11Detention of ships and holding of security over them: exclusion of matters from operation of Commonwealth Act

11 Detention of ships and holding of security over them: exclusion of matters from operation of Commonwealth Act

11 Detention of ships and holding of security over them: exclusion of matters from operation of Commonwealth Act

(1) The exercise, while a ship is compulsorily detained under this Act, of a right of seizure created by the Commonwealth Act is declared to be an excluded matter for the purposes of section 259 of the Commonwealth Act in relation to section 123 of that Act.

(2) The priority given to interests (within the meaning of the Commonwealth Act) by Division 2 of Part 2.6 of the Commonwealth Act, to the extent that it would give priority to such an interest over a statutory State interest in a ship, is declared to be an excluded matter for the purposes of section 259 of the Commonwealth Act in relation to Division 2 of Part 2.6 of that Act.

(3) In this section—

Commonwealth Act means the Personal Property Securities Act 2009 of the Commonwealth.

compulsorily detained under this Act, in relation to a ship, means the detention of the ship under section 176, 186, 208, 221 or 237 of this Act.

right of seizure created by the Commonwealth Act means a right under section 123 of the Commonwealth Act of a secured party (within the meaning of that Act) to seize collateral in the form of a ship.

statutory State interest means an interest of the Minister under a security provided in compliance with section 186, 208, 223 or 237 of this Act.

Note.

New South Wales has referred certain matters relating to security interests in personal property to the Commonwealth, which means that the Commonwealth Parliament has power under section 51(xxxvii) of the Commonwealth Constitution to make laws in respect of those matters. The Commonwealth Parliament passed the Personal Property Securities Act 2009. Normally a law of the Commonwealth prevails over a State law to the extent of any inconsistency between them (see section 109 of the Commonwealth Constitution). However, section 259 of the Personal Property Securities Act 2009 of the Commonwealth provides that a law of a referring State can declare a matter to be an excluded matter for the purposes of that section. If that is done, the Personal Property Securities Act 2009 does not apply in relation to the excluded matter. This section excludes certain matters in relation to certain provisions of the Commonwealth Act.