Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts"creditor", in relation to a registrable interest in a motor vehicle, means the person in whom the registrable interest is vested.
"debtor", in relation to a registrable interest in a motor vehicle, means—
(a) if the registrable interest is a security interest in the vehicle—the person whose performance of an obligation is secured by the security interest; or
(b) if the registrable interest is the interest in the vehicle of a lessor—the lessee of the vehicle; or
(c) if the registrable interest is the interest in the vehicle of the owner under a hire-purchase agreement to which the vehicle is subject—the hirer of the goods; or
(d) if the registrable interest is any other interest in the vehicle prescribed under the regulations under the NSW Act—the person prescribed under those regulations as the debtor.
"director-general" means the director-general under the NSW Act.
"hirer", in relation to a hire-purchase agreement for a motor vehicle, means the person to whom the vehicle is let, hired or agreed to be sold under the hire-purchase agreement.
"lease", of a motor vehicle, means a contract for hiring the vehicle that is not a hire-purchase agreement.
"non-dealer" means a person who is not a dealer.
"notice"—a person has notice of a registrable interest in a motor vehicle if the person has—
(a) knowledge of a registrable interest in the vehicle; or
(b) knowledge that an inquiry might reasonably be expected to reveal a registrable interest in the vehicle, even though the person has deliberately not made the inquiry.
"NSW Act" means the Registration of Interests in Goods Act 1986 (NSW).
"owner", in relation to a hire-purchase agreement for a motor vehicle, means the person by whom the vehicle is let, hired or agreed to be sold under the hire-purchase agreement.
"participating State"—see the NSW Act, section 3 (1).
"payment", of a purchase price, means—
(a) if the purchase is not by an exchange—giving valuable consideration for the purchase price; or
(b) if all of the purchase price is not paid at the same time—the first payment of part of the purchase price; or
(c) if the purchase is by an exchange—making the exchange.
"purchase", of a motor vehicle, means acquiring the vehicle from a person selling or exchanging the vehicle who has, or appears to have, authority to dispose of the vehicle in that way.
"register of interests" means the Register of Interests in Goods under the NSW Act, section 4.
"registered" means recorded in the register of interests otherwise than under the NSW Act, section 5 (3).
Note Section 5 (3) deals with the recording of information on the director-general's own initiative, including information received from the police about stolen motor vehicles.
"registrable interest", in a motor vehicle, means any of the following interests in the vehicle, whether arising under the law of the ACT, New South Wales or another participating State:
(a) the interest of a person who is owed an obligation the performance of which is secured by a security interest to which the vehicle is subject;
(b) the interest of a lessor of the vehicle;
(c) the interest of the owner under a hire-purchase agreement for the vehicle;
(d) any other interest prescribed under regulations under the NSW Act.
"security interest", in relation to a motor vehicle, means an interest or power—
(a) reserved in or over an interest in the vehicle; or
(b) created or otherwise arising in or over an interest in the vehicle under a bill of sale, mortgage, charge, trust or power;
by way of security for the payment of a debt or other financial obligation or the performance of any other obligation, but does not include an interest or power reserved or created, or otherwise arising, under a lease, hire-purchase agreement or agreement excluded from the NSW Act, section 3 (1), definition of security interest by regulations under the NSW Act.