Personal Property Securities (Statute Law Revision and Implementation) Act 2010
No. 74 of 2010
Version incorporating amendments as at
3 March 2014
table of provisions
Section Page
Part 1—Preliminary 1
1 Purposes 1
2 Commencement 1
Part 2—Chattel Securities Act 1987 2
3 Repeal of Part 1 of the Chattel Securities Act 1987 2
4 Repeal of certain sections of Part 2 of the Chattel Securities Act 1987 2
5 Repeal of Part 3 of the Chattel Securities Act 1987 2
Part 3—Co-operatives Act 1996 3
Division 1—Repeal and provisional registration 3
7 Repeal 3
8 Provisional registration 3
Part 4—Instruments Act 1958 5
15 Repeal 5
Part 5—Provision of Information 6
17 Definitions 6
18 Provision of information for the purposes of the Personal Property Securities Act 2009 of the Commonwealth—Chattel Securities Act 1987 6
19 Provision of information for the purposes of the Personal Property Securities Act 2009 of the Commonwealth—Instruments Act 1958 7
20 Provision of information for the purposes of the Personal Property Securities Act 2009 of the Commonwealth—Co‑operatives National Law (Victoria) 8
21 Immunity 8
ENDNOTES 11
General Information 11
Table of Amendments 12
Explanatory Details 13
Version No.006
Personal Property Securities (Statute Law Revision and Implementation) Act 2010
No. 74 of 2010
Version incorporating amendments as at
3 March 2014
The Parliament of Victoria enacts:
Part 1—Preliminary
1 Purposes
The purposes of this Act are to revise the statute law of Victoria as a consequence of the enactment of the Personal Property Securities (Commonwealth Powers) Act 2009 and to provide for the implementation of that Act.
Section 1 - Personal Property Securities (Statute Law Revision and Implementation) Act 2010 - Personal Property Securities (Statute Law Revision and Implementation) Act 2010 | Zoe
2 Commencement
(1) Parts 1 and 5 of this Act come into operation on the day after the day on which this Act receives the Royal Assent.
S. 2(2) amended by No. 36/2011 s. 30(a).
(2) The remaining provisions of this Act come into operation on a day or days to be proclaimed.
S. 2(3) repealed by No. 36/2011 s. 30(b).
Part 2—Chattel Securities Act 1987
See:
Act No.
15/1987.
Reprint No. 3
as at
10 May 2007
and amending
Act Nos
74/2007 and 2/2008.
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3 Repeal of Part 1 of the Chattel Securities Act 1987
s. 3
Part 1 of the Chattel Securities Act 1987 is repealed.
4 Repeal of certain sections of Part 2 of the Chattel Securities Act 1987
Sections 4, 5, 7, 8, 9, 10, 11 and 12 of the Chattel Securities Act 1987 are repealed.
5 Repeal of Part 3 of the Chattel Securities Act 1987
Part 3 of the Chattel Securities Act 1987 is repealed.
S. 6 repealed by No. 74/2010 s. 38.
Part 3—Co-operatives Act 1996
Division 1—Repeal and provisional registration
7 Repeal
s. 7
See:
Act No.
84/1996.
Reprint No. 3
as at
9 November 2006
and amending
Act Nos
13/2008, 68/2008 and 1/2010.
LawToday: www.
legislation.
vic.gov.au
(1) Division 2 of Part 10 of the Co-operatives Act 1996 is repealed.
(2) Schedule 3 to the Co-operatives Act 1996 is repealed.
8 Provisional registration
(1) If, before the commencement time, a defective notice in respect of a charge is lodged with the Registrar under clause 19 of Schedule 3 to the Co‑operatives Act 1996, clause 21(2) of that Schedule does not apply if the Registrar considers that there is insufficient time between the day on which the notice is lodged and the commencement time for—
(a) the defect to be rectified; or
(b) notice under that subclause to be given.
(2) In this section—
charge has the same meaning as it has in Schedule 3 to the Co-operatives Act 1996;
commencement time means the commencement of section 7;
defective notice has the same meaning as it has in Schedule 3 to the Co-operatives Act 1996;
Registrar has the same meaning as it has in the Co-operatives Act 1996.
Pt 3 Div. 2 (Heading and ss 9–14) repealed by No. 74/2010 s. 38.
s. 8
Part 4—Instruments Act 1958
15 Repeal
s. 15
See:
Act No.
6279.
Reprint No. 11
as at
9 March 2009
and amending
Act Nos
78/2008 and 69/2009.
LawToday: www.
legislation.
vic.gov.au
(1) Part VII of the Instruments Act 1958 is repealed.
(2) The Sixth Schedule to the Instruments Act 1958 is repealed.
(3) Part VIII of the Instruments Act 1958 is repealed.
(4) The Seventh Schedule to the Instruments Act 1958 is repealed.
(5) The Eighth Schedule to the Instruments Act 1958 is repealed.
S. 16 repealed by No. 74/2010 s. 38.
Part 5—Provision of Information
17 Definitions
s. 17
In this Part—
corresponding Authority has the same meaning as it has in the Chattel Securities Act 1987 as in force immediately before the commencement of section 3 of this Act;
interstate registrable goods has the same meaning as it has in the Chattel Securities Act 1987 as in force immediately before the commencement of section 3 of this Act;
S. 17 def. of Registrar amended by No. 9/2013 s. 42(Sch. 2 item 14(1)).
Registrar has the same meaning as it has in the Co‑operatives National Law Application Act 2013;
Registrar of Personal Property Securities has the same meaning as it has in the Personal Property Securities Act 2009 of the Commonwealth;
Registrar-General has the same meaning as it has in the Instruments Act 1958;
Corporation has the same meaning as it has in the Chattel Securities Act 1987 as in force immediately before the commencement of section 3 of this Act.
18 Provision of information for the purposes of the Personal Property Securities Act 2009 of the Commonwealth—Chattel Securities Act 1987
(1) The Corporation may provide, or cause to be provided, to the Registrar of Personal Property Securities or to any person employed in the administration of the Personal Property Securities Act 2009 of the Commonwealth, any information contained in the records of the Corporation under Part 3 of the Chattel Securities Act 1987 that is necessary to give effect to the Personal Property Securities Act 2009 of the Commonwealth, including to assist in the establishment of the Personal Property Securities Register.
(2) The information may be provided—
(a) before, on or after the commencement of section 5; and
(b) in any form the Corporation considers appropriate.
(3) Under subsection (1), the Corporation may disclose particulars or information relating to a security interest in interstate registrable goods only if—
(a) the Corporation held the particulars or information under an arrangement under section 15A of the Chattel Securities Act 1987 as in force before the commencement of section 5 with a corresponding Authority; and
(b) that corresponding Authority has requested the Corporation to disclose the particulars or information.
19 Provision of information for the purposes of the Personal Property Securities Act 2009 of the Commonwealth—Instruments Act 1958
s. 19
(1) The Registrar-General may provide, or cause to be provided, to the Registrar of Personal Property Securities or to any person employed in the administration of the Personal Property Securities Act 2009 of the Commonwealth, any information contained in the records of the Registrar-General's office under Part VII or VIII of the Instruments Act 1958 that is necessary to give effect to the Personal Property Securities Act 2009 of the Commonwealth, including to assist in the establishment of the Personal Property Securities Register.
(2) The information may be provided—
(a) before, on or after the commencement of section 15; and
(b) in any form the Registrar-General considers necessary.
S. 20 (Heading) amended by No. 9/2013 s. 42(Sch. 2 item 14(2)).
20 Provision of information for the purposes of the Personal Property Securities Act 2009 of the Commonwealth—Co‑operatives National Law (Victoria)
s. 20
S. 20(1) amended by No. 9/2013 s. 42(Sch. 2 item 14(3)).
(1) The Registrar may provide, or may cause to be provided, to the Registrar of Personal Property Securities or to any person employed in the administration of the Personal Property Securities Act 2009 of the Commonwealth, any information contained in the records of the Registrar under the Co‑operatives National Law (Victoria) that is necessary to give effect to the Personal Property Securities Act 2009 of the Commonwealth, including to assist in the establishment of the Personal Property Securities Register.
(2) The information may be provided—
(a) before, on or after the commencement of section 7; and
(b) in any form the Registrar considers necessary.
21 Immunity
The State or the Corporation, or an officer, employee or agent of the State or the Corporation, is not liable for anything done or omitted to be done in good faith by the State, the Corporation or the officer, employee or agent—
(a) in the exercise of a power or the discharge of a duty under section 18, 19 or 20 of this Act or section 41 of the Chattel Securities Act 1987; or
(b) in the reasonable belief that the act or omission was in the exercise of a power or the discharge of a duty under section 18, 19 or 20 of this Act or section 41 of the Chattel Securities Act 1987.
s. 21
Pts 6–9 (Headings and ss 22–38) repealed by No. 74/2010 s. 38.
s. 22
Sch. repealed by No. 74/2010 s. 38.
ENDNOTES
Endnotes
General Information
Minister's second reading speech—
Legislative Council: 29 July 2010
Legislative Assembly: 2 September 2010
The long title for the Bill for this Act was "A Bill for an Act to revise the statute law of Victoria as a consequence of the enactment of the Personal Property Securities (Commonwealth Powers) Act 2009, to provide for the implementation of that Act and for other purposes."
The Personal Property Securities (Statute Law Revision and Implementation) Act 2010 was assented to on 19 October 2010 and came into operation as follows:
Part 1 (sections 1, 2) and Part 5 (sections 17–21) on 20 October 2010: section 2(1); sections 8, 12–14 on 1 January 2012: Special Gazette (No. 423) 21 December 2011 page 3; rest of Act on 30 January 2012: Special Gazette (No. 423) 21 December 2011 page 1.
Table of Amendments
This Version incorporates amendments made to the Personal Property Securities (Statute Law Revision and Implementation) Act 2010 by Acts and subordinate instruments.