{"id":"tas:act-2010-015","name":"Personal Property Securities (Commonwealth Powers) Act 2010","slug":"personal-property-securities-commonwealth-powers-act-2010","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"15 of 2010","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176871,"registerId":"tas-tas:act-2010-015-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This Act may be cited as the [Personal Property Securities (Commonwealth Powers) Act 2010](/view/html/inforce/2026-04-12/act-2010-015) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> > (1)  Except as provided in [subsection (2)](#GS2@Gs2@EN) this Act commences on a day to be proclaimed.\n> \n> > (2)  [Section 8(2)](#GS8@Gs2@EN) and [(3)](#GS8@Gs3@EN) commence on a day to be proclaimed and different days may be proclaimed for different provisions.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> In this Act, unless the contrary intention appears –\n> \n> > ***adoption*** means the adoption under [section 6(1)](#GS6@Gs1@EN) ;\n> \n> > ***amendment reference*** means a reference under [section 8(1)](#GS8@Gs1@EN) , [(2)](#GS8@Gs2@EN) or [(3)](#GS8@Gs3@EN) ;\n> \n> > ***Commonwealth PPS Act*** means the [Personal Property Securities Act 2009](/view/html/inforce/2026-04-12/act-2010-999) of the Commonwealth as amended by the [Personal Property Securities (Consequential Amendments) Act 2009](/view/html/inforce/2026-04-12/act-2010-999) of the Commonwealth and the *Personal Property Securities (Corporations and Other Amendments) Act 2010* of the Commonwealth and as in force from time to time;\n> \n> > ***Commonwealth PPS instrument*** means any instrument (whether or not of a legislative character) that is made or issued under the Commonwealth PPS Act;\n> \n> > ***crops*** includes (but is not limited to) the kinds of things that are included in the definition of \"**crops**\" for the purposes of the Commonwealth PPS Act;\n> \n> > ***excluded 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> \n> > ***express 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 or by an instrument under a 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> \n> > ***fixtures*** means goods, other than crops, that are affixed to land;\n> \n> > ***general 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> \n> > ***goods*** 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 Commonwealth PPS Act;\n> \n> > ***interest***, in relation to property, includes a right in the property;\n> \n> > ***land*** includes all estates and interests in land, whether freehold, leasehold or chattel, but does not include goods that are affixed to land;\n> \n> > ***law 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> \n> > ***licence*** 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> > \n> > but does not include an excluded State statutory right;\n> \n> > ***personal property*** means property (including a licence) other than –\n> > \n> > > > (a) land; or\n> > > \n> > > > (b) an excluded State statutory right;\n> \n> > ***referred PPS matters***, in relation to personal property, has the meaning given in [section 4](#GS4@EN) ;\n> \n> > ***register*** means any system for recording interests or information (whether in written or electronic form);\n> \n> > ***relevant version of the Commonwealth PPS Act*** means the [Personal Property Securities Act 2009](/view/html/inforce/2026-04-12/act-2010-999) of the Commonwealth as originally enacted, and as later amended by the [Personal Property Securities (Consequential Amendments) Act 2009](/view/html/inforce/2026-04-12/act-2010-999) of the Commonwealth and the *Personal Property Securities (Corporations and Other Amendments) Act 2010* of the Commonwealth ;\n> \n> > ***security interest*** in personal property has the meaning given in [section 5](#GS5@EN) ;\n> \n> > ***State statutory right*** means a right, entitlement or authority that is granted by or under a law of the State;\n> \n> > ***transferable***, 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> \n> > ***water 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.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Meaning of \"referred PPS matter\"","content":"### 4 Meaning of \"referred PPS matter\"\n\n> > (1)  In this Act –\n> > \n> > > ***referred 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)](#GS4@Gs1@Nd149200953311@Hpa@EN) , 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)](#GS4@Gs2@Hpa@EN) or [(b)](#GS4@Gs2@Hpb@EN) , 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> > \n> > > ***forfeiture*** means confiscation, seizure, extinguishment, cancellation, suspension or any other forfeiture.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Meaning of \"security interest\" in personal property","content":"### 5 Meaning of \"security interest\" in personal property\n\n> > (1)  In this Act –\n> > \n> > > ***security 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> > \n> > > ***chattel 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> > \n> > > ***writing*** 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.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Adoption of Commonwealth PPS Act","content":"### 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](#GS7@EN) as the day on which the adoption is to terminate –\n> > \n> > but no longer.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Termination of adoption","content":"### 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)](#GS7@Gs1@EN) 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)](#GS7@Gs1@EN) , in which case the revoked proclamation is taken (for the purposes of [section 6](#GS6@EN) ) never to have been published.\n> \n> > (4)  A revoking proclamation has effect only if published before the day fixed under [subsection (1)](#GS7@Gs1@EN) .\n> \n> > (5)  The revocation of a proclamation published under [subsection (1)](#GS7@Gs1@EN) does not prevent publication of a further proclamation under that subsection.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Reference of matters","content":"### 8 Reference 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)  The referred PPS matters in relation to fixtures 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 fixtures by making express amendments of the Commonwealth PPS Act.\n> \n> > (3)  The referred PPS matters in relation to transferable 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 such water rights by making express amendments of the Commonwealth PPS Act.\n> \n> > (4)  Except as provided by [subsection (1)](#GS8@Gs1@EN) , the operation of each of [subsections (1)](#GS8@Gs1@EN) , [(2)](#GS8@Gs2@EN) and [(3)](#GS8@Gs3@EN) is not affected by the other subsections.\n> \n> > (5)  The reference of any matter under [subsection (1)](#GS8@Gs1@EN) , [(2)](#GS8@Gs2@EN) or [(3)](#GS8@Gs3@EN) 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)](#GS8@Gs1@EN) , [(2)](#GS8@Gs2@EN) or [(3)](#GS8@Gs3@EN) 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](#GS9@EN) as the day on which the reference is to terminate –\n> > \n> > but not longer.","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Termination of reference","content":"### 9 Termination of reference\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)](#GS9@Gs1@EN) 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)](#GS9@Gs1@EN) , in which case the revoked proclamation is taken (for the purposes of [section 8](#GS8@EN) ) never to have been published.\n> \n> > (4)  A revoking proclamation has effect only if published before the day fixed under [subsection (1)](#GS9@Gs1@EN) .\n> \n> > (5)  The revocation of a proclamation published under [subsection (1)](#GS9@Gs1@EN) does not prevent publication of a further proclamation under that subsection.","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Amendment of Commonwealth law","content":"### 10 Amendment of Commonwealth law\n\n> For 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)](#GS6@Gs1@EN) by provisions of Commonwealth Acts the operation of which is based on any 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)](#GS6@Gs1@EN) 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.","sortOrder":9},{"sectionNumber":"11","sectionType":"section","heading":"Effect of termination of amendment reference before termination of adoption of Commonwealth Act","content":"### 11 Effect of termination of amendment reference before termination of adoption of Commonwealth Act\n\n> > (1)  If the 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 this 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)](#GS11@Gs1@Hpa@EN) that come into operation after the termination; or\n> > > > > \n> > > > > > (ii) provisions referred to in [section 10(b)](#GS10@Hpb@EN) or [(c)](#GS10@Hpc@EN) .\n> \n> > (2)  Accordingly, the amendment reference continues to have effect for the purposes of [subsection (1)](#GS11@Gs1@EN) unless the adoption is terminated.\n> \n> > (3)  [Subsection (1)](#GS11@Gs1@EN) 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)](#GS11@Gs1@EN)  –\n> > \n> > > > (a) the laws referred to in [subsection (1)(a)](#GS11@Gs1@Hpa@EN) include Commonwealth PPS instruments; and\n> > > \n> > > > (b) the reference in [subsection (1)(b)](#GS11@Gs1@Hpb@EN) 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.","sortOrder":10},{"sectionNumber":"12","sectionType":"section","heading":"Administration of Act","content":"### 12 Administration of Act\n\n> Until provision is made in relation to this Act by order under [section 4 of the](/view/html/inforce/2026-04-12/act-1990-004#GS4@EN) [Administrative Arrangements Act 1990](/view/html/inforce/2026-04-12/act-1990-004)  –\n> \n> > > (a) the administration of this Act is assigned to the Minister for Justice; and\n> > \n> > > (b) the department responsible to that Minister in relation to the administration of this Act is the Department of Justice.","sortOrder":11}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The Act itself limits what is referred and adopted: it confines the Commonwealth's power to the defined 'referred PPS matters' and expressly excludes State statutory rights (s4(1)–(2)). It creates temporary adoption and separate, revocable references with prescribed notice periods (s6–9). On the face of the instrument, the scope is defined and constrained by those provisions and does not expand beyond the State Parliament's terms as set out in the Act."},"complexity_factors":["Constitutional mechanism: adoption under s51(xxxvii) via section 6 requires understanding federal referral and adoption processes (s6, s8).","Multiple cross-jurisdictional interactions between State law and the Commonwealth PPS Act, including express amendments and Commonwealth instruments that may affect State operation (s10).","Detailed definitional regime with exclusions (e.g. 'excluded State statutory right', 'personal property', 'fixtures', 'water right') that narrow scope and create interaction points (s3, s4(2)).","Staged and category-specific references (general personal property, fixtures, transferable water rights) that limit what can be amended and how (s8(1)–(3)).","Temporal and revocation rules: proclamation-driven commencement and termination with minimum notice periods and possible revocation alter the legal effect over time (s2, s7, s9).","Transitional effect rules preserving laws made under a terminated reference while the adoption continues, and interaction with Commonwealth instruments, create layering and retrospective-effect issues (s11).","Operational administration and delegated responsibility until further order is made (s12) increases short-term implementation complexity."],"plain_english_summary":"This Act temporarily brings the Commonwealth's Personal Property Securities Act 2009 into State operation and refers specified matters about security interests, registration and enforcement of personal property to the Commonwealth so it can amend the Commonwealth Act to cover them (see s6, s8). It preserves State statutory rights and lets the Governor end the adoption or references with set notice periods, so while in force the Commonwealth can alter how businesses and creditors register, prioritise and enforce interests in personal property (see s4(2), s7–s9)."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"This legislation appears to be operating within its original intended scope. It was designed as a referral and adoption mechanism to support the national Personal Property Securities regime, and it continues to serve that specific constitutional purpose without significant expansion into unrelated areas."},"complexity_factors":["18 defined terms in the interpretation section, many cross-referencing the Commonwealth Act","Dual mechanism structure: both 'adoption' (section 6) and 'reference' (section 8) operating simultaneously","Nested conditional logic in section 8(5) — references only valid if matter not already in Commonwealth power AND is in State power","Multiple termination mechanisms with interdependencies (sections 7, 9, and 11)","Temporal complexity: different commencement dates possible for different provisions (section 2(2)), and fixed periods for adoption/references","Cross-references to external legislation (Commonwealth PPS Act 2009 and amending Acts) that change 'from time to time'","Exception to exception structure in section 4: general definition of 'referred PPS matters' followed by broad exclusion in subsection (2), with carve-outs","Section 11 contains complex savings provisions for when references terminate but adoption continues"],"plain_english_summary":"This is a **State legislation** (likely from Western Australia based on the drafting style and department references) that enables the Commonwealth to regulate security interests in personal property within that State.\n\n**What it does:**\n- **Adopts** the Commonwealth's Personal Property Securities Act 2009 into State law, making it apply as if it were State law\n- **Refers** specific matters to the Commonwealth Parliament under section 51(xxxvii) of the Constitution (the \"referral power\"), allowing the Commonwealth to make laws about security interests in personal property\n- Creates a **two-track system**: the State adopts the existing Commonwealth law, while also referring power to the Commonwealth to make future changes\n\n**Who it affects:**\n- Anyone who takes security over personal property (not land) in the State — banks, finance companies, suppliers who retain title to goods\n- Farmers and businesses dealing with crops, livestock, equipment\n- Anyone dealing with \"fixtures\" (goods attached to land) or water rights\n\n**Key concepts explained:**\n- **Security interest**: When you borrow money and the lender takes rights over your stuff (car, equipment, stock) as collateral\n- **Personal property**: Basically everything you own except land — cars, machinery, intellectual property, crops, business stock\n- **Section 51(xxxvii)**: A part of the Constitution that lets States hand over law-making power to the Commonwealth on specific topics\n\n**Why it matters:**\nBefore this legislation, each State had different rules about security interests. This allows a **national, uniform system** where businesses can register security interests on one national register and know the rules are the same across Australia. Without this State law, the Commonwealth couldn't regulate security interests for non-corporate debtors in that State.\n\n**Important features:**\n- The State can **terminate** the arrangement with 12 months' notice (sections 7 and 9)\n- The referral is **limited** — it doesn't cover everything, and excludes certain State statutory rights\n- **Fixtures and water rights** are handled separately with their own commencement dates"},"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"},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The Act appears to have remained consistent with its original intent — a constitutional referral mechanism to enable national PPS reform. No scope changes are evident from the available text; the law has been in force without substantive amendment since 2010."},"complexity_factors":["Requires understanding of Australian constitutional law — specifically the 'referral of powers' mechanism under section 51(xxxvii) of the Constitution","The Act itself is short and procedural, but its effect depends entirely on understanding the Commonwealth legislation it enables","The concept of 'personal property securities' is unfamiliar to most laypeople and requires explanation","Intergovernmental coordination across multiple states adds background complexity","The practical consequences (PPSR registration, priority disputes, enforcement) sit in the federal Act, not this one"],"plain_english_summary":"This Tasmanian Act refers state power to the Commonwealth so a single national Personal Property Securities Register (PPSR) can be created and governed federally. It replaces separate state registers with one online system for recording security interests in movable property.\n\nThat matters to lenders, businesses using assets as collateral, people buying goods on finance or second‑hand, and insolvency practitioners—making searches, lending and cross‑border commerce simpler and reducing risk of buying encumbered goods."}},"importantCases":[],"_links":{"self":"/api/acts/personal-property-securities-commonwealth-powers-act-2010","history":"/api/acts/personal-property-securities-commonwealth-powers-act-2010/history","analysis":"/api/acts/personal-property-securities-commonwealth-powers-act-2010/analysis","conflicts":"/api/acts/personal-property-securities-commonwealth-powers-act-2010/conflicts","importantCases":"/api/acts/personal-property-securities-commonwealth-powers-act-2010/important-cases","documents":"/api/acts/personal-property-securities-commonwealth-powers-act-2010/documents"}}