New South Wales Consolidated Acts

REGISTRATION OF INTERESTS IN GOODS ACT 1986 - SECT 3

3 Definitions

(1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires:
"corresponding law" means a law of a participating State that provides for the registration of interests in goods.
"creditor", in relation to a registrable interest in goods, means the person in whom the registrable interest is vested.
"dealer", in relation to goods, means:

(a) where the goods are a motor vehicle-a dealer within the meaning of the Motor Dealers Act 1974 , or

(b) in any other case-a person prescribed as a dealer in the goods.

"debtor", in relation to a registrable interest in goods, means:

(a) where the registrable interest is a security interest in the goods-the person whose performance of an obligation is secured by the security interest,

(b) where the registrable interest is the interest in the goods of a lessor-the lessee of the goods,

(c) where the registrable interest is the interest in the goods of the owner under a hire-purchase agreement to which the goods are subject-the hirer of the goods, or

(d) where the registrable interest is any other prescribed interest in the goods-the person prescribed as the debtor.

"Director-General" means the Director-General of the Department of Fair Trading holding office as such under Part 2 of the Public Sector Management Act 1988 .
"goods" means all chattels personal other than:

(a) things in action and money, and

(b) anything that may be the subject of an agreement registrable under the Liens on Crops and Wool and Stock Mortgages Act 1898 .

"hire-purchase agreement" means:

(a) a letting of goods with an option to purchase the goods, or

(b) an agreement for the purchase of goods by instalments (whether described as rent or hire or otherwise) not being an agreement whereby the property in the goods being purchased passes at the time of the agreement or upon, or at any time before, delivery of the goods.

"hirer", in relation to a hire-purchase agreement, means the person to whom goods are let, hired or agreed to be sold under the hire-purchase agreement.
"lease", in relation to goods, means a contract for the hiring of the goods that is not a hire-purchase agreement.
"motor vehicle" means any motor car, motor carriage, motor cycle, tractor, or other vehicle propelled wholly or partly by any volatile spirit, steam, gas, oil or electricity, or by any means other than human or animal power, and includes a trailer or caravan, but does not include any vehicle used on a railway or tramway.
"owner", in relation to a hire-purchase agreement, means the person by whom goods are let, hired or agreed to be sold under the hire-purchase agreement.
"participating State" means a State or Territory that is prescribed for the purposes of this definition, being a State or Territory which has enacted legislation that provides for the registration of interests in goods that arise under the law of that State or Territory.
"prescribed goods" means:

(a) a motor vehicle, or

(b) any other goods prescribed by the regulations,

whether situated in the State or elsewhere.
"prime identifier", in relation to goods, means the particulars of those goods prescribed as the prime identifier for the purposes of this Act.
"purchase", in relation to goods, means acquire the goods from a person selling or exchanging the goods and having, or purporting to have, authority to dispose of the goods by that means.
"Register" means the Register of Interests in Goods maintained under section 4.
"registered" means recorded in the Register otherwise than in accordance with section 5 (3).
"registrable interest", in relation to goods, means:

(a) the interest in the goods of the person to whom is owed the obligation of which the performance is secured by a security interest to which the goods are subject,

(b) the interest in the goods of a lessor of the goods,

(c) the interest in the goods of the owner under a hire-purchase agreement relating to the goods, or

(d) any other prescribed interest in the goods,

whether arising under the law of New South Wales or of a participating State.
"regulations" means regulations made under section 21.
"security interest", in relation to goods, means an interest or power:

(a) reserved in or over an interest in the goods, or

(b) created or otherwise arising in or over an interest in the goods under a bill of sale, mortgage, charge, trust or power,

by way of security for the payment of a debt or other pecuniary obligation or the performance of any other obligation but does not include an interest or a power reserved or created, or otherwise arising, under a lease or hire-purchase agreement or an agreement excluded from this definition by the regulations.
"this Act" includes the regulations.
"Tribunal" means the Administrative Decisions Tribunal.

(2) In this Act, a reference to payment of a purchase price is a reference:

(a) where the purchase is effected otherwise than by an exchange-to a manner of giving valuable consideration in satisfaction of the purchase price,

(b) where the whole of the purchase price is not paid at one time-to the first payment of part of the purchase price, or

(c) where the purchase is effected by an exchange-to the making of the exchange.

(3) For the purposes of this Act, a person is without notice of a registrable interest only if under section 164 of the Conveyancing Act 1919 (read subject to section 8 of this Act) the person is not prejudicially affected by notice of the interest.

(4) Notes included in this Act do not form part of this Act.