Commonwealth Numbered Acts

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PERSONAL PROPERTY SECURITIES ACT 2009 (NO. 130, 2009) - SECT 79

Transfer of collateral despite prohibition in security agreement

             (1)  If collateral would be able to be transferred (including by sale, by creating a security interest or under proceedings to enforce a judgment) but for a provision in an agreement (whether or not a security agreement) prohibiting the transfer or declaring the transfer to be a default, t he collateral may be transferred, despite the provision:

                     (a)  by consent between the grantor and the transferee; or

                     (b)  by operation of law.

Note:          See section 32 in relation to security interests in proceeds that arise as a result of a transfer.

             (2)  A transfer mentioned in subsection (1) does not prejudice the rights of the secured party under the security agreement or otherwise, including the right to treat a prohibited transfer as an act of default.



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