Personal Property Securities (Ancillary Provisions) Act 2010
In ForceQLD
Jurisdiction
Queensland
Act Number
44 of 2010
Collection
act
Plain English Summary
5/10 complexity
Mechanically, this Act repeals several Queensland registration laws and moves relevant registration functions and data to the national Personal Property Securities (PPS) register. It authorises the chief executive to provide Queensland register information to the Commonwealth (including electronic transfers), preserves certain pre-repeal rights and proceedings, prevents the chief executive dealing with late state-era applications (requiring refunds), and protects officials from civil liability for honest, non-negligent acts while shifting liability to the State. It affects lenders, borrowers, lienors, registrars and anyone with pre-existing registered interests.
This instrument repeals three historic Queensland Acts and provides transitional machinery to move corresponding registers, rights and processes to a new regime centred on the Personal Property Securities (PPS) framework. Mechanically, it:
Authorises the Queensland chief executive to provide register data and use information to assist the Commonwealth PPS registrar establish the PPS register, in any form the chief executive considers appropriate, including electronic data or an approved form under the PPS Act, and makes that power effective despite any other Act or law (s 6(1)-(3)).
Provides indemnities and shifts residual civil liability to the State where officials act honestly and without negligence in giving information or performing continued functions under repealed Acts (ss 7(1)-(2), 25(1)-(2), 47(1)-(2), 63(1)-(2) and similar provisions across divisions).
Repeals the Bills of Sale and Other Instruments Act 1955 (No. 16), the Liens on Crops of Sugar Cane Act 1931 (No. 37) and the Motor Vehicles and Boats Securities Act 1986 (No. 24) (secs 12, 35, 49).
For each repeal, preserves certain provisions of the repealed Act for transitional purposes, defines “existing Act” as the repealed statute, and carries over defined meanings where used in the transitional division (for example, ss 13, 36, 50 and ss 14, 37, 51).
Establishes a firm operational cut‑off, referenced repeatedly as the “application closing time”: for many categories of post‑closing applications or requests (registration, renewal, assignment, discharge, change of particulars, registration of confiscation orders), the chief executive cannot deal with the application after that time and must refund accompanying fees (see, for example, ss 16, 18-20, 22, 39, 41-43, 45, 53-57).
Current sections
Direct links to the current provisions in Personal Property Securities (Ancillary Provisions) Act 2010.
62
ch.2-pt.1
General
General
sec.6
Giving of information to PPS registrar
sec.6 Giving of information to PPS registrar
The chief executive is authorised to give the Commonwealth, the PPS registrar or any other officer of the Commonwealth information recorded in, or concerning the use of, a Queensland register that the chief executive considers appropriate in order to assist the PPS registrar to establish the PPS register.
The chief executive may give the information in whatever form the chief executive considers appropriate including by means of electronic data or in an approved form under the PPS Act .
This section applies despite any other Act or law.
(sec.6-ssec.1) The chief executive is authorised to give the Commonwealth, the PPS registrar or any other officer of the Commonwealth information recorded in, or concerning the use of, a Queensland register that the chief executive considers appropriate in order to assist the PPS registrar to establish the PPS register.
(sec.6-ssec.2) The chief executive may give the information in whatever form the chief executive considers appropriate including by means of electronic data or in an approved form under the PPS Act .
(sec.6-ssec.3) This section applies despite any other Act or law.
sec.7
Protection from liability
sec.7 Protection from liability
An official does not incur civil liability for an act done, or omission made, honestly and without negligence in relation to the giving of information under section 6 .
If subsection (1) prevents a civil liability attaching to an official, liability attaches instead to the State.
In this section—
official means—
the chief executive; or
an officer or employee of the department; or
a public service employee to whom the chief executive delegated powers under a Queensland register Act.
(sec.7-ssec.1) An official does not incur civil liability for an act done, or omission made, honestly and without negligence in relation to the giving of information under section 6 .
(sec.7-ssec.2) If subsection (1) prevents a civil liability attaching to an official, liability attaches instead to the State.
(sec.7-ssec.3) In this section— official means— the chief executive; or an officer or employee of the department; or a public service employee to whom the chief executive delegated powers under a Queensland register Act.
(a) the chief executive; or
(b) an officer or employee of the department; or
(c) a public service employee to whom the chief executive delegated powers under a Queensland register Act.
sec.8
Delegation
sec.8 Delegation
The chief executive may delegate the chief executive’s powers under this Act to an appropriately qualified officer or employee of the department.
In this section—
appropriately qualified includes having the qualifications, experience or standing appropriate to exercise the power.
(sec.8-ssec.1) The chief executive may delegate the chief executive’s powers under this Act to an appropriately qualified officer or employee of the department.
(sec.8-ssec.2) In this section— appropriately qualified includes having the qualifications, experience or standing appropriate to exercise the power.
sec.9
Regulation-making power
sec.9 Regulation-making power
The Governor in Council may make regulations under this Act.
Without limiting subsection (1) , a regulation may be made about the fees payable under this Act and the matters for which the fees are payable.
(sec.9-ssec.1) The Governor in Council may make regulations under this Act.
(sec.9-ssec.2) Without limiting subsection (1) , a regulation may be made about the fees payable under this Act and the matters for which the fees are payable.
ch.2-pt.2
Transitional provisions
Transitional provisions
sec.10
Proceedings
sec.10 Proceedings
A proceeding relating to a matter arising under the provisions of a Queensland register Act that was commenced before the commencement of this part, but was not finally decided as at the commencement, may continue to be dealt with or otherwise decided as if those provisions had not been repealed.
sec.11
Offences
sec.11 Offences
This section applies if a person is alleged to have committed an offence against a Queensland register Act before the commencement of this part.
Despite the Criminal Code , section 11 , a proceeding for the offence may be started or continued, and the court may hear and decide the proceeding, as if this Act, other than this section, had not commenced.
(sec.11-ssec.1) This section applies if a person is alleged to have committed an offence against a Queensland register Act before the commencement of this part.
(sec.11-ssec.2) Despite the Criminal Code , section 11 , a proceeding for the offence may be started or continued, and the court may hear and decide the proceeding, as if this Act, other than this section, had not commenced.
ch.3-pt.1
Bills of Sale and Other Instruments Act 1955
Bills of Sale and Other Instruments Act 1955
ch.3-pt.1-div.1
Repeal
Repeal
sec.12
Repeal
sec.12 Repeal
The Bills of Sale and Other Instruments Act 1955 , No. 16 is repealed.
ch.3-pt.1-div.2
Transitional provisions
Transitional provisions
sec.13
Definitions for div 2
sec.13 Definitions for div 2
In this division—
existing Act means the Bills of Sale and Other Instruments Act 1955 as in force immediately before its repeal.
repeal means repeal of the existing Act.
sec.14
Words have meanings given by existing Act
sec.14 Words have meanings given by existing Act
A word used in this division and defined under the existing Act has the same meaning as it had under the existing Act.
sec.15
Continuing of provisions of existing Act
sec.15 Continuing of provisions of existing Act
If, despite the repeal, a provision of the existing Act (the primary provision ) is continued in effect for a purpose under this division, any other provision of the existing Act (a related provision ) mentioned in the primary provision is also continued in effect to the extent necessary for the purposes of the continued application of the primary provision.
sec.16
Applications for registration or renewal of registration of security interests
sec.16 Applications for registration or renewal of registration of security interests
This section applies if, after the application closing time, the chief executive receives an application for the registration, or renewal of registration, of a security interest.
Despite sections 9 , 10 and 11 of the existing Act, the chief executive—
can not deal with the application after the application closing time; and
must refund any fee that accompanied the application.
(sec.16-ssec.1) This section applies if, after the application closing time, the chief executive receives an application for the registration, or renewal of registration, of a security interest.
(sec.16-ssec.2) Despite sections 9 , 10 and 11 of the existing Act, the chief executive— can not deal with the application after the application closing time; and must refund any fee that accompanied the application.
(a) can not deal with the application after the application closing time; and
(b) must refund any fee that accompanied the application.
sec.17
Inspection of register
sec.17 Inspection of register
Despite the repeal, section 13 of the existing Act continues to apply for a period of 2 years after the repeal in relation to particulars included in the former register in the period starting 7 years before the repeal and ending at the repeal.
A regulation may prescribe a fee for inspecting the former register.
The chief executive must keep a copy of the information contained in the former register, as it existed immediately before the repeal, for 7 years after the repeal.
For section 13 (1) (a) of the existing Act, the offices of the department at the following places are offices where the register may be inspected—
Brisbane;
Cairns;
Mackay;
Maroochydore;
Rockhampton;
Southport;
Townsville.
In this section—
former register means the register of security interests required to be kept under section 8 of the existing Act.
(sec.17-ssec.1) Despite the repeal, section 13 of the existing Act continues to apply for a period of 2 years after the repeal in relation to particulars included in the former register in the period starting 7 years before the repeal and ending at the repeal.
(sec.17-ssec.2) A regulation may prescribe a fee for inspecting the former register.
(sec.17-ssec.3) The chief executive must keep a copy of the information contained in the former register, as it existed immediately before the repeal, for 7 years after the repeal.
(sec.17-ssec.4) For section 13 (1) (a) of the existing Act, the offices of the department at the following places are offices where the register may be inspected— Brisbane; Cairns; Mackay; Maroochydore; Rockhampton; Southport; Townsville.
(sec.17-ssec.5) In this section— former register means the register of security interests required to be kept under section 8 of the existing Act.
(a) Brisbane;
(b) Cairns;
(c) Mackay;
(d) Maroochydore;
(e) Rockhampton;
(f) Southport;
(g) Townsville.
sec.18
Requests for registration of confiscation orders
sec.18 Requests for registration of confiscation orders
This section applies if, after the application closing time, the chief executive receives a request for the registration of a confiscation order in relation to chattels of a person or creating a charge over the chattels of a person.
Despite section 15 of the existing Act, the chief executive can not deal with the request after the application closing time.
(sec.18-ssec.1) This section applies if, after the application closing time, the chief executive receives a request for the registration of a confiscation order in relation to chattels of a person or creating a charge over the chattels of a person.
(sec.18-ssec.2) Despite section 15 of the existing Act, the chief executive can not deal with the request after the application closing time.
sec.19
Applications for registration of assignments of registered security interests
sec.19 Applications for registration of assignments of registered security interests
This section applies if, after the application closing time, the chief executive receives an application for the registration of an assignment of a registered security interest.
Despite sections 16 and 17 of the existing Act, the chief executive—
can not deal with the application after the application closing time; and
must refund any fee that accompanied the application.
(sec.19-ssec.1) This section applies if, after the application closing time, the chief executive receives an application for the registration of an assignment of a registered security interest.
(sec.19-ssec.2) Despite sections 16 and 17 of the existing Act, the chief executive— can not deal with the application after the application closing time; and must refund any fee that accompanied the application.
(a) can not deal with the application after the application closing time; and
(b) must refund any fee that accompanied the application.
sec.20
Applications for discharge of registered security interests
sec.20 Applications for discharge of registered security interests
This section applies if, after the application closing time, the chief executive receives an application for the full or partial discharge of a registered security interest.
Despite sections 18C and 18D of the existing Act, the chief executive—
can not deal with the application after the application closing time; and
must refund any fee that accompanied the application.
(sec.20-ssec.1) This section applies if, after the application closing time, the chief executive receives an application for the full or partial discharge of a registered security interest.
(sec.20-ssec.2) Despite sections 18C and 18D of the existing Act, the chief executive— can not deal with the application after the application closing time; and must refund any fee that accompanied the application.
(a) can not deal with the application after the application closing time; and
(b) must refund any fee that accompanied the application.
sec.21
Requests to register discharge or change in particulars
sec.21 Requests to register discharge or change in particulars
This section applies if—
before the repeal, the borrower in relation to a registered security interest made a request to the lender under section 18F (1) of the existing Act in relation to the security interest; and
at the time of the repeal, the lender had not complied with section 18F (2) of the existing Act in relation to the request.
Despite the repeal, section 18F continues to apply to the request.
However, subsection (4) applies if the lender—
has been given a notice under section 18F (4) ; and
has not complied with section 18F (5) (a) or (b) before the end of the notice period.
The chief executive must ask the PPS registrar to, in accordance with the request under section 18F (1) —
register the discharge in the PPS register; or
change the particulars included in the PPS register.
(sec.21-ssec.1) This section applies if— before the repeal, the borrower in relation to a registered security interest made a request to the lender under section 18F (1) of the existing Act in relation to the security interest; and at the time of the repeal, the lender had not complied with section 18F (2) of the existing Act in relation to the request.
(sec.21-ssec.2) Despite the repeal, section 18F continues to apply to the request.
(sec.21-ssec.3) However, subsection (4) applies if the lender— has been given a notice under section 18F (4) ; and has not complied with section 18F (5) (a) or (b) before the end of the notice period.
(sec.21-ssec.4) The chief executive must ask the PPS registrar to, in accordance with the request under section 18F (1) — register the discharge in the PPS register; or change the particulars included in the PPS register.
(a) before the repeal, the borrower in relation to a registered security interest made a request to the lender under section 18F (1) of the existing Act in relation to the security interest; and
(b) at the time of the repeal, the lender had not complied with section 18F (2) of the existing Act in relation to the request.
(a) has been given a notice under section 18F (4) ; and
(b) has not complied with section 18F (5) (a) or (b) before the end of the notice period.
(a) register the discharge in the PPS register; or
(b) change the particulars included in the PPS register.
sec.22
Applications to change particulars in register
sec.22 Applications to change particulars in register
This section applies if, after the application closing time, the chief executive receives an application to change stated particulars included in the register in relation to an interest.
Despite section 18G of the existing Act, the chief executive—
can not deal with the application after the application closing time; and
must refund any fee that accompanied the application.
(sec.22-ssec.1) This section applies if, after the application closing time, the chief executive receives an application to change stated particulars included in the register in relation to an interest.
(sec.22-ssec.2) Despite section 18G of the existing Act, the chief executive— can not deal with the application after the application closing time; and must refund any fee that accompanied the application.
(a) can not deal with the application after the application closing time; and
(b) must refund any fee that accompanied the application.
sec.23
Removal of particulars of improperly registered interests
sec.23 Removal of particulars of improperly registered interests
This section applies if—
before the repeal, the chief executive gave a notice under section 18I (2) of the existing Act to a person who appeared to the chief executive to be the lender under an interest; and
at the time of the repeal, the person had not complied with the requirement in the notice.
Despite the repeal, section 18I continues to apply to the registration of the interest.
However, subsection (4) applies if the person—
has been given a notice under section 18I (6) ; and
has not complied with section 18I (7) (a) or (b) before the end of the notice period.
The chief executive must ask the PPS registrar to remove the particulars in relation to the interest from the PPS register.
(sec.23-ssec.1) This section applies if— before the repeal, the chief executive gave a notice under section 18I (2) of the existing Act to a person who appeared to the chief executive to be the lender under an interest; and at the time of the repeal, the person had not complied with the requirement in the notice.
(sec.23-ssec.2) Despite the repeal, section 18I continues to apply to the registration of the interest.
(sec.23-ssec.3) However, subsection (4) applies if the person— has been given a notice under section 18I (6) ; and has not complied with section 18I (7) (a) or (b) before the end of the notice period.
(sec.23-ssec.4) The chief executive must ask the PPS registrar to remove the particulars in relation to the interest from the PPS register.
(a) before the repeal, the chief executive gave a notice under section 18I (2) of the existing Act to a person who appeared to the chief executive to be the lender under an interest; and
(b) at the time of the repeal, the person had not complied with the requirement in the notice.
(a) has been given a notice under section 18I (6) ; and
(b) has not complied with section 18I (7) (a) or (b) before the end of the notice period.
sec.24
Applications for compensation for loss
sec.24 Applications for compensation for loss
This section applies if a person suffers loss because an act or omission mentioned in section 18J of the existing Act was done or made before the repeal.
Despite the repeal, the person may apply for payment of compensation under section 18K of the existing Act.
(sec.24-ssec.1) This section applies if a person suffers loss because an act or omission mentioned in section 18J of the existing Act was done or made before the repeal.
(sec.24-ssec.2) Despite the repeal, the person may apply for payment of compensation under section 18K of the existing Act.
sec.25
Protection from liability
sec.25 Protection from liability
An official continues to incur no civil liability after the repeal for an act done, or omission made, honestly and without negligence in the performance or purported performance of functions under the existing Act if—
the act was done or the omission was made before the repeal; or
the act was done or the omission was made after the repeal in relation to a matter that was authorised to be done under this division after the repeal.
If subsection (1) prevents a civil liability attaching to an official, liability attaches instead to the State.
(sec.25-ssec.1) An official continues to incur no civil liability after the repeal for an act done, or omission made, honestly and without negligence in the performance or purported performance of functions under the existing Act if— the act was done or the omission was made before the repeal; or the act was done or the omission was made after the repeal in relation to a matter that was authorised to be done under this division after the repeal.
(sec.25-ssec.2) If subsection (1) prevents a civil liability attaching to an official, liability attaches instead to the State.
(a) the act was done or the omission was made before the repeal; or
(b) the act was done or the omission was made after the repeal in relation to a matter that was authorised to be done under this division after the repeal.
sec.26
Delegations
sec.26 Delegations
The chief executive may delegate, to an appropriately qualified public service employee, the chief executive’s powers under a provision of the existing Act that continues, under this division, to have effect after the repeal.
A delegation that was in force immediately before the repeal in relation to a provision of the existing Act that continues, under this division, to have effect after the repeal continues to have effect as a delegation under this section.
(sec.26-ssec.1) The chief executive may delegate, to an appropriately qualified public service employee, the chief executive’s powers under a provision of the existing Act that continues, under this division, to have effect after the repeal.
(sec.26-ssec.2) A delegation that was in force immediately before the repeal in relation to a provision of the existing Act that continues, under this division, to have effect after the repeal continues to have effect as a delegation under this section.
ch.3-pt.3
Liens on Crops of Sugar Cane Act 1931
Liens on Crops of Sugar Cane Act 1931
ch.3-pt.3-div.1
Repeal
Repeal
sec.35
Repeal
sec.35 Repeal
The Liens on Crops of Sugar Cane Act 1931 , No. 37 is repealed.
ch.3-pt.3-div.2
Transitional provisions
Transitional provisions
sec.36
Definitions for div 2
sec.36 Definitions for div 2
In this division—
existing Act means the Liens on Crops of Sugar Cane Act 1931 as in force immediately before its repeal.
repeal means repeal of the existing Act.
sec.37
Words have meanings given by existing Act
sec.37 Words have meanings given by existing Act
A word used in this division and defined under the existing Act has the same meaning as it had under the existing Act.
sec.38
Continuing of provisions of existing Act
sec.38 Continuing of provisions of existing Act
If, despite the repeal, a provision of the existing Act (the primary provision ) is continued in effect for a purpose under this division, any other provision of the existing Act (a related provision ) mentioned in the primary provision is also continued in effect to the extent necessary for the purposes of the continued application of the primary provision.
sec.39
Applications for registration or renewal of registration of liens
sec.39 Applications for registration or renewal of registration of liens
This section applies if, after the application closing time, the chief executive receives an application for the registration, or renewal of registration, of a lien.
Despite sections 6 , 7 and 7A of the existing Act, the chief executive—
can not deal with the application after the application closing time; and
must refund any fee that accompanied the application.
(sec.39-ssec.1) This section applies if, after the application closing time, the chief executive receives an application for the registration, or renewal of registration, of a lien.
(sec.39-ssec.2) Despite sections 6 , 7 and 7A of the existing Act, the chief executive— can not deal with the application after the application closing time; and must refund any fee that accompanied the application.
(a) can not deal with the application after the application closing time; and
(b) must refund any fee that accompanied the application.
sec.40
Inspection of register
sec.40 Inspection of register
Despite the repeal, section 7C of the existing Act continues to apply for a period of 2 years after the repeal in relation to particulars included in the former register in the period starting 7 years before the repeal and ending at the repeal.
A regulation may prescribe a fee for inspecting the former register.
The chief executive must keep a copy of the information contained in the former register, as it existed immediately before the repeal, for 7 years after the repeal.
For section 7C (1) (a) of the existing Act, the offices of the department at the following places are offices where the register may be inspected—
Brisbane;
Cairns;
Mackay;
Maroochydore;
Rockhampton;
Southport;
Townsville.
In this section—
former register means the register of liens required to be kept under section 5 of the existing Act.
(sec.40-ssec.1) Despite the repeal, section 7C of the existing Act continues to apply for a period of 2 years after the repeal in relation to particulars included in the former register in the period starting 7 years before the repeal and ending at the repeal.
(sec.40-ssec.2) A regulation may prescribe a fee for inspecting the former register.
(sec.40-ssec.3) The chief executive must keep a copy of the information contained in the former register, as it existed immediately before the repeal, for 7 years after the repeal.
(sec.40-ssec.4) For section 7C (1) (a) of the existing Act, the offices of the department at the following places are offices where the register may be inspected— Brisbane; Cairns; Mackay; Maroochydore; Rockhampton; Southport; Townsville.
(sec.40-ssec.5) In this section— former register means the register of liens required to be kept under section 5 of the existing Act.
(a) Brisbane;
(b) Cairns;
(c) Mackay;
(d) Maroochydore;
(e) Rockhampton;
(f) Southport;
(g) Townsville.
sec.41
Requests for registration of confiscation orders
sec.41 Requests for registration of confiscation orders
This section applies if, after the application closing time, the chief executive receives a request for the registration of a confiscation order made in relation to a security interest registered under the existing Act or creating a charge over a security interest registered under the existing Act.
Despite section 7DA of the existing Act, the chief executive can not deal with the request after the application closing time.
(sec.41-ssec.1) This section applies if, after the application closing time, the chief executive receives a request for the registration of a confiscation order made in relation to a security interest registered under the existing Act or creating a charge over a security interest registered under the existing Act.
(sec.41-ssec.2) Despite section 7DA of the existing Act, the chief executive can not deal with the request after the application closing time.
sec.42
Applications for registration of assignments of registered liens
sec.42 Applications for registration of assignments of registered liens
This section applies if, after the application closing time, the chief executive receives an application for registration of the assignment of a registered lien.
Despite sections 7E and 7F of the existing Act, the chief executive—
can not deal with the application after the application closing time; and
must refund any fee that accompanied the application.
(sec.42-ssec.1) This section applies if, after the application closing time, the chief executive receives an application for registration of the assignment of a registered lien.
(sec.42-ssec.2) Despite sections 7E and 7F of the existing Act, the chief executive— can not deal with the application after the application closing time; and must refund any fee that accompanied the application.
(a) can not deal with the application after the application closing time; and
(b) must refund any fee that accompanied the application.
sec.43
Applications for discharge of registered liens
sec.43 Applications for discharge of registered liens
This section applies if, after the application closing time, the chief executive receives an application for the full or partial discharge of a registered lien.
Despite sections 7J and 7K of the existing Act, the chief executive—
can not deal with the application after the application closing time; and
must refund any fee that accompanied the application.
(sec.43-ssec.1) This section applies if, after the application closing time, the chief executive receives an application for the full or partial discharge of a registered lien.
(sec.43-ssec.2) Despite sections 7J and 7K of the existing Act, the chief executive— can not deal with the application after the application closing time; and must refund any fee that accompanied the application.
(a) can not deal with the application after the application closing time; and
(b) must refund any fee that accompanied the application.
sec.44
Requests to register discharge or change in particulars
sec.44 Requests to register discharge or change in particulars
This section applies if—
before the repeal, the lienor of a registered lien makes a request to the lienee under section 7M (1) of the existing Act in relation to the lien; and
at the time of the repeal, the lienee has not complied with section 7M (2) of the existing Act in relation to the request.
Despite the repeal, section 7M continues to apply to the request.
However, subsection (4) applies if—
before the repeal, the lienee is given a notice under section 7M (4) ; and
at the time of the repeal, the lienee has not complied with section 7M (5) (a) or (b) before the end of the notice period.
The chief executive must ask the PPS registrar to, in accordance with the request under section 7M (1) —
register the discharge in the PPS register; or
change the particulars included in the PPS register.
(sec.44-ssec.1) This section applies if— before the repeal, the lienor of a registered lien makes a request to the lienee under section 7M (1) of the existing Act in relation to the lien; and at the time of the repeal, the lienee has not complied with section 7M (2) of the existing Act in relation to the request.
(sec.44-ssec.2) Despite the repeal, section 7M continues to apply to the request.
(sec.44-ssec.3) However, subsection (4) applies if— before the repeal, the lienee is given a notice under section 7M (4) ; and at the time of the repeal, the lienee has not complied with section 7M (5) (a) or (b) before the end of the notice period.
(sec.44-ssec.4) The chief executive must ask the PPS registrar to, in accordance with the request under section 7M (1) — register the discharge in the PPS register; or change the particulars included in the PPS register.
(a) before the repeal, the lienor of a registered lien makes a request to the lienee under section 7M (1) of the existing Act in relation to the lien; and
(b) at the time of the repeal, the lienee has not complied with section 7M (2) of the existing Act in relation to the request.
(a) before the repeal, the lienee is given a notice under section 7M (4) ; and
(b) at the time of the repeal, the lienee has not complied with section 7M (5) (a) or (b) before the end of the notice period.
(a) register the discharge in the PPS register; or
(b) change the particulars included in the PPS register.
sec.45
Applications to change particulars in register
sec.45 Applications to change particulars in register
This section applies if, after the application closing time, the chief executive receives an application to change stated particulars included in the register relating to the lien.
Despite section 7N of the existing Act, the chief executive—
can not deal with the application after the application closing time; and
must refund any fee that accompanied the application.
(sec.45-ssec.1) This section applies if, after the application closing time, the chief executive receives an application to change stated particulars included in the register relating to the lien.
(sec.45-ssec.2) Despite section 7N of the existing Act, the chief executive— can not deal with the application after the application closing time; and must refund any fee that accompanied the application.
(a) can not deal with the application after the application closing time; and
(b) must refund any fee that accompanied the application.
sec.46
Applications for compensation for loss
sec.46 Applications for compensation for loss
This section applies if a person suffers loss because an act or omission mentioned in section 7P of the existing Act was done or made before the repeal.
The person may apply for payment of compensation under section 7Q of the existing Act.
(sec.46-ssec.1) This section applies if a person suffers loss because an act or omission mentioned in section 7P of the existing Act was done or made before the repeal.
(sec.46-ssec.2) The person may apply for payment of compensation under section 7Q of the existing Act.
sec.47
Protection from liability
sec.47 Protection from liability
An official continues to incur no civil liability after the repeal for an act done, or omission made, honestly and without negligence in the performance or purported performance of functions under the existing Act if—
the act was done or the omission was made before the repeal; or
the act was done or the omission was made after the repeal in relation to a matter that was authorised to be done under this part after the repeal.
If subsection (1) prevents a civil liability attaching to an official, liability attaches instead to the State.
(sec.47-ssec.1) An official continues to incur no civil liability after the repeal for an act done, or omission made, honestly and without negligence in the performance or purported performance of functions under the existing Act if— the act was done or the omission was made before the repeal; or the act was done or the omission was made after the repeal in relation to a matter that was authorised to be done under this part after the repeal.
(sec.47-ssec.2) If subsection (1) prevents a civil liability attaching to an official, liability attaches instead to the State.
(a) the act was done or the omission was made before the repeal; or
(b) the act was done or the omission was made after the repeal in relation to a matter that was authorised to be done under this part after the repeal.
sec.48
Delegations
sec.48 Delegations
The chief executive may delegate, to an appropriately qualified public service employee, the chief executive’s powers under a provision of the existing Act that continues, under this division, to have effect after the repeal.
A delegation that was in force immediately before the repeal in relation to a provision of the existing Act that continues, under this division, to have effect after the repeal continues to have effect as a delegation under this section.
(sec.48-ssec.1) The chief executive may delegate, to an appropriately qualified public service employee, the chief executive’s powers under a provision of the existing Act that continues, under this division, to have effect after the repeal.
(sec.48-ssec.2) A delegation that was in force immediately before the repeal in relation to a provision of the existing Act that continues, under this division, to have effect after the repeal continues to have effect as a delegation under this section.
ch.3-pt.4
Motor Vehicles and Boats Securities Act 1986
Motor Vehicles and Boats Securities Act 1986
ch.3-pt.4-div.1
Repeal
Repeal
sec.49
Repeal
sec.49 Repeal
The Motor Vehicles and Boats Securities Act 1986 , No. 24 is repealed.
ch.3-pt.4-div.2
Transitional provisions
Transitional provisions
sec.50
Definitions for div 2
sec.50 Definitions for div 2
In this division—
existing Act means the Motor Vehicles and Boats Securities Act 1986 as in force immediately before its repeal.
repeal means repeal of the existing Act.
sec.51
Words have meanings given by existing Act
sec.51 Words have meanings given by existing Act
A word used in this division and defined under the existing Act has the same meaning as it had under the existing Act.
sec.52
Continuing of provisions of existing Act
sec.52 Continuing of provisions of existing Act
If, despite the repeal, a provision of the existing Act (the primary provision ) is continued in effect for a purpose under this division, any other provision of the existing Act (a related provision ) mentioned in the primary provision is also continued in effect to the extent necessary for the purposes of the continued application of the primary provision.
sec.53
Applications for registration or renewal of registration of security interests
sec.53 Applications for registration or renewal of registration of security interests
This section applies if, after the application closing time, the chief executive receives an application for the registration, or renewal of registration, of a security interest.
Despite sections 7 and 7A of the existing Act, the chief executive—
can not deal with the application after the application closing time; and
must refund any fee that accompanied the application.
(sec.53-ssec.1) This section applies if, after the application closing time, the chief executive receives an application for the registration, or renewal of registration, of a security interest.
(sec.53-ssec.2) Despite sections 7 and 7A of the existing Act, the chief executive— can not deal with the application after the application closing time; and must refund any fee that accompanied the application.
(a) can not deal with the application after the application closing time; and
(b) must refund any fee that accompanied the application.
sec.54
Requests for registration of confiscation orders
sec.54 Requests for registration of confiscation orders
This section applies if, after the application closing time, the chief executive receives a request for the registration of a confiscation order applying to, or creating a charge over, a motor vehicle, boat or outboard motor.
Despite section 7D of the existing Act, the chief executive can not deal with the request after the application closing time.
(sec.54-ssec.1) This section applies if, after the application closing time, the chief executive receives a request for the registration of a confiscation order applying to, or creating a charge over, a motor vehicle, boat or outboard motor.
(sec.54-ssec.2) Despite section 7D of the existing Act, the chief executive can not deal with the request after the application closing time.
sec.55
Applications for registration of assignments of registered security interests
sec.55 Applications for registration of assignments of registered security interests
This section applies if, after the application closing time, the chief executive receives an application for the assignment of a registered security interest.
Despite sections 8 and 9 of the existing Act, the chief executive—
can not deal with the application after the application closing time; and
must refund any fee that accompanied the application.
(sec.55-ssec.1) This section applies if, after the application closing time, the chief executive receives an application for the assignment of a registered security interest.
(sec.55-ssec.2) Despite sections 8 and 9 of the existing Act, the chief executive— can not deal with the application after the application closing time; and must refund any fee that accompanied the application.
(a) can not deal with the application after the application closing time; and
(b) must refund any fee that accompanied the application.
sec.56
Applications for discharge of registered security interests
sec.56 Applications for discharge of registered security interests
This section applies if, after the application closing time, the chief executive receives an application for the discharge of a registered security interest.
Despite sections 14 and 15 of the existing Act, the chief executive—
can not deal with the application after the application closing time; and
must refund any fee that accompanied the application.
(sec.56-ssec.1) This section applies if, after the application closing time, the chief executive receives an application for the discharge of a registered security interest.
(sec.56-ssec.2) Despite sections 14 and 15 of the existing Act, the chief executive— can not deal with the application after the application closing time; and must refund any fee that accompanied the application.
(a) can not deal with the application after the application closing time; and
(b) must refund any fee that accompanied the application.
sec.57
Applications to change particulars in register
sec.57 Applications to change particulars in register
This section applies if, after the application closing time, the chief executive receives an application to change particulars entered in the register for a registered security interest.
Despite section 18 of the existing Act, the chief executive—
can not deal with the application after the application closing time; and
must refund any fee that accompanied the application.
(sec.57-ssec.1) This section applies if, after the application closing time, the chief executive receives an application to change particulars entered in the register for a registered security interest.
(sec.57-ssec.2) Despite section 18 of the existing Act, the chief executive— can not deal with the application after the application closing time; and must refund any fee that accompanied the application.
(a) can not deal with the application after the application closing time; and
(b) must refund any fee that accompanied the application.
sec.58
Show cause notices about improperly registered security interests
sec.58 Show cause notices about improperly registered security interests
This section applies to the following matters—
a notice in relation to a security interest given to a person by the chief executive under section 18A (2) of the existing Act, if the period stated in the notice had not expired before the repeal (an existing show cause notice );
the proposed removal by the chief executive of the particulars of a security interest included in the register following the giving of a notice under section 18A (5) of the existing Act, if the person had a right to apply to a Magistrates Court for an order maintaining the registration immediately before the repeal (an existing appeal decision );
an application to a Magistrates Court for an order maintaining the registration of the security interest that is pending, but not finally decided, immediately before the repeal (an existing appeal ).
Despite the repeal of section 18A of the existing Act, the following provisions apply—
the chief executive may deal with the existing show cause notice under section 18A (4) ;
the existing appeal decision may be the subject of an application to a Magistrates Court and may be dealt with by the court under the existing Act;
an existing appeal may be decided by the Magistrates Court under the existing Act;
as soon as practicable after the chief executive decides whether the interest is a security interest, the chief executive must give the PPS registrar written notice of the decision.
(sec.58-ssec.1) This section applies to the following matters— a notice in relation to a security interest given to a person by the chief executive under section 18A (2) of the existing Act, if the period stated in the notice had not expired before the repeal (an existing show cause notice ); the proposed removal by the chief executive of the particulars of a security interest included in the register following the giving of a notice under section 18A (5) of the existing Act, if the person had a right to apply to a Magistrates Court for an order maintaining the registration immediately before the repeal (an existing appeal decision ); an application to a Magistrates Court for an order maintaining the registration of the security interest that is pending, but not finally decided, immediately before the repeal (an existing appeal ).
(sec.58-ssec.2) Despite the repeal of section 18A of the existing Act, the following provisions apply— the chief executive may deal with the existing show cause notice under section 18A (4) ; the existing appeal decision may be the subject of an application to a Magistrates Court and may be dealt with by the court under the existing Act; an existing appeal may be decided by the Magistrates Court under the existing Act; as soon as practicable after the chief executive decides whether the interest is a security interest, the chief executive must give the PPS registrar written notice of the decision.
(a) a notice in relation to a security interest given to a person by the chief executive under section 18A (2) of the existing Act, if the period stated in the notice had not expired before the repeal (an existing show cause notice );
(b) the proposed removal by the chief executive of the particulars of a security interest included in the register following the giving of a notice under section 18A (5) of the existing Act, if the person had a right to apply to a Magistrates Court for an order maintaining the registration immediately before the repeal (an existing appeal decision );
(c) an application to a Magistrates Court for an order maintaining the registration of the security interest that is pending, but not finally decided, immediately before the repeal (an existing appeal ).
(a) the chief executive may deal with the existing show cause notice under section 18A (4) ;
(b) the existing appeal decision may be the subject of an application to a Magistrates Court and may be dealt with by the court under the existing Act;
(c) an existing appeal may be decided by the Magistrates Court under the existing Act;
(d) as soon as practicable after the chief executive decides whether the interest is a security interest, the chief executive must give the PPS registrar written notice of the decision.
sec.59
Show cause notices about cancellation of registered security interests that have been discharged or extinguished
sec.59 Show cause notices about cancellation of registered security interests that have been discharged or extinguished
This section applies to a notice in relation to a security interest given to a person by the chief executive under section 20 of the existing Act, if the period stated in the notice had not expired before the repeal (also an existing show cause notice ).
Despite the repeal of section 20 of the existing Act, the following provisions apply—
the chief executive may deal with the existing show cause notice under section 20 ;
as soon as practicable after the chief executive decides whether the registration should have been cancelled, the chief executive must give the PPS registrar written notice of the decision.
(sec.59-ssec.1) This section applies to a notice in relation to a security interest given to a person by the chief executive under section 20 of the existing Act, if the period stated in the notice had not expired before the repeal (also an existing show cause notice ).
(sec.59-ssec.2) Despite the repeal of section 20 of the existing Act, the following provisions apply— the chief executive may deal with the existing show cause notice under section 20 ; as soon as practicable after the chief executive decides whether the registration should have been cancelled, the chief executive must give the PPS registrar written notice of the decision.
(a) the chief executive may deal with the existing show cause notice under section 20 ;
(b) as soon as practicable after the chief executive decides whether the registration should have been cancelled, the chief executive must give the PPS registrar written notice of the decision.
sec.60
Inspection of register
sec.60 Inspection of register
Despite the repeal, section 23 of the existing Act continues to apply for a period of 2 years after the repeal in relation to particulars included in the former register in the period starting 7 years before the repeal and ending at the repeal.
A regulation may prescribe a fee for inspecting the former register.
The chief executive must keep a copy of the information contained in the former register, as it existed immediately before the repeal, for 7 years after the repeal.
For section 23 (1) (a) of the existing Act, the office of the department at Brisbane is prescribed as an office of the department where the register may be inspected.
In this section—
former register means the register of security interests required to be kept under section 6 of the existing Act.
(sec.60-ssec.1) Despite the repeal, section 23 of the existing Act continues to apply for a period of 2 years after the repeal in relation to particulars included in the former register in the period starting 7 years before the repeal and ending at the repeal.
(sec.60-ssec.2) A regulation may prescribe a fee for inspecting the former register.
(sec.60-ssec.3) The chief executive must keep a copy of the information contained in the former register, as it existed immediately before the repeal, for 7 years after the repeal.
(sec.60-ssec.4) For section 23 (1) (a) of the existing Act, the office of the department at Brisbane is prescribed as an office of the department where the register may be inspected.
(sec.60-ssec.5) In this section— former register means the register of security interests required to be kept under section 6 of the existing Act.
sec.61
Applications for compensation for loss
sec.61 Applications for compensation for loss
Subsection (2) applies if a person who is the holder of a security interest that is mentioned in section 28 (1) of the existing Act and extinguished under section 26 (1) of the existing Act before the repeal suffers loss because of the extinguishment.
Despite the repeal, the person may apply for payment of compensation under section 28 of the existing Act.
Subsection (4) applies if a person who is the holder of a security interest extinguished under section 30 (2) of the existing Act before the repeal suffers loss because of the extinguishment.
Despite the repeal, the person may apply for compensation under section 30 (4) of the existing Act.
(sec.61-ssec.1) Subsection (2) applies if a person who is the holder of a security interest that is mentioned in section 28 (1) of the existing Act and extinguished under section 26 (1) of the existing Act before the repeal suffers loss because of the extinguishment.
(sec.61-ssec.2) Despite the repeal, the person may apply for payment of compensation under section 28 of the existing Act.
(sec.61-ssec.3) Subsection (4) applies if a person who is the holder of a security interest extinguished under section 30 (2) of the existing Act before the repeal suffers loss because of the extinguishment.
(sec.61-ssec.4) Despite the repeal, the person may apply for compensation under section 30 (4) of the existing Act.
sec.62
Compensation for repairing or replacing damaged property
sec.62 Compensation for repairing or replacing damaged property
This section applies if, before the repeal, there was an exercise or purported exercise of a power under a declared provision mentioned in section 30ZB (1) of the existing Act.
Despite the repeal, a person whose property was damaged because of the exercise or purported exercise of the power may apply for compensation under section 30ZB of the existing Act.
(sec.62-ssec.1) This section applies if, before the repeal, there was an exercise or purported exercise of a power under a declared provision mentioned in section 30ZB (1) of the existing Act.
(sec.62-ssec.2) Despite the repeal, a person whose property was damaged because of the exercise or purported exercise of the power may apply for compensation under section 30ZB of the existing Act.
sec.63
Protection from liability
sec.63 Protection from liability
A public service employee continues to incur no civil liability after the repeal for an act done, or omission made, honestly and without negligence in the performance or purported performance of functions under the existing Act if—
the act was done or the omission was made before the repeal; or
the act was done or the omission was made after the repeal in relation to a matter that was authorised to be done under this division after the repeal.
If subsection (1) prevents a civil liability attaching to a public service employee, liability attaches instead to the State.
(sec.63-ssec.1) A public service employee continues to incur no civil liability after the repeal for an act done, or omission made, honestly and without negligence in the performance or purported performance of functions under the existing Act if— the act was done or the omission was made before the repeal; or the act was done or the omission was made after the repeal in relation to a matter that was authorised to be done under this division after the repeal.
(sec.63-ssec.2) If subsection (1) prevents a civil liability attaching to a public service employee, liability attaches instead to the State.
(a) the act was done or the omission was made before the repeal; or
(b) the act was done or the omission was made after the repeal in relation to a matter that was authorised to be done under this division after the repeal.
sec.64
Delegations
sec.64 Delegations
The chief executive may delegate, to a person who is a public service employee, the chief executive’s powers under a provision of the existing Act that continues, under this division, to have effect after the repeal.
A delegation that was in force immediately before the repeal in relation to a provision of the existing Act that continues, under this division, to have effect after the repeal continues to have effect as a delegation under this section.
(sec.64-ssec.1) The chief executive may delegate, to a person who is a public service employee, the chief executive’s powers under a provision of the existing Act that continues, under this division, to have effect after the repeal.
(sec.64-ssec.2) A delegation that was in force immediately before the repeal in relation to a provision of the existing Act that continues, under this division, to have effect after the repeal continues to have effect as a delegation under this section.
Source text: opening excerpt
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
ch.2-pt.1 General
General
sec.6 Giving of information to PPS registrar
sec.6 Giving of information to PPS registrar
The chief executive is authorised to give the Commonwealth, the PPS registrar or any other officer of the Commonwealth information recorded in, or concerning the use of, a Queensland register that the chief executive considers appropriate in order to assist the PPS registrar to establish the PPS register.
The chief executive may give the information in whatever form the chief executive considers appropriate including by means of electronic data or in an approved form under the PPS Act .
This section applies despite any other Act or law.
(sec.6-ssec.1) The chief executive is authorised to give the Commonwealth, the PPS registrar or any other officer of the Commonwealth information recorded in, or concerning the use of, a Queensland register that the chief executive considers appropriate in order to assist the PPS registrar to establish the PPS register.
(sec.6-ssec.2) The chief executive may give the information in whatever form the chief executive considers appropriate including by means of electronic data or in an approved form under the PPS Act .
(sec.6-ssec.3) This section applies despite any other Act or law.
sec.7 Protection from liability
sec.7 Protection from liability
An official does not incur civil liability for an act done, or omission made, honestly and without negligence in relation to the giving of information under section 6 .
If subsection (1) prevents a civil liability attaching to an official, liability attaches instead to the State.
In this section—
official means—
the chief executive; or
an officer or employee of the department; or
a public service employee to whom the chief executive delegated powers under a Queensland register Act.
(sec.7-ssec.1) An official does not incur civil liability for an act done, or omission made, honestly and without negligence in relation to the giving of information under section 6 .
(sec.7-ssec.2) If subsection (1) prevents a civil liability attaching to an official, liability attaches instead to the State.
(sec.7-ssec.3) In this section— official means— the chief executive; or an officer or employee of the department; or a public service employee to whom the chief executive delegated powers under a Queensland register Act.
(a) the chief executive; or
(b) an officer or employee of the department; or
(c) a public service employee to whom the chief executive delegated powers under a Queensland register Act.
sec.8 Delegation
Preserves inspection rights for former registers for a 2 year period post‑repeal for entries from the seven years immediately preceding repeal, mandates retention of copies of former registers for seven years, prescribes particular departmental offices where inspection is available and permits regulation‑making about inspection fees (see ss 17(1)-(4), 40(1)-(4), 60(1)-(4)).
Preserves procedural steps for pre‑repeal matters: pending proceedings and offences commenced before the transitional commencement may continue as if the former provisions were not repealed (ss 10-11); existing show‑cause notices, appeals and pending Magistrates Court applications under particular provisions of the existing Acts may be progressed and the chief executive must notify the PPS registrar of decisions (see ss 58-59, and related transitional sections).
Confers delegation and regulation‑making powers to the Governor in Council and the chief executive to administer transitional functions (ss 8, 9, 26, 48, 64).
The stated operational purpose in s 6 is assisting the PPS registrar to establish the PPS register. The Act implements a cut‑over from multiple specialised Queensland security registries to the PPS framework, preserving a set of transitional rights, inspection windows and administrative continuities while preventing post‑cut‑off filings to the old registers.
Main concepts
The instrument rests on a small set of legislative concepts deployed repeatedly across the transitional divisions. Those concepts determine who acts, what may be done, what is preserved, and the limits on post‑closure activity.
Chief executive. The central administrative actor throughout. The chief executive is authorised to transfer information to the Commonwealth, to ask the PPS registrar to make entries or deletions in the PPS register where transitional protections apply, to give notices and to act on pre‑repeal requests and show‑cause matters (see ss 6, 21, 23, 44, 58-59). Delegation of the chief executive’s powers to appropriately qualified officers or public service employees is permitted and specific delegations that existed immediately before repeal continue to have effect as delegations under these transitional provisions (see ss 8, 26, 48, 64).
PPS registrar and Commonwealth interface. Sections 6 and multiple transitional provisions explicitly direct action to support the PPS registrar and permit the chief executive to provide register data and to request registration, discharge or removal of particulars in the PPS register (for example, ss 6, 21, 23, 44). That linkage is the statutory mechanism for migrating legacy security interests into the national PPS regime.
Existing Act and former register. Each division defines “existing Act” as the repealed statute and “former register” as the particular statutory register kept under the former Act (for example, ss 13, 36, 50). Transitional provisions preserve the substantive meaning of defined terms used in the former Act for the purposes of transitional application (see ss 14, 37, 51).
Application closing time. A recurring threshold. Where an application or request is received after the application closing time, the chief executive must not deal with it and must refund any fees that accompanied it. This applies to many categories: registration or renewal of security interests or liens, registration of assignments, discharge applications, change of particulars and registration of confiscation orders (see, as examples, ss 16, 18-20, 22, 39, 41, 42-43, 45, 53-57).
Preservation of pre‑repeal processes and remedies. The instrument expressly allows continuation or completion of pre‑repeal proceedings, pending appeals, show‑cause notices and compensation applications under specified sections of the repealed Acts; it requires the chief executive to notify the PPS registrar of certain decisions (see ss 10-11, 21, 24, 44, 58-59, 61, 62).
Limited time windows for access and retention. The Act preserves inspection rights for particulars in the former register for two years post‑repeal where those particulars fall within the seven years preceding repeal. It also requires the chief executive to retain a copy of the former register for seven years (see ss 17(1)-(3), 40(1)-(3), 60(1)-(3)).
State assumption of liability conditional on officials’ honesty and lack of negligence. Where officials acting under the transitional regime act honestly and without negligence in giving information or performing functions under the former Acts, they incur no civil liability and liability instead attaches to the State (see ss 7(1)-(2), 25(1)-(2), 47(1)-(2), 63(1)-(2)).
Show‑cause, appeal and Magistrates Court pathways. For certain existing show‑cause notices and proposed removals of registrations under the former Acts, the law preserves the person’s right to apply to a Magistrates Court, and preserves the ability of the chief executive to deal with the notice under the former statutory provisions; it mandates communication of outcomes to the PPS registrar (see ss 58-59).
Regulation‑making and fees. The Governor in Council may make regulations under the Act, including about fees payable under the Act; and regulations may prescribe fees for inspecting the former registers (see ss 9(1)-(2), and the inspection clauses in ss 17(2), 40(2), 60(2)).
These concepts together create a migration architecture: data transfer and administrative requests to the PPS registrar, a hard administrative cut‑off for processing further filings under repealed Acts, preservation of certain rights and remedies for matters in train at the cut‑off, and retention and inspection windows to support post‑cut‑off access to historical register content.
Who it affects
The primary actors affected are registrants of security interests or liens under the repealed Queensland Acts, lenders, borrowers and lienors, the chief executive and delegated officers in the relevant department, the Commonwealth PPS registrar and, where relevant, Magistrates Court processes. More specifically:
Lenders and secured creditors who had security interests registered under the Bills of Sale and Other Instruments Act 1955, the Motor Vehicles and Boats Securities Act 1986, or liens under the Liens on Crops of Sugar Cane Act 1931. Their ability to lodge new registrations, renewals, assignments, discharges, or changes of particulars with the Queensland register after the application closing time is removed; where such applications are received after the closing time, they will be refunded and the chief executive must not deal with them (see ss 16, 19-20, 22, 39, 42-45, 53-57).
Borrowers, lienors and persons whose chattels were subject to confiscation orders, or who sought discharges or changes in particulars. Transitional protection applies where requests or notices were made before the repeal and not yet completed; the chief executive must continue to process certain pre‑repeal requests or transfer action to the PPS registrar where the relevant lender or lienee has failed to respond in time (see ss 21, 23, 44).
Persons with pending criminal charges or other proceedings under the repealed Queensland register Acts that began before the commencement of the transitional provisions. Such proceedings may continue and be decided as if the repealing Act had not commenced (see ss 10-11).
Persons entitled to inspect the former registers. Inspection remains available under the preserved inspection provisions for two years after repeal for records from the seven years prior to repeal. The chief executive must keep a copy of the former register for seven years and particular departmental offices are prescribed for inspection (see ss 17(1)-(4), 40(1)-(4), 60(1)-(4)).
Officials and delegated officers of the department. Officials who give information, perform or purportedly perform functions under the existing Acts and do so honestly and without negligence are insulated from civil liability, with liability instead attaching to the State where the protection applies (see ss 7(1)-(2), 25(1)-(2), 47(1)-(2), 63(1)-(2)). The chief executive may delegate powers to appropriately qualified officers (see ss 8, 26, 48, 64).
The Commonwealth and the PPS registrar. The chief executive is authorised to provide data to assist establishment of the PPS register and to request entries, discharges or removals in the PPS register consistent with preserved pre‑repeal rights (see s 6, ss 21, 23, 44).
Secondary stakeholders include lawyers advising affected parties, accountants and insolvency advisers who must determine priority and continuity of security interests across the transition, and journalists or researchers seeking access to historical register data under the preserved inspection and retention windows.
Who pays: applicants who submitted post‑closing applications must receive refunds (various sections require refunding fees). The State assumes residual civil liability where officials are protected, which has public finance implications (see ss 7(2), 25(2), 47(2), 63(2)). Who decides: the chief executive decides transitional administrative actions, may delegate decision‑making to appropriately qualified officers, and must notify the PPS registrar of decisions in specified contexts (see ss 8, 26, 48, 64; ss 58(2)(d), 59(2)(b)). What behaviour changes: affected private parties must shift filing activity to the PPS register process or rely on preserved pre‑repeal procedures; they must act before the application closing time to secure processing by the Queensland registers; and lenders who have neglected to respond to borrower requests pre‑repeal may find the chief executive will request the PPS registrar to register discharges or amend particulars (see s 21).
Key duties and rights
The Act sets out explicit duties for officials and limited duties for private parties, and preserves certain rights from the repealed Acts.
Duties of the chief executive and officials
Provide information to the Commonwealth, PPS registrar or Commonwealth officers as the chief executive considers appropriate to assist establishment of the PPS register, in any form considered appropriate including electronic data or an approved PPS Act form (s 6(1)-(2)).
Make refunds where applications or requests covered by transitional restrictions are received after the application closing time and cannot be dealt with (see, for example, ss 16(2), 19(2), 20(2), 22(2), 39(2), 42(2), 43(2), 45(2), 53(2), 55(2), 56(2), 57(2)).
Keep a copy of the former register for seven years and allow inspection under preserved provisions for two years in relation to particulars included in the former register within the seven years before repeal; prescribe inspection offices; and allow regulations to prescribe inspection fees (see ss 17(2)-(4), 40(2)-(4), 60(2)-(4)).
Continue to deal with pre‑repeal show‑cause notices, pending appeals and Magistrates Court matters under the existing Act provisions where applicable, and notify the PPS registrar of decisions where the chief executive decides whether an interest is or should have been cancelled (see ss 58(2), 59(2)).
Where a borrower, lienor or other party made a pre‑repeal request to a lender or lienee and the lender or lienee has not complied with a statutory obligation under the existing Act, continue the operation of the former request provision and, in certain default circumstances, must ask the PPS registrar to register a discharge or change particulars in the PPS register (see ss 21(1)-(4), 44(1)-(4)).
Duties and rights of private parties
Pre‑closing applications: parties who applied before the application closing time retain the benefit of processing under the former Act if the application was received prior to that time; this is implicit across the many provisions that apply only where applications were received after the application closing time (for examples see ss 16, 19, 20, 22, 39, 42-43, 45, 53-57).
Pre‑repeal requests and show‑cause rights: borrowers, lienors and other affected persons retain the right to have their pre‑repeal requests dealt with under the former statutory provisions. Where the lender or lienee has not complied with obligations to act, the chief executive is required to ask the PPS registrar to effect the discharge or change (see ss 21, 23, 44).
Inspection rights: persons remain able to inspect the former registers for two years after repeal for entries included in the seven years prior; a fee may be prescribed by regulation (see ss 17(1)-(2), 40(1)-(2), 60(1)-(2)).
Compensation rights: persons who suffered loss because of acts or omissions under the existing Acts before repeal may still apply for compensation under specified sections of the existing Acts preserved by the transitional provisions (see ss 24, 46, 61, 62).
Protections for officials
Officials who act honestly and without negligence in giving information under s 6, or in performing functions under the existing Acts, do not incur civil liability; where that protection applies liability attaches to the State (see ss 7(1)-(2), 25(1)-(2), 47(1)-(2), 63(1)-(2)). The definition of “official” in s 7 includes the chief executive, an officer or employee of the department, or a public service employee to whom the chief executive delegated powers under a Queensland register Act (s 7(3)).
Delegation and regulation-making
The chief executive may delegate powers under the Act to appropriately qualified officers or public service employees (see ss 8, 26, 48, 64). The Governor in Council may make regulations including in relation to fees payable under the Act (s 9(1)-(2)).
Rights to continue proceedings
Proceedings or offence prosecutions commenced before the commencement of the transitional part may continue and be decided as if the repealing provisions had not been enacted (ss 10-11).
Taken together, the duties create a migration of administrative actions and a careful preservation of pre‑repeal remedies and inspection rights, while the rights for private parties are contingent on timing relative to the application closing time and on compliance by counterparties such as lenders.
Penalties and enforcement
The instrument does not introduce new penal sanctions in the text provided. Its enforcement is administrative and civil rather than criminal in the presented provisions. Enforcement and remedial mechanisms include:
Administrative non‑processing and refunds. The primary enforcement effect is operational: where an application or request is received after the application closing time, the statutory duty is not to deal with it and to refund any fee that accompanied the application (see multiple provisions: ss 16(2), 19(2), 20(2), 22(2), 39(2), 42(2), 43(2), 45(2), 53(2), 55(2), 56(2), 57(2)). The consequence for applicants is that the administrative channel under the repealed Acts closes at the application closing time and cannot be relied on thereafter.
Continuation of existing criminal or civil proceedings commenced before transitional commencement. The Act expressly permits proceedings relating to matters under Queensland register Acts that commenced before the transitional commencement to continue and be decided as if the repealing provisions had not been enacted (see s 10). For alleged offences committed before the commencement of the transitional part, the law allows proceedings to be started or continued and decided as if the rest of the Act had not commenced, despite any provision of the Criminal Code that might have otherwise precluded continuation (s 11(2) references the Criminal Code, s 11). This preserves the existing prosecution and enforcement machinery for pre‑commencement conduct.
Show‑cause and appeal pathways. For particular show‑cause notices given under specified sections of the former Acts and pending Magistrates Court matters or appeals, the transitional provisions preserve the chief executive’s ability to deal with existing show‑cause notices, allow existing appeal decisions or pending appeals to be treated under the previous statutory framework, and require notification of the PPS registrar once the chief executive makes a decision (see ss 58(2), 59(2)). Enforcement of registration removal or maintenance may thus proceed via administrative removal, Magistrates Court proceedings, or an appeal as preserved by the transitional provisions.
Compensation applications and remedy claims. The transitional provisions preserve a claimant’s right to seek compensation under specified sections of the existing Acts for loss arising before repeal (see ss 24, 46, 61, 62). These preserved claims are civil remedies rather than penal sanctions; their enforcement will be via the administrative mechanisms or courts specified in the preserved sections of the repealed Acts.
Liability allocation and state indemnity. Officials who act honestly and without negligence are protected from personal civil liability for acts or omissions in giving information under s 6 or in performing functions under the existing Acts; where that protection applies liability attaches to the State (see ss 7(1)-(2), 25(1)-(2), 47(1)-(2), 63(1)-(2)). Practically, this creates an enforcement framework where the State, not the individual official, is the party exposed to civil claims in the limited circumstances the transitional provisions cover.
Delegation and regulation powers as instruments of enforcement. The chief executive’s delegation powers and the Governor in Council’s regulation‑making power enable ongoing enforcement practices to be allocated to appropriately qualified officers and fees or procedural details to be prescribed by regulation (see ss 8, 9, 26, 48, 64).
There are no express monetary penalties, criminal offences, or sanctions newly created in the transitional text provided. Enforcement of the transitional rules is realised through administrative prohibitions on post‑closing filings, preservation of court processes, preserved compensation claims and the State’s exposure to civil liability where officials are insulated.
How it interacts with other laws
This instrument is expressly integrative and interacts with multiple Commonwealth and Queensland statutes, and with existing administrative processes.
Interaction with the PPS Act and the Commonwealth PPS register. Section 6 authorises the chief executive to give information to the Commonwealth, the PPS registrar or any other Commonwealth officer recorded in or concerning a Queensland register in order to assist the PPS registrar to establish the PPS register. It permits transfer in any form, including electronic data or a form approved under the PPS Act (s 6(1)-(2)). That is the primary statutory mechanism for integrating Queensland’s legacy registers with the national PPS framework.
Operation despite other laws. Section 6(3) expressly states the information‑sharing authorisation applies despite any other Act or law. This places the Commonwealth data transfer power on a statutory footing that overrides inconsistent Queensland statutory secrecy or privacy limits within the scope of s 6, as enacted.
Continuity with the Criminal Code. Section 11(2) explicitly operates despite the Criminal Code, s 11. It preserves the ability to start or continue criminal proceedings for offences alleged to have been committed under a Queensland register Act before commencement, and allows courts to decide those matters as if the transitional Act had not commenced. The quoted cross‑reference demonstrates how the instrument suspends potential Criminal Code impediments to continuing pre‑commencement prosecutions.
Preservation of existing Act provisions and definitions. Each transitional division defines “existing Act” and preserves defined meanings and related provisions as necessary for the continued operation of primary provisions retained for transitional purposes (see, for example, ss 13-15, 36-38, 50-52 and ss 15, 38, 52). This legal drafting approach embeds the former Acts into the transitional regime for limited purposes and ensures concept continuity.
Interaction with Magistrates Court processes. The transitional provisions preserve rights to apply to the Magistrates Court and for the court to deal with existing appeals or appeal decisions under the former Acts (see s 58(2)(b)-(c)). They also require the chief executive to notify the PPS registrar of administrative decisions made in the course of those preserved procedures (s 58(2)(d); s 59(2)(b)).
State liability and tort law. The protection from liability and attendant shift of civil liability to the State in specified circumstances interacts with general civil liability principles by insulating officials who act honestly and without negligence and making the State the liable party in those cases (see ss 7(1)-(2), 25(1)-(2), 47(1)-(2), 63(1)-(2)). This alters the practical route for civil claims arising from transitional actions.
Regulation‑making power. The Governor in Council may make regulations under this Act, including about the fees payable. That power enables adaptation of fees and administrative details for interactions with existing fee regimes under the repealed Acts (s 9(1)-(2)).
Relationship to PPS register entries. Where the chief executive is required to ask the PPS registrar to act , for example, to register a discharge or change particulars following a pre‑repeal borrower request that the lender failed to comply with , the Act creates direct procedural dependence on Commonwealth action under the PPS framework (see ss 21(4), 23(4), 44(4)). The statutory link transfers disposition over some register‑related outcomes from Queensland administrative registers to the PPS register.
Data retention and inspection rules vis‑à‑vis other transparency laws. The transitional provisions specify inspection offices and retention periods for former registers (see ss 17(3)-(4), 40(3)-(4), 60(3)-(4)). Where other laws govern public access to government records, s 6(3) and the retention/inspection rules will interact operationally; the instrument, however, does not elaborate or override those wider public records or privacy laws beyond the specific data‑sharing authorisation in s 6.
Overall, the instrument is designed to bridge legacy Queensland security registries into the national PPS regime, explicitly displacing or operating despite other Queensland laws in certain respects, preserving pre‑commencement criminal and civil proceedings, and establishing a concrete procedural path for migration of particular records and outcomes to the PPS register.
Amendment history
The provided text contains no schedule of prior amendments, no dates of enactment or commencement, and no record of earlier versions. It does, however, make multiple substantive repeals and creates transitional arrangements that function as amendments to the legal landscape. The immediate mechanical amendments effected by the instrument are:
Repeal of the Bills of Sale and Other Instruments Act 1955, No. 16 (s 12). The instrument then provides a Division 2 of transitional provisions (ss 13-26) to govern continuing rights, delegations, protection from liability, and processes for applications, inspections, discharges, assignments, removals, and compensation claims related to that repealed Act.
Repeal of the Liens on Crops of Sugar Cane Act 1931, No. 37 (s 35). A corresponding transitional division (ss 36-48) preserves definitions, continued provisions, inspection and retention obligations, application handling rules around the application closing time, delegation and liability protections, and compensation processes.
Repeal of the Motor Vehicles and Boats Securities Act 1986, No. 24 (s 49). The instrument establishes a transitional division (ss 50-64) with parallel provisions preserving definitions, continuing rights, inspection windows, show‑cause and appeal treatment, application‑closing cut‑offs, compensation claims and protections for public service employees.
Each repeal is followed by a suite of transitional provisions that are substantively similar across divisions: definitions, carry‑over of meanings, preservation of related provisions, prohibitions on dealing with late applications and an obligation to refund fees, preservation of pre‑repeal show‑cause and appeal rights, inspection and retention requirements, continuation of certain compensation claims, protection from liability for officials and delegation continuity. The Act’s s 9(2) creates a regulation‑making head specifically noting the power to prescribe fees payable under the Act.
The instrument also provides a general delegation head (s 8) for the chief executive and repeated specific delegation continuity clauses in each transitional division (for example, ss 26, 48, 64), confirming that delegations in force immediately before repeal continue as delegations under the transitional scheme. Protection from liability provisions recur in each division (s 7 for the initial part, and ss 25, 47, 63 in the respective divisions).
Because the source text does not supply enactment dates, commencement dates or amendment logs, users should consult the statutory history in the official Queensland legislation database or the relevant Government Gazette to obtain dates of enactment and commencement and any further amendments made since this instrument was produced.
Litigation history
The text supplied does not reference any decided cases, reported judgments, or litigation outcomes against which these provisions have been tested. It does, however, preserve and create procedural rights and pathways that will be relevant to litigation and administrative review. Key litigation‑relevant provisions include:
Continuation of proceedings. Section 10 allows proceedings related to matters arising under a Queensland register Act that were commenced before the commencement of the transitional part and not finally decided at that time to continue and be decided as if the repealed provisions remained in force. This provision preserves the status quo for litigation already in train at the transition point.
Preservation of prosecutions. Section 11 preserves the ability to start or continue proceedings for offences alleged to have been committed under a Queensland register Act before the commencement, and for courts to hear and decide them as if the transitional Act had not commenced, notwithstanding the Criminal Code, s 11. This explicitly neutralises a potential procedural challenge that a repeal might have created for ongoing criminal prosecutions.
Show‑cause notices and Magistrates Court appeals. Section 58 preserves existing show‑cause notices under s 18A of the existing Motor Vehicles and Boats Securities Act where the notice period had not expired before repeal, preserves the right to apply to the Magistrates Court to maintain registration, and preserves the court’s ability to decide pending appeals. It also requires written notification to the PPS registrar once the chief executive decides whether an interest is a security interest (s 58(2)). Section 59 contains an analogous preservation for show‑cause notices under s 20 of the existing Act relating to cancellation of registrations that had not expired before repeal.
Compensation claims preserved. Various sections preserve a person’s right to apply for compensation for loss arising from acts or omissions under the former Acts before repeal (for example, ss 24, 46, 61, 62). Those preserved claims create a continued pipeline of civil litigation or administrative remittal claims under the preserved statutory sections of the repealed Acts.
Administrative removal and notice decisions. Sections 21, 23, 44 require the chief executive to act in certain default circumstances where lenders or lienees failed to comply with pre‑repeal statutory duties in relation to borrower or lienor requests. The chief executive must ask the PPS registrar to register discharges or remove particulars from the PPS register in accordance with the preserved request, and those actions are susceptible to judicial review or appeals under the preserved Act provisions where applicable.
Liability allocation and claimants’ targets. The statutory protection for officials who act honestly and without negligence, and the attendant transfer of liability to the State (see s 7(2) and parallel provisions), changes the practical target for civil litigation that arises from transitional actions. Plaintiffs must therefore consider the State as the liable party in relevant claims rather than an individual official.
Because there are no named cases or litigation outcomes in the source text, practitioners must rely on these provisions’ procedural mechanics when forecasting likely litigation pathways. The preserved rights to continue proceedings and to lodge compensation applications indicate that litigation arising out of pre‑repeal conduct and administrative omissions will remain live even after the statutory repeals. Parties with pending matters should act promptly and account for the statutory requirement that the chief executive notify the PPS registrar as soon as practicable after decisions, which will affect record evidence in subsequent litigation or review.
Gotchas
Practical pitfalls, traps for the unwary and implementation risks are concentrated around timing, data transfer, counterparty non‑compliance, inspection windows, and the shifting of liability to the State. Specific points drawn from the text:
Application closing time is decisive but undefined in the supplied text. Many rights to have applications processed under the repealed Acts are explicitly conditional on being received before the application closing time. If an application or request is received after that time, the chief executive must not deal with it and must refund any fee (see multiple sections: e.g., ss 16(2); 19(2); 20(2); 22(2); 39(2); 42(2); 43(2); 45(2); 53(2); 55(2); 56(2); 57(2)). Parties that miss this cut‑off will find no administrative route under the Queensland registers and must use the PPS register or other legal remedies.
Refund obligation does not equate to substitute registration. The statutory duty to refund fees for post‑closing applications is procedural; it does not create an obligation for the chief executive to process the application in the PPS framework, except where other expressly preserved provisions require the chief executive to ask the PPS registrar to act (see ss 21(4), 23(4), 44(4)). Applicants should not assume a refund will be accompanied by a substantive alternative registration.
Data sharing despite other laws. Section 6(3) makes the data‑sharing power effective despite any other Act or law. If a party assumes statutory secrecy or privacy protections will prevent transfer of register data to the Commonwealth for PPS establishment, that assumption may be misplaced. The chief executive can provide information in any form the chief executive considers appropriate (s 6(1)-(2)). Affected parties should account for potential disclosure.
State assumes liability where officials protected. Officials acting honestly and without negligence are insulated from personal civil liability and the State becomes the liable party (see s 7(2) and equivalent provisions in other divisions). For claimants seeking redress for official acts or omissions, litigating against the State may have different procedural and funding consequences compared with suing an individual official.
Inspection windows and office locations. Inspection rights for former registers are only preserved for two years after repeal, and only for particulars included in the former register from the seven years before repeal. The chief executive must keep a copy of the former register for seven years. Inspection offices are listed and limited to specified departmental offices (see ss 17(1)-(4), 40(1)-(4), 60(1)-(4)). Users who require historical register data should plan inspections within the window and be prepared to attend the prescribed offices; a regulation may prescribe an inspection fee.
Expect delegation and variation in practice. The chief executive may delegate powers to appropriately qualified officers or public service employees and delegations that existed before repeal continue (see ss 8, 26, 48, 64). Administrative practice may vary between delegated officers; records of delegation should be checked where necessary to determine who lawfully made decisions.
Preservation of some show‑cause and appeal rights but not all. The Act preserves existing show‑cause notices and appeals in specified circumstances (see ss 58-59). However, those preserved rights only apply where the relevant periods or proceedings were active immediately before the repeal. Parties should verify the timing of notices, the expiration of periods, and whether their matter fits the statutory preservation criteria.
Limited scope for late confiscation order registrations. Requests for registration of confiscation orders received after the application closing time cannot be dealt with by the chief executive (see ss 18, 41, 54). Persons relying on such registrations should review timing and consider alternate legal avenues.
Compensation claims preserved but process may be under old rules. Several sections preserve rights to apply for compensation for loss under the repealed Acts (e.g., ss 24, 46, 61, 62). These claims will follow the procedures under the existing Act provisions preserved by the transitional provisions, which may differ from processes under the PPS Act.
Notification duty to PPS registrar. For some administrative decisions about whether an interest is a security interest or whether a registration should be cancelled, the chief executive must give the PPS registrar written notice as soon as practicable after deciding (see ss 58(2)(d), 59(2)(b)). Parties should expect these notifications will influence PPS register entries and evidence available in disputes.
These are concrete mechanistic risks visible in the statutory text. Practitioners should map applications and notices to the application closing time, secure documentation of pre‑repeal requests and show‑cause notices, track delegation arrangements, and schedule inspections within the statutory windows.
How to comply
Below is a practical checklist and recommended compliance steps, grounded in the instrument’s precise provisions, for the main affected actors: lenders and secured creditors, borrowers and lienors, counsel and compliance officers advising them, and departmental officials.
For lenders, secured creditors and entities holding registered interests
Verify timing of any applications or filings against the application closing time. If an application for registration, renewal, assignment or discharge was submitted before the application closing time, it remains subject to processing under the transitional provisions. If it was received after that time, the chief executive must not deal with it and must refund fees (see ss 16(1)-(2), 19(1)-(2), 20(1)-(2), 22(1)-(2), 39(1)-(2), 42(1)-(2), 43(1)-(2), 45(1)-(2), 53(1)-(2), 55(1)-(2), 56(1)-(2), 57(1)-(2)).
Maintain records of any pre‑repeal requests received from borrowers or lienors under the existing Acts, and evidence of any compliance or non‑compliance with statutory response obligations. If you are a lender who has been given a pre‑repeal borrower request under, for example, section 18F of the existing Act and you have not complied, the chief executive may ask the PPS registrar to register the discharge or change particulars (s 21(1)-(4)). Promptly respond to pre‑repeal statutory requests to avoid administrative transfer.
Where a show‑cause notice or proposed removal was outstanding immediately before repeal, ensure you have copies of notice periods, correspondence and records of any court proceedings. The chief executive may still deal with such notices under the former provisions and the person may have preserved rights to apply to a Magistrates Court (see s 58).
Anticipate that officials acting on your filings or requests may be protected from personal civil liability if they acted honestly and without negligence; accordingly, limit reliance on personal recourse against officials and consider the State as the potential defendant in negligence claims (s 7(1)-(2) and parallel provisions).
If you need to check historical register entries, arrange inspections promptly because inspection rights for former registers are preserved for two years post‑repeal for entries from the seven years preceding repeal; the chief executive must retain copies for seven years (see ss 17(1)-(3), 40(1)-(3), 60(1)-(3)). Check the list of prescribed departmental offices where inspection is available (see ss 17(4), 40(4), 60(4)).
For borrowers, lienors and persons affected by registered interests
If you made a pre‑repeal request to a lender or lienee under the existing Act and the lender or lienee has not complied, preserve evidence of the request and any statutory notices. The chief executive must treat such requests as continuing and, in default circumstances specified in the transitional provisions, must ask the PPS registrar to register the discharge or change particulars in accordance with the request (see ss 21(1)-(4), 44(1)-(4)). Keep copies of statutory notices given under the existing Acts.
Monitor the chief executive’s handling of any show‑cause notices or cancellation processes that were already active immediately before repeal, and be prepared to take appropriate Magistrates Court action if preserved appeal rights are available (see ss 58-59).
Use the inspection windows to obtain copies of entries in the former registers for the relevant seven year period prior to repeal. Identify which of the prescribed departmental offices is nearest and check whether a regulation prescribes an inspection fee (see ss 17(2), 40(2), 60(2)-(4)).
For departmental officials and delegated officers
Ensure delegations are documented and that any delegation in force immediately before repeal is recorded and continues to have effect under the transitional regime (see ss 8, 26, 48, 64). Confirm that delegated officers are appropriately qualified, in line with the statutory test for “appropriately qualified” (s 8(2)).
Exercise information‑sharing powers under s 6 in compliance with the statutory standard of acting honestly and without negligence; document the rationale for data transfers to the PPS registrar and the format used, because officials receive liability protection only where they act honestly and without negligence and liability otherwise attaches to the State (s 7(1)-(2)).
Follow statutory refund obligations where post‑closing applications are received. Establish a clear administrative protocol to identify applications received after the application closing time and ensure timely refunds.
Manage retention and inspection obligations for the former register: keep a copy of the former register for seven years and facilitate inspection at the prescribed offices for the two‑year window for qualifying entries (see ss 17(3), 40(3), 60(3)-(4)). Ensure a record is kept of inspections and any fees charged under regulation.
Where a pre‑repeal statutory borrower or lienor request remains outstanding because a lender or lienee has not complied in the statutory timeframes, follow the transitional obligation to ask the PPS registrar to effect the relevant registration or change (see ss 21(4), 23(4), 44(4)). Record the steps taken and communications with the PPS registrar.
For legal advisers and compliance officers
Map client matters to the application closing time and the preserved categories of pre‑repeal requests, show‑cause notices and compensation claims. Where applications were submitted before the closing time, track their handling under the preserved provisions; where applications were post‑closing, obtain refunds and advise clients on PPS register pathways.
Audit client documentation to ensure evidence of pre‑repeal requests, notices, and any statutory timings under the existing Acts are available and can be produced in any continued administrative or judicial process preserved by the transitional provisions (see ss 10, 11, 58-59).
For claimants pursuing compensation preserved under the existing Acts, identify which specific section of the existing Act applies to their claim (e.g., ss 18J/18K, 7P/7Q, 28/30 or 30ZB references preserved throughout the divisions) and follow the preserved statutory process for lodging and prosecuting compensation claims (see ss 24, 46, 61, 62).
General recordkeeping and timing controls
Document the receipt date and method for every registration, renewal, assignment, discharge or request relating to the old registers. That date will be decisive in determining whether a matter is preserved or falls foul of the application closing time.
Preserve all correspondence with lenders, lienees, the department, and the PPS registrar, and keep logs of any delegation instruments that empowered officers to act under the transitional provisions.
Prepare for inspection and copying needs immediately, because the inspection window is strictly time‑limited and the chief executive’s retention obligation lasts seven years only.
Following these steps, and citing the relevant sections noted above when communicating with counterparties or the department, will reduce the risk of missed deadlines, loss of administrative remedies, and evidence gaps in any compensation or appeal proceedings preserved by the transitional law.
The chief executive may delegate the chief executive’s powers under this Act to an appropriately qualified officer or employee of the department.
In this section—
appropriately qualified includes having the qualifications, experience or standing appropriate to exercise the power.
(sec.8-ssec.1) The chief executive may delegate the chief executive’s powers under this Act to an appropriately qualified officer or employee of the department.
(sec.8-ssec.2) In this section— appropriately qualified includes having the qualifications, experience or standing appropriate to exercise the power.
sec.9 Regulation-making power
sec.9 Regulation-making power
The Governor in Council may make regulations under this Act.
Without limiting subsection (1) , a regulation may be made about the fees payable under this Act and the matters for which the fees are payable.
(sec.9-ssec.1) The Governor in Council may make regulations under this Act.
(sec.9-ssec.2) Without limiting subsection (1) , a regulation may be made about the fees payable under this Act and the matters for which the fees are payable.
ch.2-pt.2 Transitional provisions
Transitional provisions
sec.10 Proceedings
sec.10 Proceedings
A proceeding relating to a matter arising under the provisions of a Queensland register Act that was commenced before the commencement of this part, but was not finally decided as at the commencement, may continue to be dealt with or otherwise decided as if those provisions had not been repealed.
sec.11 Offences
sec.11 Offences
This section applies if a person is alleged to have committed an offence against a Queensland register Act before the commencement of this part.
Despite the Criminal Code , section 11 , a proceeding for the offence may be started or continued, and the court may hear and decide the proceeding, as if this Act, other than this section, had not commenced.
(sec.11-ssec.1) This section applies if a person is alleged to have committed an offence against a Queensland register Act before the commencement of this part.
(sec.11-ssec.2) Despite the Criminal Code , section 11 , a proceeding for the offence may be started or continued, and the court may hear and decide the proceeding, as if this Act, other than this section, had not commenced.
ch.3-pt.1 Bills of Sale and Other Instruments Act 1955
Bills of Sale and Other Instruments Act 1955
ch.3-pt.1-div.1 Repeal
Repeal
sec.12 Repeal
sec.12 Repeal
The Bills of Sale and Other Instruments Act 1955 , No. 16 is repealed.
ch.3-pt.1-div.2 Transitional provisions
Transitional provisions
sec.13 Definitions for div 2
sec.13 Definitions for div 2
In this division—
existing Act means the Bills of Sale and Other Instruments Act 1955 as in force immediately before its repeal.
repeal means repeal of the existing Act.
sec.14 Words have meanings given by existing Act
sec.14 Words have meanings given by existing Act
A word used in this division and defined under the existing Act has the same meaning as it had under the existing Act.
sec.15 Continuing of provisions of existing Act
sec.15 Continuing of provisions of existing Act
If, despite the repeal, a provision of the existing Act (the primary provision ) is continued in effect for a purpose under this division, any other provision of the existing Act (a related provision ) mentioned in the primary provision is also continued in effect to the extent necessary for the purposes of the continued application of the primary provision.
sec.16 Applications for registration or renewal of registration of security interests
sec.16 Applications for registration or renewal of registration of security interests
This section applies if, after the application closing time, the chief executive receives an application for the registration, or renewal of registration, of a security interest.
Despite sections 9 , 10 and 11 of the existing Act, the chief executive—
can not deal with the application after the application closing time; and
must refund any fee that accompanied the application.
(sec.16-ssec.1) This section applies if, after the application closing time, the chief executive receives an application for the registration, or renewal of registration, of a security interest.
(sec.16-ssec.2) Despite sections 9 , 10 and 11 of the existing Act, the chief executive— can not deal with the application after the application closing time; and must refund any fee that accompanied the application.
(a) can not deal with the application after the application closing time; and
(b) must refund any fee that accompanied the application.
sec.17 Inspection of register
sec.17 Inspection of register
Despite the repeal, section 13 of the existing Act continues to apply for a period of 2 years after the repeal in relation to particulars included in the former register in the period starting 7 years before the repeal and ending at the repeal.
A regulation may prescribe a fee for inspecting the former register.
The chief executive must keep a copy of the information contained in the former register, as it existed immediately before the repeal, for 7 years after the repeal.
For section 13 (1) (a) of the existing Act, the offices of the department at the following places are offices where the register may be inspected—
Brisbane;
Cairns;
Mackay;
Maroochydore;
Rockhampton;
Southport;
Townsville.
In this section—
former register means the register of security interests required to be kept under section 8 of the existing Act.
(sec.17-ssec.1) Despite the repeal, section 13 of the existing Act continues to apply for a period of 2 years after the repeal in relation to particulars included in the former register in the period starting 7 years before the repeal and ending at the repeal.
(sec.17-ssec.2) A regulation may prescribe a fee for inspecting the former register.
(sec.17-ssec.3) The chief executive must keep a copy of the information contained in the former register, as it existed immediately before the repeal, for 7 years after the repeal.
(sec.17-ssec.4) For section 13 (1) (a) of the existing Act, the offices of the department at the following places are offices where the register may be inspected— Brisbane; Cairns; Mackay; Maroochydore; Rockhampton; Southport; Townsville.
(sec.17-ssec.5) In this section— former register means the register of security interests required to be kept under section 8 of the existing Act.
(a) Brisbane;
(b) Cairns;
(c) Mackay;
(d) Maroochydore;
(e) Rockhampton;
(f) Southport;
(g) Townsville.
sec.18 Requests for registration of confiscation orders
sec.18 Requests for registration of confiscation orders
This section applies if, after the application closing time, the chief executive receives a request for the registration of a confiscation order in relation to chattels of a person or creating a charge over the chattels of a person.
Despite section 15 of the existing Act, the chief executive can not deal with the request after the application closing time.
(sec.18-ssec.1) This section applies if, after the application closing time, the chief executive receives a request for the registration of a confiscation order in relation to chattels of a person or creating a charge over the chattels of a person.
(sec.18-ssec.2) Despite section 15 of the existing Act, the chief executive can not deal with the request after the application closing time.
sec.19 Applications for registration of assignments of registered security interests
sec.19 Applications for registration of assignments of registered security interests
This section applies if, after the application closing time, the chief executive receives an application for the registration of an assignment of a registered security interest.
Despite sections 16 and 17 of the existing Act, the chief executive—
can not deal with the application after the application closing time; and
must refund any fee that accompanied the application.
(sec.19-ssec.1) This section applies if, after the application closing time, the chief executive receives an application for the registration of an assignment of a registered security interest.
(sec.19-ssec.2) Despite sections 16 and 17 of the existing Act, the chief executive— can not deal with the application after the application closing time; and must refund any fee that accompanied the application.
(a) can not deal with the application after the application closing time; and
(b) must refund any fee that accompanied the application.
sec.20 Applications for discharge of registered security interests
sec.20 Applications for discharge of registered security interests
This section applies if, after the application closing time, the chief executive receives an application for the full or partial discharge of a registered security interest.
Despite sections 18C and 18D of the existing Act, the chief executive—
can not deal with the application after the application closing time; and
must refund any fee that accompanied the application.
(sec.20-ssec.1) This section applies if, after the application closing time, the chief executive receives an application for the full or partial discharge of a registered security interest.
(sec.20-ssec.2) Despite sections 18C and 18D of the existing Act, the chief executive— can not deal with the application after the application closing time; and must refund any fee that accompanied the application.
(a) can not deal with the application after the application closing time; and
(b) must refund any fee that accompanied the application.
sec.21 Requests to register discharge or change in particulars
sec.21 Requests to register discharge or change in particulars
This section applies if—
before the repeal, the borrower in relation to a registered security interest made a request to the lender under section 18F (1) of the existing Act in relation to the security interest; and
at the time of the repeal, the lender had not complied with section 18F (2) of the existing Act in relation to the request.
Despite the repeal, section 18F continues to apply to the request.
However, subsection (4) applies if the lender—
has been given a notice under section 18F (4) ; and
has not complied with section 18F (5) (a) or (b) before the end of the notice period.
The chief executive must ask the PPS registrar to, in accordance with the request under section 18F (1) —
register the discharge in the PPS register; or
change the particulars included in the PPS register.
(sec.21-ssec.1) This section applies if— before the repeal, the borrower in relation to a registered security interest made a request to the lender under section 18F (1) of the existing Act in relation to the security interest; and at the time of the repeal, the lender had not complied with section 18F (2) of the existing Act in relation to the request.
(sec.21-ssec.2) Despite the repeal, section 18F continues to apply to the request.
(sec.21-ssec.3) However, subsection (4) applies if the lender— has been given a notice under section 18F (4) ; and has not complied with section 18F (5) (a) or (b) before the end of the notice period.
(sec.21-ssec.4) The chief executive must ask the PPS registrar to, in accordance with the request under section 18F (1) — register the discharge in the PPS register; or change the particulars included in the PPS register.
(a) before the repeal, the borrower in relation to a registered security interest made a request to the lender under section 18F (1) of the existing Act in relation to the security interest; and
(b) at the time of the repeal, the lender had not complied with section 18F (2) of the existing Act in relation to the request.
(a) has been given a notice under section 18F (4) ; and
(b) has not complied with section 18F (5) (a) or (b) before the end of the notice period.
(a) register the discharge in the PPS register; or
(b) change the particulars included in the PPS register.
sec.22 Applications to change particulars in register
sec.22 Applications to change particulars in register
This section applies if, after the application closing time, the chief executive receives an application to change stated particulars included in the register in relation to an interest.
Despite section 18G of the existing Act, the chief executive—
can not deal with the application after the application closing time; and
must refund any fee that accompanied the application.
(sec.22-ssec.1) This section applies if, after the application closing time, the chief executive receives an application to change stated particulars included in the register in relation to an interest.
(sec.22-ssec.2) Despite section 18G of the existing Act, the chief executive— can not deal with the application after the application closing time; and must refund any fee that accompanied the application.
(a) can not deal with the application after the application closing time; and
(b) must refund any fee that accompanied the application.
sec.23 Removal of particulars of improperly registered interests
sec.23 Removal of particulars of impr
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