Northern Territory Consolidated Acts

REGISTRATION OF INTERESTS IN MOTOR VEHICLES AND OTHER GOODS ACT - SECT 3

(1) In this Act, unless the contrary intention appears -

approved means approved by the Registrar.

Commissioner of Police means the Commissioner of Police appointed under the Police Administration Act , and, where the context requires it, includes a person holding an office in a State or another Territory of the Commonwealth equivalent to that of the Commissioner of Police.

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 Part 10 of the Consumer Affairs and Fair Trading Act ; 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.

goods means all chattels personal other than -

(a) things in action and money; and

(b) anything the subject of a lien or mortgage under Part III or IV of the Instruments Act or to which either of those Parts apply.

hire-purchase means an agreement for -

(a) letting goods with an option to purchase them; or

(b) 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 on, 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) a contract for the hiring of the goods which is not a hire-purchase agreement; or

(b) a licence to use the goods.

motor vehicle means a motor car, motor carriage, motor cycle, tractor or other vehicle propelled wholly or partly by 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 a 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 prescribed State or Territory of the Commonwealth, being a State or Territory which has enacted legislation that provides for the registration of interests in goods that arise under a law of that State or Territory.

prescribed , in relation to fees, means prescribed by the Minister under section 15(1).

prescribed goods means -

(a) a motor vehicle; or

(b) any other goods prescribed by the Regulations.

prime identifier , in relation to goods, means the particular 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 -

(a) the Register of Interests in Motor Vehicles and Other Goods maintained under section 6; or

(b) where the Minister has entered into an agreement under section 24 which provides for the registration of security interests in goods in the Territory in the register maintained under the law for the registration of security interests of the State or other Territory of the Commonwealth with which the agreement is made, the register kept under that law.

registered means recorded in the Register otherwise than in accordance with section 9.

registrable interest , in relation to goods, means the interest in the goods of -

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

(b) a lessor of the goods;

(c) the owner under a hire-purchase agreement relating to the goods; or

(d) any other prescribed interest in the goods,

whether arising under a law of the Territory or of a participating State.

Registrar means the Registrar of Interests in Goods specified in section 4, and includes an officer or authority of a State or other Territory of the Commonwealth exercising and discharging the powers and authorities, and performing the functions and duties of the Registrar pursuant to an agreement under section 24(1).

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.

(2) In this Act, a reference to the 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.