{"id":"F2011L02395","name":"Personal Property Securities (Migrated Security Interests and Effective Registration) Determination 2011","slug":"personal-property-securities-migrated-security-interests-and-effective-registration-determination-20","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":88188,"registerId":"commonwealth-F2011L02395-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Personal Property Securities (Migrated Security Interests and Effective Registration) Determination 2011","content":"![Commonwealth Coat of Arms](image.001.png)\n\nPersonal Property Securities (Migrated Security Interests and Effective Registration) Determination 20111\n\nPersonal Property Securities Act 2009\n\nI, DAVID BERGMAN, Registrar of Personal Property Securities, make this Determination under subsections 333 (1) and 337 (2) of the Personal Property Securities Act 2009.\n\nDated 21 November 2011\n\nDAVID BERGMAN\n\nRegistrar of Personal Property Securities\n\n1 Name of Determination\n\nThis Determination is the Personal Property Securities (Migrated Security Interests and Effective Registration) Determination 2011.\n\n2 Commencement\n\nThis Determination commences as follows:\n\n(a) on 21 November 2011 — sections 1 to 4;\n\n(b) at the registration commencement time — section 5.\n\n> Note Registration commencement time is defined in subsection 306 (2) of the Personal Property Securities Act 2009.\n\n3 Definition\n\nIn this Determination:\n\n> Act means the Personal Property Securities Act 2009.\n\n4 Registration using migrated data — registrable personal property\n\n(1) For subsection 333 (1) of the Act, a class of personal property is registrable if subsection (2) or (3) applies.\n\n(2) A class of personal property that is registrable is personal property to which the following apply:\n\n(a) the personal property has been prescribed under paragraph 148 (c) of the Act;\n\n(b) at or after the migration time, but before the registration commencement time:\n\n(i) data relating to the personal property has been given to the Registrar in the approved form; and\n\n(ii) the Registrar has accepted the data.\n\n(3) A class of personal property that is registrable is personal property to which the following apply:\n\n(a) the personal property is subject to a transitional security interest;\n\n(b) the transitional security interest was registered on a transitional register;\n\n(c) the registration of the transitional security interest in relation to the property was effective immediately before the data was given to the Registrar;\n\n(d) registration of the transitional security interest was authorised by the law under which the register was maintained;\n\n(e) at or after the migration time, but before the registration commencement time:\n\n(i) data relating to the personal property has been given to the Registrar in the approved form; and\n\n(ii) the Registrar has accepted the data.\n\n5 Registration effective despite defects\n\n(1) This section applies to the registration of a transitional security interest that includes a defect that would make the registration ineffective, under section 164 or 165 of the Act.\n\n(2) For subsection 337 (2) of the Act, a class of registration is registrations for which the following apply:\n\n(a) the personal property is subject to a transitional security interest;\n\n(b) the transitional security interest was registered on a transitional register;\n\n(c) the registration of the transitional security interest in relation to the property was effective immediately before the data was given to the Registrar;\n\n(d) registration of the transitional security interest was authorised by the law under which the register was maintained;\n\n(e) at or after the migration time, but before the registration commencement time:\n\n(i) data relating to the personal property has been given to the Registrar, in the approved form; and\n\n(ii) the Registrar has accepted the data;\n\n(f) the transitional security interest was registered under subsection 333 (2) of the Act;\n\n(g) the defect is that the financing statement registered by the Registrar included, or omitted to include, data, whether or not the data was recorded in the transitional register.\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_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"This instrument implements and clarifies the transitional registration regime authorised by ss333(1) and 337(2) of the Act. It does not extend the statutory powers but specifies the conditions (timing, Registrar acceptance, and authorised transitional registrations) under which migrated data will produce registrable or effective registrations."},"complexity_factors":["Relies on cross-references to multiple Act provisions (notably ss333(1), 337(2), 164 and 165).","Temporal conditions: actions must occur between the migration time and the registration commencement time.","Multiple cumulative eligibility tests for a migrated interest to be registrable or treated as effective.","Registrar discretion to accept data and thereby trigger effectiveness.","Treatment of defects limited to financing-statement data (including whether data was recorded in transitional registers)."],"plain_english_summary":"**What it does:** This Determination sets which security interests migrated from legacy registers count as registered under the Personal Property Securities Act and makes some migrated registrations effective despite certain defects (see ss4–5). \n\n**Who it affects and why it matters:** It affects secured parties who must supply approved migrated data and the Registrar who accepts it. Secured parties bear the compliance cost of providing correct data; the Registrar decides acceptance and thus whether a migrated interest is treated as effective."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"This Determination remains tightly focused on its original purpose: facilitating the technical migration of security interest registrations from state-based registers to the national PPSR in 2012. It does not expand beyond the transitional arrangements contemplated by the parent Act (which specifically provided for migration in Chapter 9). The instrument is strictly procedural and time-bound, dealing only with the migration period and specific defects arising from data transfer."},"complexity_factors":["Heavy reliance on defined terms from the parent Act (Personal Property Securities Act 2009) without restating them — terms like 'transitional security interest', 'transitional register', 'migration time', 'registration commencement time', and 'financing statement' are assumed knowledge","Nested conditional logic with multiple cumulative requirements (sections 4 and 5 each contain 5-7 conditions that must all be satisfied)","Cross-references to specific subsections of the Act (ss 148(c), 164, 165, 306(2), 333(1), 333(2), 337(2)) requiring external context","Temporal complexity involving three distinct time periods: 'migration time', 'registration commencement time', and the window between them","Technical distinction between subsection 333(2) registrations (prescribed property) and subsection 333(3) registrations (transitional security interests) that is material to section 5","Specific defect carve-out in section 5 that only applies to data inclusion/omission errors in financing statements, not other types of defects"],"plain_english_summary":"This Determination governs the 2012 migration of state-based security registers to the national PPSR. It authorises certain personal property to be registered using data transferred during migration and preserves the legal effect of migrated registrations even if the financing statements contain defects, provided specified conditions are met. It safeguards lenders, businesses, the Registrar and PPSR users by preventing loss of security rights from technical transfer errors."}},"importantCases":[],"_links":{"self":"/api/acts/personal-property-securities-migrated-security-interests-and-effective-registration-determination-20","history":"/api/acts/personal-property-securities-migrated-security-interests-and-effective-registration-determination-20/history","analysis":"/api/acts/personal-property-securities-migrated-security-interests-and-effective-registration-determination-20/analysis","conflicts":"/api/acts/personal-property-securities-migrated-security-interests-and-effective-registration-determination-20/conflicts","importantCases":"/api/acts/personal-property-securities-migrated-security-interests-and-effective-registration-determination-20/important-cases","documents":"/api/acts/personal-property-securities-migrated-security-interests-and-effective-registration-determination-20/documents"}}