{"id":"personal-property-securities-statute-law-revision-and-implementation-act-2010","name":"Personal Property Securities (Statute Law Revision and Implementation) Act 2010","slug":"personal-property-securities-statute-law-revision-and-implementation-act-2010","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":177726,"registerId":"vic-personal-property-securities-statute-law-revision-and-implementation-act-2010-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Personal Property Securities (Statute Law Revision and Implementation) Act 2010","content":"Version No. 006\n\n**Personal Property Securities (Statute Law Revision and Implementation) Act 2010**\n\n**No. 74 of 2010**\n\nVersion incorporating amendments as at  \n3 March 2014\n\n**table of provisions**\n\n*Section Page*\n\nPart 1—Preliminary 1\n\n1 Purposes 1\n\n2 Commencement 1\n\nPart 2—Chattel Securities Act 1987 2\n\n3 Repeal of Part 1 of the **Chattel Securities Act 1987** 2\n\n4 Repeal of certain sections of Part 2 of the **Chattel Securities Act 1987** 2\n\n5 Repeal of Part 3 of the **Chattel Securities Act 1987** 2\n\nPart 3—Co-operatives Act 1996 3\n\nDivision 1—Repeal and provisional registration 3\n\n7 Repeal 3\n\n8 Provisional registration 3\n\nPart 4—Instruments Act 1958 5\n\n15 Repeal 5\n\nPart 5—Provision of Information 6\n\n17 Definitions 6\n\n18 Provision of information for the purposes of the Personal Property Securities Act 2009 of the Commonwealth—**Chattel Securities Act 1987** 6\n\n19 Provision of information for the purposes of the Personal Property Securities Act 2009 of the Commonwealth—**Instruments Act 1958** 7\n\n20 Provision of information for the purposes of the Personal Property Securities Act 2009 of the Commonwealth—Co‑operatives National Law (Victoria) 8\n\n21 Immunity 8\n\nENDNOTES 11\n\n1. General Information 11\n\n2. Table of Amendments 12\n\n3. Explanatory Details 13\n\n**Version No.** **006**\n\n**Personal Property Securities (Statute Law Revision and Implementation) Act 2010**\n\n**No. 74 of 2010**\n\nVersion incorporating amendments as at  \n3 March 2014\n\n**The Parliament of Victoria enacts:**\n\nPart 1—Preliminary\n\n\t1 Purposes\n\nThe purposes of this Act are to revise the statute law of Victoria as a consequence of the enactment of the **Personal Property Securities (Commonwealth Powers) Act 2009** and to provide for the implementation of that Act.\n\n\t2 Commencement\n\n(1) Parts 1 and 5 of this Act come into operation on the day after the day on which this Act receives the Royal Assent.\n\nS. 2(2) amended by No. 36/2011 s. 30(a).\n\n(2) The remaining provisions of this Act come into operation on a day or days to be proclaimed.\n\nS. 2(3) repealed by No. 36/2011 s. 30(b).\n\n* * * * *\n\n__________________\n\nPart 2—Chattel Securities Act 1987\n\nSee:  \nAct No.  \n15/1987.  \nReprint No. 3  \nas at  \n10 May 2007  \nand amending  \nAct Nos  \n74/2007 and 2/2008.  \nLawToday:  \nwww.  \nlegislation.  \nvic.gov.au\n\n\t3 Repeal of Part 1 of the Chattel Securities Act 1987\n\ns. 3\n\nPart 1 of the **Chattel Securities Act 1987** is **repealed**.\n\n\t4 Repeal of certain sections of Part 2 of the Chattel Securities Act 1987\n\nSections 4, 5, 7, 8, 9, 10, 11 and 12 of the **Chattel Securities Act 1987** are **repealed**.\n\n\t5 Repeal of Part 3 of the Chattel Securities Act 1987\n\nPart 3 of the **Chattel Securities Act 1987** is **repealed**.\n\nS. 6 repealed by No. 74/2010 s. 38.\n\n* * * * *\n\n__________________\n\nPart 3—Co-operatives Act 1996\n\nDivision 1—Repeal and provisional registration\n\n\t7 Repeal\n\ns. 7\n\nSee:  \nAct No.  \n84/1996.  \nReprint No. 3  \nas at  \n9 November 2006  \nand amending  \nAct Nos  \n13/2008, 68/2008 and 1/2010.  \nLawToday:  \nwww.  \nlegislation.  \nvic.gov.au\n\n(1) Division 2 of Part 10 of the **Co-operatives Act 1996** is **repealed**.\n\n(2) Schedule 3 to the **Co-operatives Act 1996** is **repealed**.\n\n\t8 Provisional registration\n\n(1) If, before the commencement time, a defective notice in respect of a charge is lodged with the Registrar under clause 19 of Schedule 3 to the **Co‑operatives Act 1996**, clause 21(2) of that Schedule does not apply if the Registrar considers that there is insufficient time between the day on which the notice is lodged and the commencement time for—\n\n(a) the defect to be rectified; or\n\n(b) notice under that subclause to be given.\n\n(2) In this section—\n\n***charge*** has the same meaning as it has in Schedule 3 to the **Co-operatives Act 1996**;\n\n***commencement time*** means the commencement of section 7;\n\n***defective notice*** has the same meaning as it has in Schedule 3 to the **Co-operatives Act 1996**;\n\n***Registrar*** has the same meaning as it has in the **Co-operatives Act 1996**.\n\nPt 3 Div. 2 (Heading and ss 9–14) repealed by No. 74/2010 s. 38.\n\ns. 8\n\n* * * * *\n\n__________________\n\nPart 4—Instruments Act 1958\n\n\t15 Repeal\n\ns. 15\n\nSee:  \nAct No.  \n6279.  \nReprint No. 11  \nas at  \n9 March 2009  \nand amending  \nAct Nos  \n78/2008 and 69/2009.  \nLawToday:  \nwww.  \nlegislation.  \nvic.gov.au\n\n(1) Part VII of the **Instruments Act 1958** is **repealed**.\n\n(2) The Sixth Schedule to the **Instruments Act 1958** is **repealed**.\n\n(3) Part VIII of the **Instruments Act 1958** is **repealed**.\n\n(4) The Seventh Schedule to the **Instruments Act 1958** is **repealed**.\n\n(5) The Eighth Schedule to the **Instruments Act 1958** is **repealed**.\n\nS. 16 repealed by No. 74/2010 s. 38.\n\n* * * * *\n\n__________________\n\nPart 5—Provision of Information\n\n\t17 Definitions\n\ns. 17\n\nIn this Part—\n\n***corresponding Authority*** has the same meaning as it has in the **Chattel Securities Act 1987** as in force immediately before the commencement of section 3 of this Act;\n\n***interstate registrable goods*** has the same meaning as it has in the **Chattel Securities Act 1987** as in force immediately before the commencement of section 3 of this Act;\n\nS. 17 def. of *Registrar* amended by No. 9/2013 s. 42(Sch. 2 item 14(1)).\n\n***Registrar*** has the same meaning as it has in the **Co‑operatives National Law Application Act 2013**;\n\n***Registrar of Personal Property Securities*** has the same meaning as it has in the Personal Property Securities Act 2009 of the Commonwealth;\n\n***Registrar-General*** has the same meaning as it has in the **Instruments Act 1958**;\n\n***Corporation*** has the same meaning as it has in the **Chattel Securities Act 1987** as in force immediately before the commencement of section 3 of this Act.\n\n\t18 Provision of information for the purposes of the Personal Property Securities Act 2009 of the Commonwealth—Chattel Securities Act 1987\n\n(1) The Corporation may provide, or cause to be provided, to the Registrar of Personal Property Securities or to any person employed in the administration of the Personal Property Securities Act 2009 of the Commonwealth, any information contained in the records of the Corporation under Part 3 of the **Chattel Securities Act 1987** that is necessary to give effect to the Personal Property Securities Act 2009 of the Commonwealth, including to assist in the establishment of the Personal Property Securities Register.\n\n(2) The information may be provided—\n\n(a) before, on or after the commencement of section 5; and\n\n(b) in any form the Corporation considers appropriate.\n\n(3) Under subsection (1), the Corporation may disclose particulars or information relating to a security interest in interstate registrable goods only if—\n\n(a) the Corporation held the particulars or information under an arrangement under section 15A of the **Chattel Securities Act 1987** as in force before the commencement of section 5 with a corresponding Authority; and\n\n(b) that corresponding Authority has requested the Corporation to disclose the particulars or information.\n\n\t19 Provision of information for the purposes of the Personal Property Securities Act 2009 of the Commonwealth—Instruments Act 1958\n\ns. 19\n\n(1) The Registrar-General may provide, or cause to be provided, to the Registrar of Personal Property Securities or to any person employed in the administration of the Personal Property Securities Act 2009 of the Commonwealth, any information contained in the records of the Registrar-General's office under Part VII or VIII of the **Instruments Act 1958** that is necessary to give effect to the Personal Property Securities Act 2009 of the Commonwealth, including to assist in the establishment of the Personal Property Securities Register.\n\n(2) The information may be provided—\n\n(a) before, on or after the commencement of section 15; and\n\n(b) in any form the Registrar-General considers necessary.\n\nS. 20 (Heading) amended by No. 9/2013 s. 42(Sch. 2 item 14(2)).\n\n\t20 Provision of information for the purposes of the Personal Property Securities Act 2009 of the Commonwealth—Co‑operatives National Law (Victoria)\n\ns. 20\n\nS. 20(1) amended by No. 9/2013 s. 42(Sch. 2 item 14(3)).\n\n(1) The Registrar may provide, or may cause to be provided, to the Registrar of Personal Property Securities or to any person employed in the administration of the Personal Property Securities Act 2009 of the Commonwealth, any information contained in the records of the Registrar under the Co‑operatives National Law (Victoria) that is necessary to give effect to the Personal Property Securities Act 2009 of the Commonwealth, including to assist in the establishment of the Personal Property Securities Register.\n\n(2) The information may be provided—\n\n(a) before, on or after the commencement of section 7; and\n\n(b) in any form the Registrar considers necessary.\n\n\t21 Immunity\n\nThe State or the Corporation, or an officer, employee or agent of the State or the Corporation, is not liable for anything done or omitted to be done in good faith by the State, the Corporation or the officer, employee or agent—\n\n(a) in the exercise of a power or the discharge of a duty under section 18, 19 or 20 of this Act or section 41 of the **Chattel Securities Act 1987**; or\n\n(b) in the reasonable belief that the act or omission was in the exercise of a power or the discharge of a duty under section 18, 19 or 20 of this Act or section 41 of the **Chattel Securities Act 1987**.\n\ns. 21\n\n__________________\n\nPts 6–9 (Headings and ss 22–38) repealed by No. 74/2010 s. 38.\n\n* * * * *\n\ns. 22\n\nSch. repealed by No. 74/2010 s. 38.\n\n* * * * *\n\n\n\nENDNOTES\n\nEndnotes\n\n1. General Information\n\n\n *Minister's second reading speech—*\n\n *Legislative Council: 29 July 2010*\n\n *Legislative Assembly: 2 September 2010*\n\nThe long title for the Bill for this Act was \"A Bill for an Act to revise the statute law of Victoria as a consequence of the enactment of the **Personal Property Securities (Commonwealth Powers) Act 2009**, to provide for the implementation of that Act and for other purposes.\"\n\nThe **Personal Property Securities (Statute Law Revision and Implementation) Act 2010** was assented to on 19 October 2010 and came into operation as follows:\n\nPart 1 (sections 1, 2) and Part 5 (sections 17–21) on 20 October 2010: section 2(1); sections 8, 12–14 on 1 January 2012: Special Gazette (No. 423) 21 December 2011 page 3; rest of Act on 30 January 2012: Special Gazette (No. 423) 21 December 2011 page 1.\n\n1. Table of Amendments\n\n\nThis Version incorporates amendments made to the **Personal Property Securities (Statute Law Revision and Implementation) Act 2010** by Acts and subordinate instruments.\n\nEndnotes\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n**Personal Property Securities (Statute Law Revision and Implementation) Act 2010, No. 74/2010**\n\n| Assent Date: | 19.10.10 |\n| --- | --- |\n| Commencement Date: | S. 38 on 1.12.12: s. 38 |\n| Current State: | This information relates only to the provision/s amending the **Personal Property Securities (Statute Law Revision and Implementation) Act 2010** |\n\n\n**Consumer Acts Amendment Act 2011, No. 36/2011**\n\n| Assent Date: | 23.8.11 |\n| --- | --- |\n| Commencement Date: | S. 30 on 24.8.11: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Personal Property Securities (Statute Law Revision and Implementation) Act 2010** |\n\n\n**Co-operatives National Law Application Act 2013, No. 9/2013**\n\n| Assent Date: | 13.3.13 |\n| --- | --- |\n| Commencement Date: | S. 42(Sch. 2 item 14) on 3.3.14: Special Gazette (No. 46) 18.2.14 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Personal Property Securities (Statute Law Revision and Implementation) Act 2010** |\n\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n1. Explanatory Details\n\n\nEndnotes\n\nNo entries at date of publication.","sortOrder":0}],"analysis":{"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 true to its original intent as a statute law revision and implementation measure. It is a consequential amendments Act designed to align Victorian law with the Commonwealth personal property securities framework — a well-defined and bounded purpose that does not suggest scope creep or significant departure from original design."},"complexity_factors":["Requires background understanding of the national Personal Property Securities Act 2009 (Cth) to fully appreciate its purpose","Statute law revision Acts amend multiple other Acts simultaneously, requiring cross-referencing across legislation","Technical legal concepts (security interests, priorities, registration) underpin the subject matter","Limited publicly available detail in the provided text about specific provisions amended, making full analysis difficult","Interplay between Commonwealth and Victorian (state) law involves constitutional and cooperative federalism considerations","Low complexity offset: the Act is largely mechanical/housekeeping rather than introducing novel legal principles"],"plain_english_summary":"This is a housekeeping statute aligning Victorian laws with the Commonwealth’s Personal Property Securities Act 2009, which created a single national register for security interests in personal property (eg, cars, business assets). It makes technical and consequential fixes so state rules don’t conflict with the national scheme. Affects lenders, buyers/sellers of financed goods, lawyers and ordinary purchasers; it ensures clear, consistent priority and fewer disputes on secured assets."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: facilitating Victoria's transition to the Commonwealth Personal Property Securities regime by repealing superseded state registration schemes and enabling data migration. While amendments have updated references (e.g., to the Co-operatives National Law), these are technical updates maintaining the original scope rather than expanding it."},"complexity_factors":["Short statute (only 21 sections, with many repealed)","Straightforward structure: preliminary provisions, repeals of three old Acts, information-sharing provisions, and immunity clause","Minimal defined terms (only 6 definitions in section 17)","No nested conditional logic or complex cross-referencing beyond simple references to repealed provisions","Primarily mechanical in nature—repealing old laws and enabling data transfer","Single transitional provision (section 8) dealing with defective notices, with clear definitions"],"plain_english_summary":"This Victorian law is a 'clean-up' Act that tidies up old state laws to make way for a new national system for registering security interests in personal property (things like cars, equipment, and company assets that aren't land).\n\n**What it does:**\n- **Repeals (cancels)** old Victorian registration schemes that used to record charges and security interests over personal property. Specifically, it scraps parts of three old laws:\n  - The *Chattel Securities Act 1987* (which dealt with bills of sale and security interests in goods)\n  - The *Instruments Act 1958* (Parts VII and VIII, which covered bills of sale and stock mortgages)\n  - The *Co-operatives Act 1996* (provisions about registering charges against co-operatives)\n\n- **Allows information sharing** between Victorian government offices and the new Commonwealth Personal Property Securities Register. This ensures historical records from the old state systems can be transferred to the new national register so nothing gets lost in the transition.\n\n- **Provides legal protection** (immunity) for government officers who share this information in good faith, so they can't be sued for doing their job during the handover.\n\n**Who it affects:**\n- Businesses that had registered security interests under the old Victorian systems\n- Lenders (like banks) who took security over personal property\n- Co-operatives that had registered charges\n- Government agencies managing the transition to the national register\n\n**Why it matters:**\nBefore 2012, each Australian state and territory had its own separate system for registering security interests in personal property. This was messy and created uncertainty for businesses operating across borders. This Act helps Victoria move to the national *Personal Property Securities Act 2009* (Commonwealth), creating one single, searchable national register. This makes it easier for businesses to check if someone else already has a claim over an asset (like a car or machinery) before buying or lending against it."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The Act narrows Victoria's regulatory role over personal property security registration by repealing state registration provisions and enabling transfer of registry data to the Commonwealth Personal Property Securities Register (ss 3–5, 15, 18–20). It preserves limited transitional arrangements (s 8) and grants immunity for good‑faith disclosures (s 21), effectively shifting registration functions and compliance obligations from state law to the Commonwealth framework."},"complexity_factors":["Multiple targeted repeals across several legacy Acts (Chattel Securities Act 1987; Instruments Act 1958; Co‑operatives Act 1996) creating cross‑references and transitional issues (ss 3–5, 7, 15).","Cross‑jurisdictional implementation: state provisions interact with the Commonwealth Personal Property Securities Act 2009 and rely on interstate coordination and requests (ss 18–20).","Information‑sharing powers grant discretion over timing and form of disclosure, and exemptions depend on prior inter‑authority arrangements (ss 18(2)–(3), 19(2), 20(2)).","Transitional/provisional registration rules for defective notices require administrative judgment about time to rectify defects (s 8).","Immunity for State bodies and officers for good‑faith acts or omissions narrows legal risk but raises reliance on subjective 'reasonable belief' standards (s 21).","Staged and proclaimed commencement dates increase implementation sequencing complexity (s 2)."],"plain_english_summary":"This Act revises Victorian law to implement the Commonwealth Personal Property Securities regime. It repeals key state registration provisions (Chattel Securities, parts of the Instruments and Co‑operatives Acts) and enables transfer or disclosure of state registry records to the Commonwealth Personal Property Securities Register (ss 3–5, 15, 18–20). It affects businesses with security interests and state registrars: they must migrate records or allow disclosure, and the State and officers receive limited immunity for good‑faith disclosures (s 21). The law shifts who decides on registration and increases administrative compliance and data‑sharing duties."}},"importantCases":[],"_links":{"self":"/api/acts/personal-property-securities-statute-law-revision-and-implementation-act-2010","history":"/api/acts/personal-property-securities-statute-law-revision-and-implementation-act-2010/history","analysis":"/api/acts/personal-property-securities-statute-law-revision-and-implementation-act-2010/analysis","conflicts":"/api/acts/personal-property-securities-statute-law-revision-and-implementation-act-2010/conflicts","importantCases":"/api/acts/personal-property-securities-statute-law-revision-and-implementation-act-2010/important-cases","documents":"/api/acts/personal-property-securities-statute-law-revision-and-implementation-act-2010/documents"}}