**\n\n- Creditors, secured financiers and buyers of personal property: registration, priority and enforcement of security interests move to the national PPS rules (s6, s16, s17).\n\n- Businesses and individuals holding or dealing in licences and other state statutory rights: some licences may be declared not to be personal property (s15), which affects whether those interests can be used as security.\n\n- WA public officers who operate legacy state registers (Registrars, the Commissioner, Registrar of Co‑operatives): they are authorised to share register data with Commonwealth officers to establish the national PPS Register (s13).\n\n- Parties that might previously have claimed compensation for transitional steps (for example, transfer of records): the State excludes monetary compensation for PPS transitional matters in most cases (s14).\n\n- Anyone enforcing security interests in property that is subject to specified State property laws: enforcement can be restricted where it would conflict with those State laws (s17).\n\n**Why it matters (purpose claims and practical effects)**\n\n- The explicit purpose is to implement the Commonwealth PPS framework in WA and to refer matters to the Commonwealth to allow a single national regime for personal property securities (s6, s8).  That centralisation is intended to create a single national register, uniform priority rules and a single set of registration rules.\n\n- Practical trade‑offs and costs: the shift reduces duplication of state registers and search costs for users, but requires WA officials to transfer data and to cede some law‑making control (s13, s6, s8).  The State also accepts limits on compensation for transitional actions (s14) and permits the Commonwealth PPS Act (as adopted) to be amended or otherwise affected by Commonwealth instruments (s10).  These are concrete shifts of administrative control and legal authority.\n\n- Incentives and behaviour changes: lenders and buyers will rely on the national PPS Register for priority and notice, reducing reliance on separate state searches (s12(1), s13).  But the State retains the ability to protect certain State statutory rights (an excluded State statutory right) from being treated as personal property (s3, s4(2)), and may use subsidiary legislation to declare licences excluded from the PPS regime (s15).  Those carve‑outs change what can be offered as security and affect commercial bargaining.\n\n- Implementation risk and compliance burden: registrars must extract and supply legacy data in an approved form (s13), transitional regulations are time‑limited (s19(3)), and some provisions remain subject to proclamation (s8(2) and (3) uncommenced) which can delay or alter scope.\n\n**Who pays, who decides, and what behaviour changes (short statements)**\n\n- Who pays: the State (and its officers) is generally not required to pay compensation for PPS transitional actions done in good faith (s14).  Private parties continue to bear costs of re‑registration, searches and compliance with the national regime.\n\n- Who decides: the Governor may fix or revoke commencement/termination days for adoption and references by proclamation, but a draft proclamation must first be approved by each House (s2(2), s7(6), s9(6)); registrars and the Commissioner decide what register data to provide to Commonwealth officers (s13); the State may, by subsidiary legislation, decide to declare a licence not to be personal property (s15).\n\n- Behaviour changes: data transfer to a national register (s13); reliance on PPS priorities and enforcement rules instead of some state rules (s6, s16); potential reduction in claims for compensation against the State for transitional steps (s14); altered ability to use licences as collateral where s15 has been used.\n\n**Concrete implementation and legal mechanics to watch**\n\n- Cross‑jurisdictional effects: the Act adopts a Commonwealth statute and allows the Commonwealth to amend or affect its operation (s10). Termination and revocation mechanics are conditional and require parliamentary approval of proclamations (s7, s9).\n\n- Regulatory exceptions: enforcement restrictions are limited to a list of specified WA property laws and any others prescribed by regulation (s17(1)(j), s17(2)).  The State and some prescribed persons remain able to enforce PPS interests despite those restrictions (s17(3)(c)).\n\n- Transitional timing: special transitional regulations can validate prior states of affairs only if made within 12 months of commencement and without prejudicing private rights before Gazettal day (s19(2)–(5)).\n\n**Key sections cited:** adoption (s6); referral (s8); registrars’ information power (s13); compensation exclusion (s14); licence carve‑outs (s15); charge → security interest interpretation (s16); enforcement restrictions (s17); Bills of Sale records (s18); transitional/regulations (s19–20)."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not retrievable. The page has been removed or relocated on the Western Australian Parliament website due to system upgrades. No comparison between original intent and final form is possible."},"complexity_factors":["Insufficient legislative text available to assess true complexity","Personal property securities law is inherently technical and involves interaction between state and federal legal frameworks","The Commonwealth Personal Property Securities Act 2009 itself is highly complex, which would likely flow through to this WA Act","Only a system error page was returned — no substantive legal content could be analysed"],"plain_english_summary":"The Personal Property Securities (Commonwealth Laws) Act 2011 (WA) governs how Western Australia interfaced with the national personal property securities (PPS) regime — the system for recording and enforcing security interests over movable property. It matters to businesses, lenders and government bodies because it determined how Commonwealth PPS rules applied to WA laws and protected financial interests in personal property.\n\nIf you need the text, check the WA legislation site or contact Parliamentary Counsel."}},"importantCases":[],"_links":{"self":"/api/acts/personal-property-securities-commonwealth-laws-act-2011","history":"/api/acts/personal-property-securities-commonwealth-laws-act-2011/history","analysis":"/api/acts/personal-property-securities-commonwealth-laws-act-2011/analysis","conflicts":"/api/acts/personal-property-securities-commonwealth-laws-act-2011/conflicts","importantCases":"/api/acts/personal-property-securities-commonwealth-laws-act-2011/important-cases","documents":"/api/acts/personal-property-securities-commonwealth-laws-act-2011/documents"}}