{"id":"F2018L01001","name":"Personal Property Securities (Fees) Determination 2018","slug":"personal-property-securities-fees-determination-2018","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":97698,"registerId":"commonwealth-F2018L01001-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Personal Property Securities (Fees) Determination 2018","content":"![Commonwealth Coat of Arms](image.001.png)\n\nPersonal Property Securities (Fees) Determination 2018\n\nPersonal Property Securities Act 2009\n\nI, CHRISTIAN PORTER, Attorney-General, make this Determination under section 190 of the Personal Property Securities Act 2009.\n\nDated 28 June 2018\n\nCHRISTIAN PORTER\n\nAttorney-General\n\nContents\n\nPart 1 Preliminary\n\n1 Name of Determination 3\n\n2 Commencement and repeal of earlier determination 3\n\n3 Definitions 3\n\nPart 2 Fees\n\n4 Registration and search fees 4\n\n5 Maintenance fees 5\n\n6 Reports by the Registrar 5\n\n7 Remitting fees 5\n\nPart 3 Arrangements\n\n8 Arrangement for monthly payment in arrears 6\n\n9 Arrangement for payment for reports 6\n\nPart 1 Preliminary\n\n1 Name of Determination\n\nThis Determination is the Personal Property Securities (Fees) Determination 2018.\n\n2 Commencement and repeal of earlier determination\n\nThis Determination commences on 1 August 2018. The Personal Property Securities (Fees) Determination 2015 is repealed by the commencement of this Determination.\n\n3 Definitions\n\nIn this Determination:\n\n> Act means the Personal Property Securities Act 2009.\n\n> contact centre means the place at which the Commonwealth, on the request of a person, submits applications under the Act in an electronic form on behalf of the person.\n\n> Note Several other words and expressions used in this Determination have the meaning given by section 10 of the Act, for example:\n\n> Note:  collateral\n\n> Note:  financing change statement\n\n> Note:  financing statement\n\n> Note:  grantor\n\n> Note:  registration time\n\n> Note:  serial number\n\n> Note:  verification statement.\n\nPart 2 Fees\n\n4 Registration and search fees\n\n(1) For subsection 190 (1) of the Act, the fee for a matter listed in an item of the table in this section:\n\n(a) is as listed in column 3 of the item; or\n\n(b) if subsection (2) applies in relation to the matter — is the contact centre fee listed in column 4 of the item.\n\n(2) For paragraph (1) (b), the contact centre fee will apply in relation to a matter if a person who makes an application under items 9 – 13 of the table requests the contact centre to submit the application in an electronic form on the person’s behalf.\n\n| Item | Matter                                                                                                                                                                                                                                                                        | Fee ($) | Contact centre fee($) |\n| ---- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ------- | --------------------- |\n| 1    | To apply under subsection 150 (1) of the Act to register a financing statement that has no end time                                                                                                                                                                           | 115.00  | N/A                   |\n| 2    | To apply under subsection 150 (1) of the Act to register a financing statement with an end time of up to the end of the day 7 years after the registration time                                                                                                               | 6.00    | N/A                   |\n| 3    | To apply under subsection 150 (1) of the Act to register a financing statement with an end time of:(a) more than the end of the day 7 years after the registration time; and(b) up to the end of the day 25 years after the registration time                                 | 25.00   | N/A                   |\n| 4    | To apply under subsection 150 (2) of the Act to register a financing change statement that amends a financing statement that has no end time to include an additional grantor                                                                                                 | 115.00  | N/A                   |\n| 5    | To apply under subsection 150 (2) of the Act to register a financing change statement that amends a financing statement that has an end time of up to the end of the day 7 years after the registration time to:(a) extend the end date; or(b) include an additional grantor. | 6.00    | N/A                   |\n| 6    | To apply under subsection 150 (2) of the Act to register a financing change statement that amends a financing statement that has an end time of:(a) more than the end of the day 7 years after the registration time; and                                                     | 25.00   | N/A                   |\n|      | (b) before the end of the day 25 years after the registration time                                                                                                                                                                                                            |         |                       |\n| 7    | To apply under subsection 150 (2) of the Act to register a financing change statement that amends a financing statement if the amendment does not extend the end date or include an additional grantor                                                                        | 0.00    | N/A                   |\n| 8    | To attach, in an application mentioned in any of items 1 to 7, a document to a financing statement or a financing change statement                                                                                                                                            | N/A     | N/A                   |\n| 9    | To apply under subsection 170 (1) of the Act to search the register using a grantor’s details                                                                                                                                                                                 | 2.00    | 7.00                  |\n| 10   | To apply under subsection 170 (1) of the Act to search the register using the serial number by which collateral has been described                                                                                                                                            | 2.00    | 7.00                  |\n| 11   | To apply under subsection 170 (1) of the Act to search the register using the unique identifier allocated to a registered financing statement                                                                                                                                 | 2.00    | 7.00                  |\n| 12   | To apply under subsection 170 (1) of the Act to search the register using the unique identifiers allocated to two registered financing statements                                                                                                                             | 2.00    | 7.00                  |\n| 13   | To apply under subsection 170 (1) of the Act to search the register using an earlier nominated time as the search criteria                                                                                                                                                    | 2.00    | 7.00                  |\n| 14   | To request, in an application under subsection 170 (1) of the Act, for written search results in relation to a previously conducted search of the Register by the applicant                                                                                                   | 0.00    | N/A                   |\n| 15   | To apply under paragraph 175 (b) of the Act for a copy of a verification statement                                                                                                                                                                                            | 0.00    | N/A                   |\n\n5 Maintenance fees\n\nFor subsection 190(1) of the Act, the fee to apply under subsection 168 (1) of the Act for the maintenance of a registration is $4.00.\n\n6 Reports by the Registrar\n\nFor subsection 190 (1) of the Act, the fee to apply under subsection 176 (1) of the Act to obtain a report mentioned in item 2 of the table in section 4 of the Personal Property Securities (Reports) Determination 2011, is calculated at the rate of $300 for each hour, or part of an hour, of preparation of the report.\n\n7 Remitting fees\n\nDespite sections 4, 5 and 6, the Registrar may remit, in whole or in part, the fees payable by the Commonwealth, or a State or Territory government.\n\nPart 3 Arrangements\n\n8 Arrangement for monthly payment in arrears\n\n(1) For subsection 190 (4) of the Act, an arrangement is that fees for transactions conducted with the registry by a person during a month are payable in arrears on the receipt by the person of the statement of summary of transactions, entitled PPSR statement/invoice, for the fees.\n\n(2) The Registrar may, for fees payable under the arrangement, approve an amount that may be incurred under the arrangement.\n\n9 Arrangement for payment for reports\n\nFor subsection 190 (4) of the Act, an arrangement is that the fee to obtain the report mentioned in section 6 is payable on the receipt by the applicant of an invoice for the fee.\n\n> Note\n\n> Note: 1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003.See http://www.frli.gov.au.","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This Determination updates and replaces the 2015 fees schedule but remains a standard fees instrument for the operation of the PPSR. It does not expand the statutory functions of the register or create new regulatory powers beyond setting prices, prescribing payment arrangements, and allowing limited remission. In short, it updates fees and payment mechanics rather than changing the substantive scope or objectives of the Personal Property Securities regime."},"complexity_factors":["15 separate fee items in the registration/search table (section 4 table)","Cross-references to multiple Act provisions (ss 150, 168, 170, 176, 190) requiring users to consult the Act for full meaning (section 3 and multiple sections)","Defined-term reliance on the Act’s s10 definitions (section 3) rather than restating terms","Conditional contact-centre fee that applies only for specific items (section 4(2); items 9–13)","Variable/uncapped hourly charge for Registrar-prepared reports ($300 per hour or part hour) introduces non-linear cost (section 6)","Discretionary remittance power for government entities (section 7) introduces administrative variability","Payment-arrangement provisions with approval of an invoiced-amount cap create a credit/administration control (section 8(2))","Replacement/repeal of the earlier 2015 determination (section 2)"],"plain_english_summary":"**What this instrument does (mechanically)**\n\n- Replaces the earlier 2015 PPS fees determination and commences on 1 August 2018 (section 2).\n- Sets the dollar fees charged for specific transactions on the Personal Property Securities Register (PPSR): registering financing statements and change statements, searching the register, maintenance of registrations, and obtaining Registrar-prepared reports (section 4, 5, 6).\n- Lists 15 discrete fee items for registration and search activity (section 4, table). Examples: a financing statement with no end time = $115 (item 1); registrations with an end time up to 7 years = $6 (item 2); registrations with end time >7 up to 25 years = $25 (item 3). Search queries using grantor, serial number, or unique identifier are $2 each if made directly, or $7 if made through the Commonwealth’s contact centre for items 9–13 (items 9–13).\n- Maintenance of a registration under s168(1) of the Act costs $4 (section 5).\n- Formal reports prepared by the Registrar are charged at $300 per hour, or part hour, for preparation (section 6).\n- The Registrar may remit (waive or reduce) fees owed by the Commonwealth or a State or Territory (section 7).\n- Establishes two payment arrangements: (a) fees for a month’s registry transactions can be invoiced and payable in arrears on receipt of a PPSR statement/invoice; the Registrar may approve the maximum amount that can be incurred under that arrangement (section 8); and (b) fees for Registrar-prepared reports are payable on receipt of an invoice (section 9).\n\n**Who pays and who decides**\n\n- The person (or organisation) who makes the particular PPSR application or requests the search/report pays the fee (see fee items in section 4, section 5, section 6).\n- The Commonwealth contact centre may lodge applications on behalf of users; a higher contact-centre fee applies to certain search requests when the contact centre is used (section 4(2), items 9–13).\n- The Registrar decides whether to remit fees for government entities (section 7) and can approve credit/limit amounts for monthly arrears arrangements (section 8(2)).\n\n**Official purpose-claims and a practical test of those claims**\n\n- The instrument is presented as a schedule of fees to operate the PPSR. That is a standard administrative function: set transaction prices for use of the register (whole Determination).\n\nTesting that claim against concrete mechanics and incentives:\n\n- Cost recovery and service pricing: charging per-registration and per-search ($2 or $7) appears aimed at recovering operating costs and creating price signals about use (section 4). The $300/hr charge for bespoke reports produces a high marginal price for non-standard work (section 6).\n  - Trade-off: low per-transaction fees (e.g. $2 or $6) keep barrier to entry for basic registrations/searches small, but the report hourly rate puts a heavy price on customised Registrar effort.\n\n- Behavioural incentives: the higher contact-centre search fee ($7) compared with the direct-search fee ($2) creates a clear incentive to use the register’s electronic self-service channels rather than rely on someone lodging on the applicant’s behalf (section 4(2), items 9–13).\n\n- Distribution of costs and concentrated benefits: commercial registrants or credit providers who lodge and search in volume will pay the fees repeatedly; small businesses making occasional filings face modest absolute costs but proportionally larger administrative overhead (fee table, section 4; maintenance fee in section 5).\n\n- Bureaucratic discretion and implementation risk: the Registrar’s power to remit fees for government entities (section 7) and to approve credit limits for monthly arrears (section 8(2)) introduces administrative discretion that affects who actually bears fees and the Registrar’s credit exposure. The Determination does not prescribe criteria for those exercises of discretion, which creates operational flexibility but regulatory uncertainty for users who might expect uniform treatment.\n\n- Compliance burden and opportunities for substitution: fees raise the marginal cost of using the register (registration, changes, searches). That can alter behaviour: users may (a) prefer longer-duration registrations if incremental fees differ by end-time banding (items 2–3, items 5–6), (b) reduce discretionary searches or use automated tools to avoid contact-centre charges, or (c) bundle documentation where attachments are free (item 8 indicates no fee for attaching documents).\n\n- Effects on private enterprise and competition: fees are transaction costs rather than regulatory limits. They do not stop parties contracting or registering security interests but increase the cost of doing so. The different prices for electronic self-service versus contact-centre-assisted submissions favour firms that adopt electronic workflows (section 4(2)). The $300/hr report charge discourages frequent reliance on bespoke Registrar-prepared outputs.\n\n**Practical implementation notes**\n\n- The Determination cross-refers to multiple provisions of the Personal Property Securities Act 2009 (notably ss 150, 168, 170, 176, 190) and adopts some defined terms from the Act (see section 3). That means users must read the Act to understand precisely which actions attract each fee.\n\n- The instrument allows monthly invoicing in arrears (useful for high-volume commercial users) but leaves the Registrar discretion to set allowable exposure under that arrangement (section 8).\n\n**Net takeaways (mechanical and incentive effects)**\n\n- It sets modest flat fees for standard filings and searches, higher contact-centre search fees to encourage direct electronic use, a small maintenance fee, and a relatively high hourly rate for bespoke Registrar reports.\n- The Determination contains administrative discretions (fee remission for governments, approval of credit limits) that can soften or alter the headline fees in practice.\n\n(References: sections 2–9 and the fee table in section 4.)"},"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"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This is a straightforward fees determination that performs exactly its intended function: setting out the costs for using the PPSR system. It replaces an earlier 2015 determination with updated fee amounts but does not expand beyond the original scope of fee-setting under section 190 of the Personal Property Securities Act 2009."},"complexity_factors":["Short document (9 sections, ~3 pages)","Simple tabular structure for fee schedule (15 items)","Only 2 defined terms in the instrument itself (relies on parent Act for others)","Straightforward conditional logic (contact centre fee only applies to items 9-13 if requested)","No nested exceptions or complex cross-referencing beyond basic references to the parent Act","Clear separation between standard fees, contact centre fees, and special arrangements"],"plain_english_summary":"The instrument sets the user fees for Australia’s Personal Property Securities Register (PPSR), charging modest amounts for registering and searching security interests and offering options like maintenance fees, custom report rates, fee waivers for governments, and monthly billing for high‑volume users. \n\nIt affects lenders, lessors, buyers of second‑hand goods and government agencies — essentially the price list for accessing and maintaining secured‑lending records that protect creditors and warn purchasers."}},"importantCases":[],"_links":{"self":"/api/acts/personal-property-securities-fees-determination-2018","history":"/api/acts/personal-property-securities-fees-determination-2018/history","analysis":"/api/acts/personal-property-securities-fees-determination-2018/analysis","conflicts":"/api/acts/personal-property-securities-fees-determination-2018/conflicts","importantCases":"/api/acts/personal-property-securities-fees-determination-2018/important-cases","documents":"/api/acts/personal-property-securities-fees-determination-2018/documents"}}