17Effect of charge on goods

17 Effect of charge on goods

(1) A charge created on goods under section 16 has priority over any other interest in the goods (including a security interest within the meaning of the Personal Property Securities Act 2009). (2) Subsection 73(2) of the Personal Property Securities Act 2009 applies to the charge.

Note: The effect of this subsection is that the priority between the Commonwealth’s charge and a security interest in the goods to which the Personal Property Securities Act 2009 applies is to be determined in accordance with this Act rather than the Personal Property Securities Act 2009.

(3) The charge remains in force until: (a) the quarantine charge or late payment fee referred to in subsection 16(2) is paid; or (b) the goods are sold under section 29. (4) To avoid doubt, the charge is not affected: (a) by any change in ownership of the goods; or (b) if the goods are released from quarantine; or (c) if any treatment required in relation to the goods is not carried out.