New South Wales Consolidated Acts

REGISTRATION OF INTERESTS IN GOODS ACT 1986 - SCHEDULE 1

SCHEDULE 1 – Savings, transitional and other provisions

(Section 22)

Part 1 - Preliminary

1A Regulations

(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:

Registration of Interests in Goods Amendment Act 1999

Security Interests in Goods Act 2005 (but only to the extent that it amends this Act)

(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.

(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:

(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or

(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.

Part 2 - Registration of Interests in Goods (Amendment) Act 1989

1 Certificates

(1) A certificate issued in the form of a statement under section 8 before the commencement of section 8 (1A) is to be considered to have been validly issued.

(2) Section 8 (7A) applies to a certificate issued before (as well as after) that subsection commences.

2 Restrictions on compensation

(1) Section 13 (2) (a) (no compensation where incorrect prime identifier supplied by creditor in an application for registration) does not apply in respect of an application for registration made before the commencement of that provision.

(2) Section 13 (2) (b) (no compensation merely because interest not registered by end of next business day) does not apply in respect of an application for registration made before that provision commences.

(3) Section 13 (2) (c) (no compensation where registration cancelled) applies whether the cancellation concerned occurred before or after the commencement of that provision but does not apply in respect of an award of compensation applied for before that commencement.

(4) Section 13 (2) (d) (no compensation where application for registration rejected) does not apply where the application for registration concerned was rejected before the commencement of that provision.

3 Purchases by dealers

Section 10 (1A) does not apply to a purchase by a dealer of goods before that provision commences.

Part 3 - Registration of Interests in Goods Amendment Act 1999

4 Constructive notice

Section 3A does not apply to a registrable interest that arose before the commencement of that section.

5 Repairers’ liens

Section 3B does not apply to a repairer’s lien that arose before the commencement of that section.

6 Protection from liability

Section 8 (9) does not apply in respect of information provided before the commencement of that subsection.

7 Operation of section 9 amendments

An amendment made to section 9 by the Registration of Interests in Goods Amendment Act 1999 does not apply in respect of a purchase of goods that occurred before the commencement of the amendment, and that section continues to apply in respect of such a purchase as if the amendment had not been made.

8 Priority of registrable interests

Section 10A does not apply to a registrable interest that arose before the commencement of that section.

9 Assessment of compensation

An amendment made to section 14 by the Registration of Interests in Goods Amendment Act 1999 does not apply to the determination of compensation in respect of a purchase that occurred before the commencement of the amendment, and that section continues to apply in respect of such a determination as if the amendment had not been made.