23Effect of charge on vessel

23 Effect of charge on vessel

(1) A charge on a vessel created by section 22 has priority over any other interest in the vessel (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 vessel 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 22(2) is paid; or (b) the vessel is sold under section 29. (4) To avoid doubt, the charge is not affected by any change in ownership of the vessel.