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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Personal Property Securities
(Ancillary Provisions) Bill 2010
Queensland
Personal Property Securities (Ancillary
Provisions) Bill 2010
Contents
Page
Chapter 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
3 Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
4 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
5 References to charges and fixed and floating charges . . . . . . . . 16
Chapter 2 Migration of personal property data
Part 1 General
6 Giving of information to PPS registrar . . . . . . . . . . . . . . . . . . . . . 17
7 Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
8 Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
9 Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Part 2 Transitional provisions
10 Proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
11 Offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Chapter 3 Acts with Queensland registers
Part 1 Bills of Sale and Other Instruments Act 1955
Division 1 Repeal
12 Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Division 2 Transitional provisions
13 Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
14 Words have meanings given by existing Act . . . . . . . . . . . . . . . . 20
15 Continuing of provisions of existing Act . . . . . . . . . . . . . . . . . . . . 20
16 Applications for registration or renewal of registration of security
interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
17 Inspection of register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Personal Property Securities (Ancillary Provisions) Bill 2010
Contents
18 Requests for registration of confiscation orders . . . . . . . . . . . . . . 21
19 Applications for registration of assignments of registered security
interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
20 Applications for discharge of registered security interests . . . . . . 22
21 Requests to register discharge or change in particulars . . . . . . . 22
22 Applications to change particulars in register. . . . . . . . . . . . . . . . 23
23 Removal of particulars of improperly registered interests . . . . . . 23
24 Applications for compensation for loss . . . . . . . . . . . . . . . . . . . . . 24
25 Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
26 Delegations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Part 2 Amendment of Cooperatives Act 1997
27 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
28 Amendment of s 45 (Filing of documents not to constitute
constructive knowledge) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
29 Omission of pt 10, div 2 (Registration of charges) . . . . . . . . . . . . 25
30 Amendment of s 437 (Register of cooperatives) . . . . . . . . . . . . . 25
31 Insertion of new pt 19, div 1, hdg . . . . . . . . . . . . . . . . . . . . . . . . . 25
Division 1 Repeals, savings and transitional provisions
for Act No. 39 of 1997'.
32 Insertion of new pt 19, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Division 2 Transitional provisions for Personal Property
Securities (Ancillary Provisions) Act 2010
472 Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
473 Inspection of register . . . . . . . . . . . . . . . . . . . . . . . . . 26
474 Defective notice relating to charge received before
application closing time . . . . . . . . . . . . . . . . . . . . . . . 27
475 Notice relating to charge received after application
closing time . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
476 Defective notice relating to charge received after
application closing time . . . . . . . . . . . . . . . . . . . . . . . 28
477 Registrable charge void immediately before repeal
of sch 3 ............................. 29
478 Registrable charge void after repeal of sch 3 . . . . . . . 29
479 Continuation of application of sch 3, pt 2, div 5 to
certain charges. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
480 Notice relating to assignment or variation of charge
received after application closing time . . . . . . . . . . . . 30
481 Memorandum relating to satisfaction of, or release
from, charge received after application closing time . 31
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Personal Property Securities (Ancillary Provisions) Bill 2010
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482 Register kept by cooperative . . . . . . . . . . . . . . . . . . . 31
483 Issue of certificates by registrar . . . . . . . . . . . . . . . . . 31
484 Priority between registrable charges . . . . . . . . . . . . . 32
485 Effect of regulation amendment . . . . . . . . . . . . . . . . . 32
33 Omission of sch 3 (Registration etc. of charges) . . . . . . . . . . . . . 32
34 Amendment of sch 8 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 32
Part 3 Liens on Crops of Sugar Cane Act 1931
Division 1 Repeal
35 Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
Division 2 Transitional provisions
36 Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
37 Words have meanings given by existing Act . . . . . . . . . . . . . . . . 34
38 Continuing of provisions of existing Act . . . . . . . . . . . . . . . . . . . . 34
39 Applications for registration or renewal of registration of liens . . . 35
40 Inspection of register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
41 Requests for registration of confiscation orders . . . . . . . . . . . . . . 36
42 Applications for registration of assignments of registered liens . . 36
43 Applications for discharge of registered liens . . . . . . . . . . . . . . . . 36
44 Requests to register discharge or change in particulars . . . . . . . 37
45 Applications to change particulars in register. . . . . . . . . . . . . . . . 37
46 Applications for compensation for loss . . . . . . . . . . . . . . . . . . . . . 38
47 Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
48 Delegations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Part 4 Motor Vehicles and Boats Securities Act 1986
Division 1 Repeal
49 Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
Division 2 Transitional provisions
50 Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
51 Words have meanings given by existing Act . . . . . . . . . . . . . . . . 39
52 Continuing of provisions of existing Act . . . . . . . . . . . . . . . . . . . . 39
53 Applications for registration or renewal of registration of security
interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
54 Requests for registration of confiscation orders . . . . . . . . . . . . . . 40
55 Applications for registration of assignments of registered
security interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
56 Applications for discharge of registered security interests . . . . . . 41
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Personal Property Securities (Ancillary Provisions) Bill 2010
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57 Applications to change particulars in register. . . . . . . . . . . . . . . . 41
58 Show cause notices about improperly registered security
interests ....................................... 41
59 Show cause notices about cancellation of registered security
interests that have been discharged or extinguished . . . . . . . . . . 42
60 Inspection of register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
61 Applications for compensation for loss . . . . . . . . . . . . . . . . . . . . . 43
62 Compensation for repairing or replacing damaged property . . . . 44
63 Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
64 Delegations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
Chapter 4 Other legislation
Department of Communities
Part 1 Amendment of Major Sports Facilities Act 2001
65 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
66 Amendment of sch 1 (Control of traffic on facility land) . . . . . . . . 45
Part 2 Amendment of Motor Racing Events Act 1990
67 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
68 Amendment of s 14 (Power to remove vehicles left unattended
within declared area) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
Department of Community Safety
Part 3 Amendment of Fire and Rescue Service Act 1990
69 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
70 Amendment of s 69 (Requisition by commissioner to reduce fire
risk) ............................................ 47
Department of Education and Training
Part 4 Amendment of Central Queensland University Act 1998
71 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
72 Amendment of sch 1 (Control of traffic and conduct on university
land) .......................................... 48
Part 5 Amendment of Griffith University Act 1998
73 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
74 Amendment of sch 1 (Control of traffic and conduct on university
land) .......................................... 49
Part 6 Amendment of James Cook University Act 1997
75 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
76 Amendment of sch 1 (Control of traffic and conduct on university
land) .......................................... 49
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Personal Property Securities (Ancillary Provisions) Bill 2010
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Part 7 Amendment of Queensland University of Technology Act
1998
77 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
78 Amendment of sch 1 (Control of traffic and conduct on university
land) ......................................... 50
Part 8 Amendment of University of Queensland Act 1998
79 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
80 Amendment of sch 1 (Control of traffic and conduct on university
land) .......................................... 51
Part 9 Amendment of University of Southern Queensland Act 1998
81 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
82 Amendment of sch 1 (Control of traffic and conduct on university
land) ......................................... 51
Part 10 Amendment of University of the Sunshine Coast Act 1998
83 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
84 Amendment of sch 1 (Control of traffic and conduct on university
land) ........................................ 52
Department of Employment, Economic Development and Innovation
Part 11 Amendment of Agricultural Chemicals Distribution Control
Act 1966
85 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
86 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 53
Part 12 Amendment of Alcan Queensland Pty. Limited Agreement
Act 1965
87 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
88 Insertion of new s 4B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
4B Declaration for Commonwealth Act . . . . . . . . . . . . . . 54
Part 13 Amendment of Casino Control Act 1982
89 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
90 Insertion of new s 4B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
4B Declaration for Commonwealth Act . . . . . . . . . . . . . . 54
Part 14 Amendment of Central Queensland Coal Associates
Agreement Act 1968
91 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
92 Insertion of new s 9A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
9A Declaration for Commonwealth Act . . . . . . . . . . . . . . 55
Part 15 Amendment of Commonwealth Aluminium Corporation Pty.
Limited Agreement Act 1957
93 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
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Personal Property Securities (Ancillary Provisions) Bill 2010
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94 Insertion of new s 4B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
4B Declaration for Commonwealth Act . . . . . . . . . . . . . . 56
Part 16 Amendment of Cooperatives Regulation 1997
95 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
96 Omission of s 23 (Charges required to be registered) . . . . . . . . . 56
97 Amendment of s 24 (Inspection of register of charges) . . . . . . . . 56
98 Amendment of s 25 (Copies of register of charges) . . . . . . . . . . . 56
Part 17 Amendment of Disposal of Uncollected Goods Act 1967
99 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
100 Insertion of new s 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
4A Bailee's charges in relation to goods . . . . . . . . . . . . . 57
101 Amendment of s 15 (Buyer of goods sold pursuant to this Act to
acquire a good title) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
102 Amendment of s 20 (Disposal of net proceeds of sale of goods) . 58
Part 18 Amendment of Electricity Act 1994
103 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
104 Insertion of new s 18A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
18A Declaration for Commonwealth Act . . . . . . . . . . . . . . 58
Part 19 Amendment of Gaming Machine Act 1991
105 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
106 Insertion of new s 13A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
13A Declaration for Commonwealth Act . . . . . . . . . . . . . . 59
Part 20 Amendment of Gas Supply Act 2003
107 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
108 Insertion of new s 5A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
5A Declaration for Commonwealth Act . . . . . . . . . . . . . . 59
Part 21 Amendment of Geothermal Exploration Act 2004
109 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
110 Insertion of new s 7B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
7B Declaration for Commonwealth Act . . . . . . . . . . . . . . 60
Part 22 Amendment of Gladstone Power Station Agreement Act
1993
111 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
112 Amendment of s 13 (Issue of licence) . . . . . . . . . . . . . . . . . . . . . 60
Part 23 Amendment of Greenhouse Gas Storage Act 2009
113 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
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114 Insertion of new s 8A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
8A Declaration for Commonwealth Act . . . . . . . . . . . . . . 61
Part 24 Amendment of Liquor Act 1992
115 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
116 Insertion of new s 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
14 Declaration for Commonwealth Act . . . . . . . . . . . . . . 62
Part 25 Amendment of Manufactured Homes (Residential Parks)
Act 2003
117 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
118 Amendment of s 34 (Automatic ending of sale agreement) . . . . . 62
119 Amendment of s 54 (Proceeds of sale) . . . . . . . . . . . . . . . . . . . . 62
Part 26 Amendment of Mineral Resources Act 1989
120 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
121 Insertion of new s 3C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
3C Declaration for Commonwealth Act . . . . . . . . . . . . . . 63
122 Amendment of s 230 (Plant remaining on former mineral
development licence may be sold etc.). . . . . . . . . . . . . . . . . . . . . 63
123 Amendment of s 314 (Property remaining on former mining
lease may be sold) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
Part 27 Amendment of Mount Isa Mines Limited Agreement Act
1985
124 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
125 Insertion of new s 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
6 Declaration for Commonwealth Act . . . . . . . . . . . . . . 65
Part 28 Amendment of Offshore Minerals Act 1998
126 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
127 Insertion of new s 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
3A Declaration for Commonwealth Act . . . . . . . . . . . . . . 65
Part 29 Amendment of Petroleum Act 1923
128 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
129 Insertion of new s 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
5 Declaration for Commonwealth Act . . . . . . . . . . . . . . 66
Part 30 Amendment of Petroleum and Gas (Production and Safety)
Act 2004
130 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
131 Insertion of new s 6C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
6C Declaration for Commonwealth Act . . . . . . . . . . . . . . 66
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Part 31 Amendment of Petroleum (Submerged Lands) Act 1982
132 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
133 Insertion of new s 6B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
6B Declaration for Commonwealth Act . . . . . . . . . . . . . . 67
Part 32 Amendment of Property Agents and Motor Dealers Act 2000
134 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
135 Omission of ch 7, pt 2, div 9 (Sales of water damaged motor
vehicles) ...................................... 68
136 Replacement of ch 7, pt 3, hdg (Guarantee of title for motor
vehicles) ...................................... 68
137 Amendment of s 233 (Guarantee of title for motor vehicles) . . . . 68
138 Omission of ch 9, pt 2, div 6 (Sales of used motor vehicles that
are water damaged motor vehicles) . . . . . . . . . . . . . . . . . . . . . . . 69
139 Replacement of ch 9, pt 3, hdg (Guarantee of title for motor
vehicles) ....................................... 69
140 Amendment of s 295 (Guarantee of title for motor vehicles) . . . . 69
141 Amendment of s 578 (Offence to charge fee for providing
documents etc.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
142 Insertion of new ch 19, pt 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
Part 9 Transitional provision for Personal Property
Securities (Ancillary Provisions) Act 2010
652 Effect of regulation amendment . . . . . . . . . . . . . . . . . 71
143 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 71
Part 33 Amendment of Property Agents and Motor Dealers
Regulation 2001
144 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
145 Amendment of s 20 (Guarantee of title for motor vehicles) . . . . . 71
146 Amendment of s 30 (Motor dealer to keep transaction register) . 72
Part 34 Amendment of Queensland Nickel Agreement Act 1970
147 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
148 Insertion of new s 6A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
6A Declaration for Commonwealth Act . . . . . . . . . . . . . . 72
Part 35 Amendment of Second-hand Dealers and Pawnbrokers Act
2003
149 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
150 Amendment of s 64 (Proceeds of sale of property) . . . . . . . . . . . 73
Part 36 Amendment of Storage Liens Act 1973
151 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
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152 Insertion of new s 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
4A Priority of storer's lien . . . . . . . . . . . . . . . . . . . . . . . . . 74
Part 37 Amendment of Thiess Peabody Coal Pty. Ltd. Agreement
Act 1962
153 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
154 Insertion of new s 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
6 Declaration for Commonwealth Act . . . . . . . . . . . . . . 75
Part 38 Amendment of Wine Industry Act 1994
155 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
156 Insertion of new pt 1, div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
Division 4 Relationship between this Act and the
Personal Property Securities Act 2009 (Cwlth)
5A Declaration for Commonwealth Act . . . . . . . . . . . . . . 75
Department of Environment and Resource Management
Part 39 Amendment of Forestry Act 1959
157 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
158 Amendment of s 61 (Removal of forest products) . . . . . . . . . . . . 76
Department of Infrastructure and Planning
Part 40 Amendment of City of Brisbane Act 2010
159 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
160 Insertion of new ch 3, pt 2, div 5. . . . . . . . . . . . . . . . . . . . . . . . . . 77
Division 5 Miscellaneous
42A Local law about seizing and disposing of personal
property .............................. 77
161 Replacement of ch 8, pt 2, hdg (Transitional and savings
provisions) ..................................... 78
162 Insertion of new ch 8, pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
Part 3 Transitional provision for Personal Property
Securities (Ancillary Provisions) Act 2010
265 Effect of regulation amendment . . . . . . . . . . . . . . . . . 78
Part 41 Amendment of City of Brisbane (Operations) Regulation
2010
163 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
164 Amendment of s 26 (Sale of vehicle removed from mall) . . . . . . . 79
Part 42 Amendment of Local Government Act 2009
165 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
166 Insertion of new ch 3, pt 1, div 4. . . . . . . . . . . . . . . . . . . . . . . . . . 79
Division 4 Miscellaneous
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Personal Property Securities (Ancillary Provisions) Bill 2010
Contents
38A Local law about seizing and disposing of personal
property ............................. 80
Department of Justice and Attorney-General
Part 43 Amendment of Burials Assistance Act 1965
167 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
168 Amendment of s 4A (Charge on account with financial institution) 81
Part 44 Amendment of Criminal Proceeds Confiscation Act 2002
169 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
170 Amendment of s 52 (Contravention of restraining order) . . . . . . . 81
171 Amendment of s 88 (Charge on property) . . . . . . . . . . . . . . . . . . 83
172 Amendment of s 143 (Contravention of restraining order) . . . . . . 83
173 Amendment of s 196 (Charge on restrained property under
restraining order if pecuniary penalty order made). . . . . . . . . . . . 84
174 Amendment of s 220 (Application of proceeds to satisfy order). . 84
175 Amendment of s 237 (Charge on property subject to filed
interstate restraining order) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
176 Amendment of s 256 (Orders for defeating arrangements) . . . . . 85
Part 45 Amendment of Drugs Misuse Act 1986
177 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
178 Amendment of s 84 (Cost recovery). . . . . . . . . . . . . . . . . . . . . . . 85
Part 46 Amendment of Legal Aid Queensland Act 1997
179 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
180 Amendment of s 39 (How Legal Aid may recover particular
unpaid amounts from a legally assisted person etc.) . . . . . . . . . . 86
Part 47 Amendment of Property Law Act 1974
181 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
182 Amendment of s 45 (Formalities of deeds executed by
individuals) .................................... 87
Part 48 Amendment of Succession Act 1981
183 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
184 Amendment of s 34A (Meaning of household chattels) . . . . . . . . 87
Part 49 Amendment of Supreme Court Act 1995
185 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
186 Amendment of s 161 (Court or judge may direct sale of goods
seized in execution) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
Department of Police
Part 50 Amendment of Police Powers and Responsibilities Act 2000
187 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
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Personal Property Securities (Ancillary Provisions) Bill 2010
Contents
188 Amendment of s 99 (Consideration of application for forfeiture
order--type 1 vehicle related offence) . . . . . . . . . . . . . . . . . . . . . 89
189 Amendment of s 99B (Consideration of application for forfeiture
order--type 2 vehicle related offence) . . . . . . . . . . . . . . . . . . . . . 89
190 Amendment of s 101 (Consideration of application for forfeiture
order) ......................................... 89
191 Amendment of s 121 (Application of proceeds of sale) . . . . . . . . 89
192 Amendment of s 128 (Application of proceeds of sale) . . . . . . . . 90
193 Amendment of s 141 (Application of proceeds of sale) . . . . . . . . 90
194 Amendment of s 747 (Definitions for ch 22) . . . . . . . . . . . . . . . . . 90
195 Amendment of s 766 (Consideration of application for forfeiture
order) ........................................ 91
196 Amendment of s 786 (Application of proceeds of sale) . . . . . . . . 91
197 Amendment of sch 6 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 91
Department of the Premier and Cabinet
Part 51 Amendment of Libraries Act 1988
198 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
199 Amendment of s 28 (Disposal of abandoned property) . . . . . . . . 92
200 Amendment of s 30 (Effect of sale or other disposal of property) 92
Part 52 Amendment of Queensland Art Gallery Act 1987
201 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
202 Amendment of s 26 (Disposal of works of art accepted by the
board) ......................................... 93
203 Amendment of s 28 (Disposal of certain abandoned property) . . 94
204 Amendment of s 30 (Effect of sale or other disposal of certain
works of art or other property) . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
Part 53 Amendment of Queensland Museum Act 1970
205 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
206 Amendment of s 19 (Disposal of specimens accepted by the
board) ......................................... 95
207 Amendment of s 21 (Disposal of certain abandoned property) . . 96
208 Amendment of s 23 (Effect of sale or other disposal of
specimens or other property) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
Part 54 Amendment of Queensland Performing Arts Trust Act 1977
209 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
210 Amendment of s 18 (Disposal of property accepted by the trust) 97
211 Amendment of s 19 (Disposal of certain abandoned property) . . 98
212 Amendment of s 21 (Effect of sale or other disposal of property) 98
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Personal Property Securities (Ancillary Provisions) Bill 2010
Contents
Part 55 Amendment of Queensland Theatre Company Act 1970
213 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
214 Amendment of s 18 (Disposal of certain abandoned property) . . 99
215 Amendment of s 20 (Effect of sale or other disposal of property) 99
Department of Transport and Main Roads
Part 56 Amendment of Transport Infrastructure Act 1994
216 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
217 Amendment of s 52 (Alteration etc. of ancillary works and
encroachments) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
218 Amendment of s 289M (Proceeds from the sale of abandoned
property) ...................................... 101
219 Insertion of new ch 21, pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
Part 2 Transitional provision for Personal Property
Securities (Ancillary Provisions) Act 2010
577 Effect of regulation amendment . . . . . . . . . . . . . . . . . 102
Part 57 Amendment of Transport Infrastructure (Rail) Regulation
2006
220 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
221 Amendment of s 23 (Disposing of property). . . . . . . . . . . . . . . . . 103
Part 58 Amendment of Transport Operations (Marine Safety) Act
1994
222 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
223 Amendment of s 175A (Removing abandoned property) . . . . . . . 103
Part 59 Amendment of Transport Operations (Road Use
Management) Act 1995
224 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
225 Amendment of s 46A (Seizing certain vehicles for sale) . . . . . . . 104
226 Amendment of s 51L (Disposing of removed thing) . . . . . . . . . . . 105
227 Amendment of s 100 (Removal of things from roads) . . . . . . . . . 106
228 Amendment of s 135 (Unlawfully interfering with, or detaining,
vehicles etc.). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
Department of Treasury
Part 60 Amendment of Financial Intermediaries Act 1996
229 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
230 Amendment of s 97C (Application of Corporations legislation in
relation to certain matters) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
Page 12
2010
A Bill
for
An Act to provide for matters ancillary to the referral of matters
by the Personal Property Securities (Commonwealth Powers)
Act 2009 to the Parliament of the Commonwealth, to repeal the
Bills of Sale and Other Instruments Act 1955, the Liens on
Crops of Sugar Cane Act 1931 and the Motor Vehicles and
Boats Securities Act 1986, to amend the Cooperatives Act 1997
and to make consequential amendments to the legislation
mentioned in chapter 4
Personal Property Securities (Ancillary Provisions) Bill 2010
Chapter 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Chapter 1 Preliminary 2
1 Short title 3
This Act may be cited as the Personal Property Securities 4
(Ancillary Provisions) Act 2010. 5
2 Commencement 6
This Act, other than sections 3 and 4 and chapter 2, part 1, 7
commences on a date to be fixed by proclamation. 8
3 Purpose 9
The purpose of this Act is to enact ancillary provisions, 10
including transitional provisions, relating to the enactment of 11
the Personal Property Securities Act 2009 (Cwlth). 12
4 Definitions 13
In this Act-- 14
account has the meaning given by the PPS Act, section 10. 15
application closing time, for an application under a 16
Queensland register Act, means-- 17
(a) if the application is made online-- 18
(i) 5.00pm on the last business day immediately 19
before the registration commencement time; or 20
(ii) an earlier day prescribed by regulation; or 21
(b) if the application is made on paper-- 22
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Personal Property Securities (Ancillary Provisions) Bill 2010
Chapter 1 Preliminary
[s 4]
(i) 5.00pm on the day before the last business day 1
immediately before the registration 2
commencement time; or 3
(ii) an earlier day prescribed by regulation. 4
attaches, in relation to a security interest, has the meaning 5
given by the PPS Act, section 19. 6
chattel paper has the meaning given by the PPS Act, section 7
10. 8
circulating asset has the meaning given by the PPS Act, 9
section 340. 10
grantor has the meaning given by the PPS Act, section 10. 11
perfected, in relation to a security interest, has the meaning 12
given by the PPS Act, section 21. 13
personal property has the meaning given by the PPS Act, 14
section 10. 15
PPS Act means the Personal Property Securities Act 2009 16
(Cwlth). 17
PPS register means the Personal Property Securities Register 18
under the PPS Act. 19
PPS registrar means the Registrar of Personal Property 20
Securities under the PPS Act. 21
Queensland register means any of the following-- 22
(a) the register of security interests kept under the Bills of 23
Sale and Other Instruments Act 1955; 24
(b) the register of cooperative charges kept under the 25
Cooperatives Act 1997; 26
(c) the register of liens kept under the Liens on Crops of 27
Sugar Cane Act 1931; 28
(d) the register of security interests kept under the Motor 29
Vehicles and Boats Securities Act 1986. 30
Queensland register Act means any of the following-- 31
(a) the Bills of Sale and Other Instruments Act 1955; 32
Page 15
Personal Property Securities (Ancillary Provisions) Bill 2010
Chapter 1 Preliminary
[s 5]
(b) the Cooperatives Act 1997; 1
(c) the Liens on Crops of Sugar Cane Act 1931; 2
(d) the Motor Vehicles and Boats Securities Act 1986. 3
registration commencement time has the meaning given by 4
the PPS Act, section 306. 5
security interest has the meaning given by the PPS Act, 6
section 12. 7
5 References to charges and fixed and floating charges 8
(1) This section applies to a reference in an Act or other 9
document to a charge, fixed charge or floating charge over 10
property, but only to the extent that-- 11
(a) the charge referred to is attached to personal property; 12
and 13
(b) title in the personal property to which the charge is 14
attached is in the grantor; and 15
(c) the charge is a security interest to which the PPS Act 16
applies. 17
(2) However, this section does not apply to-- 18
(a) a reference to a charge, a fixed charge or a floating 19
charge if the charge referred to is a perfected security 20
interest that is provided for by a transfer of an account or 21
chattel paper; or 22
(b) any other reference, or class of reference, prescribed 23
under a regulation, to a charge, fixed charge or floating 24
charge. 25
(3) On and from the registration commencement time-- 26
(a) a reference to a charge over property is taken to be a 27
reference to a security interest that is attached to-- 28
(i) a circulating asset; or 29
(ii) personal property that is not a circulating asset; and 30
Page 16
Personal Property Securities (Ancillary Provisions) Bill 2010
Chapter 2 Migration of personal property data
Part 1 General
[s 6]
(b) a reference to a fixed charge over property is taken to be 1
a reference to a security interest that is attached to 2
personal property that is not a circulating asset; and 3
(c) a reference to a floating charge over property is taken to 4
be a reference to a security interest that is attached to a 5
circulating asset. 6
Chapter 2 Migration of personal 7
property data 8
Part 1 General 9
6 Giving of information to PPS registrar 10
(1) The chief executive is authorised to give the Commonwealth, 11
the PPS registrar or any other officer of the Commonwealth 12
information recorded in, or concerning the use of, a 13
Queensland register that the chief executive considers 14
appropriate in order to assist the PPS registrar to establish the 15
PPS register. 16
(2) The chief executive may give the information in whatever 17
form the chief executive considers appropriate including by 18
means of electronic data or in an approved form under the 19
PPS Act. 20
(3) This section applies despite any other Act or law. 21
7 Protection from liability 22
(1) An official does not incur civil liability for an act done, or 23
omission made, honestly and without negligence in relation to 24
the giving of information under section 6. 25
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Personal Property Securities (Ancillary Provisions) Bill 2010
Chapter 2 Migration of personal property data
Part 2 Transitional provisions
[s 8]
(2) If subsection (1) prevents a civil liability attaching to an 1
official, liability attaches instead to the State. 2
(3) In this section-- 3
official means-- 4
(a) the chief executive; or 5
(b) an officer or employee of the department; or 6
(c) a public service employee to whom the chief executive 7
delegated powers under a Queensland register Act. 8
8 Delegation 9
(1) The chief executive may delegate the chief executive's powers 10
under this Act to an appropriately qualified officer or 11
employee of the department. 12
(2) In this section-- 13
appropriately qualified includes having the qualifications, 14
experience or standing appropriate to exercise the power. 15
9 Regulation-making power 16
(1) The Governor in Council may make regulations under this 17
Act. 18
(2) Without limiting subsection (1), a regulation may be made 19
about the fees payable under this Act and the matters for 20
which the fees are payable. 21
Part 2 Transitional provisions 22
10 Proceedings 23
A proceeding relating to a matter arising under the provisions 24
of a Queensland register Act that was commenced before the 25
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Personal Property Securities (Ancillary Provisions) Bill 2010
Chapter 3 Acts with Queensland registers
Part 1 Bills of Sale and Other Instruments Act 1955
[s 11]
commencement of this part, but was not finally decided as at 1
the commencement, may continue to be dealt with or 2
otherwise decided as if those provisions had not been 3
repealed. 4
11 Offences 5
(1) This section applies if a person is alleged to have committed 6
an offence against a Queensland register Act before the 7
commencement of this part. 8
(2) Despite the Criminal Code, section 11, a proceeding for the 9
offence may be started or continued, and the court may hear 10
and decide the proceeding, as if this Act, other than this 11
section, had not commenced. 12
Chapter 3 Acts with Queensland 13
registers 14
Part 1 Bills of Sale and Other 15
Instruments Act 1955 16
Division 1 Repeal 17
12 Repeal 18
The Bills of Sale and Other Instruments Act 1955, No. 16 is 19
repealed. 20
Page 19
Personal Property Securities (Ancillary Provisions) Bill 2010
Chapter 3 Acts with Queensland registers
Part 1 Bills of Sale and Other Instruments Act 1955
[s 13]
Division 2 Transitional provisions 1
13 Definitions for div 2 2
In this division-- 3
existing Act means the Bills of Sale and Other Instruments 4
Act 1955 as in force immediately before its repeal. 5
repeal means repeal of the existing Act. 6
14 Words have meanings given by existing Act 7
A word used in this division and defined under the existing 8
Act has the same meaning as it had under the existing Act. 9
15 Continuing of provisions of existing Act 10
If, despite the repeal, a provision of the existing Act (the 11
primary provision) is continued in effect for a purpose under 12
this division, any other provision of the existing Act (a related 13
provision) mentioned in the primary provision is also 14
continued in effect to the extent necessary for the purposes of 15
the continued application of the primary provision. 16
16 Applications for registration or renewal of registration of 17
security interests 18
(1) This section applies if, after the application closing time, the 19
chief executive receives an application for the registration, or 20
renewal of registration, of a security interest. 21
(2) Despite sections 9, 10 and 11 of the existing Act, the chief 22
executive-- 23
(a) can not deal with the application after the application 24
closing time; and 25
(b) must refund any fee that accompanied the application. 26
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Personal Property Securities (Ancillary Provisions) Bill 2010
Chapter 3 Acts with Queensland registers
Part 1 Bills of Sale and Other Instruments Act 1955
[s 17]
17 Inspection of register 1
(1) Despite the repeal, section 13 of the existing Act continues to 2
apply for a period of 2 years after the repeal in relation to 3
particulars included in the former register in the period 4
starting 7 years before the repeal and ending at the repeal. 5
(2) A regulation may prescribe a fee for inspecting the former 6
register. 7
(3) The chief executive must keep a copy of the information 8
contained in the former register, as it existed immediately 9
before the repeal, for 7 years after the repeal. 10
(4) For section 13(1)(a) of the existing Act, the offices of the 11
department at the following places are offices where the 12
register may be inspected-- 13
(a) Brisbane; 14
(b) Cairns; 15
(c) Mackay; 16
(d) Maroochydore; 17
(e) Rockhampton; 18
(f) Southport; 19
(g) Townsville. 20
(5) In this section-- 21
former register means the register of security interests 22
required to be kept under section 8 of the existing Act. 23
18 Requests for registration of confiscation orders 24
(1) This section applies if, after the application closing time, the 25
chief executive receives a request for the registration of a 26
confiscation order in relation to chattels of a person or 27
creating a charge over the chattels of a person. 28
(2) Despite section 15 of the existing Act, the chief executive can 29
not deal with the request after the application closing time. 30
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Personal Property Securities (Ancillary Provisions) Bill 2010
Chapter 3 Acts with Queensland registers
Part 1 Bills of Sale and Other Instruments Act 1955
[s 19]
19 Applications for registration of assignments of registered 1
security interests 2
(1) This section applies if, after the application closing time, the 3
chief executive receives an application for the registration of 4
an assignment of a registered security interest. 5
(2) Despite sections 16 and 17 of the existing Act, the chief 6
executive-- 7
(a) can not deal with the application after the application 8
closing time; and 9
(b) must refund any fee that accompanied the application. 10
20 Applications for discharge of registered security 11
interests 12
(1) This section applies if, after the application closing time, the 13
chief executive receives an application for the full or partial 14
discharge of a registered security interest. 15
(2) Despite sections 18C and 18D of the existing Act, the chief 16
executive-- 17
(a) can not deal with the application after the application 18
closing time; and 19
(b) must refund any fee that accompanied the application. 20
21 Requests to register discharge or change in particulars 21
(1) This section applies if-- 22
(a) before the repeal, the borrower in relation to a registered 23
security interest made a request to the lender under 24
section 18F(1) of the existing Act in relation to the 25
security interest; and 26
(b) at the time of the repeal, the lender had not complied 27
with section 18F(2) of the existing Act in relation to the 28
request. 29
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Personal Property Securities (Ancillary Provisions) Bill 2010
Chapter 3 Acts with Queensland registers
Part 1 Bills of Sale and Other Instruments Act 1955
[s 22]
(2) Despite the repeal, section 18F continues to apply to the 1
request. 2
(3) However, subsection (4) applies if the lender-- 3
(a) has been given a notice under section 18F(4); and 4
(b) has not complied with section 18F(5)(a) or (b) before 5
the end of the notice period. 6
(4) The chief executive must ask the PPS registrar to, in 7
accordance with the request under section 18F(1)-- 8
(a) register the discharge in the PPS register; or 9
(b) change the particulars included in the PPS register. 10
22 Applications to change particulars in register 11
(1) This section applies if, after the application closing time, the 12
chief executive receives an application to change stated 13
particulars included in the register in relation to an interest. 14
(2) Despite section 18G of the existing Act, the chief executive-- 15
(a) can not deal with the application after the application 16
closing time; and 17
(b) must refund any fee that accompanied the application. 18
23 Removal of particulars of improperly registered interests 19
(1) This section applies if-- 20
(a) before the repeal, the chief executive gave a notice under 21
section 18I(2) of the existing Act to a person who 22
appeared to the chief executive to be the lender under an 23
interest; and 24
(b) at the time of the repeal, the person had not complied 25
with the requirement in the notice. 26
(2) Despite the repeal, section 18I continues to apply to the 27
registration of the interest. 28
(3) However, subsection (4) applies if the person-- 29
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Personal Property Securities (Ancillary Provisions) Bill 2010
Chapter 3 Acts with Queensland registers
Part 1 Bills of Sale and Other Instruments Act 1955
[s 24]
(a) has been given a notice under section 18I(6); and 1
(b) has not complied with section 18I(7)(a) or (b) before the 2
end of the notice period. 3
(4) The chief executive must ask the PPS registrar to remove the 4
particulars in relation to the interest from the PPS register. 5
24 Applications for compensation for loss 6
(1) This section applies if a person suffers loss because an act or 7
omission mentioned in section 18J of the existing Act was 8
done or made before the repeal. 9
(2) Despite the repeal, the person may apply for payment of 10
compensation under section 18K of the existing Act. 11
25 Protection from liability 12
(1) An official continues to incur no civil liability after the repeal 13
for an act done, or omission made, honestly and without 14
negligence in the performance or purported performance of 15
functions under the existing Act if-- 16
(a) the act was done or the omission was made before the 17
repeal; or 18
(b) the act was done or the omission was made after the 19
repeal in relation to a matter that was authorised to be 20
done under this division after the repeal. 21
(2) If subsection (1) prevents a civil liability attaching to an 22
official, liability attaches instead to the State. 23
26 Delegations 24
(1) The chief executive may delegate, to an appropriately 25
qualified public service employee, the chief executive's 26
powers under a provision of the existing Act that continues, 27
under this division, to have effect after the repeal. 28
Page 24
Personal Property Securities (Ancillary Provisions) Bill 2010
Chapter 3 Acts with Queensland registers
Part 2 Amendment of Cooperatives Act 1997
[s 27]
(2) A delegation that was in force immediately before the repeal 1
in relation to a provision of the existing Act that continues, 2
under this division, to have effect after the repeal continues to 3
have effect as a delegation under this section. 4
Part 2 Amendment of Cooperatives 5
Act 1997 6
27 Act amended 7
This part amends the Cooperatives Act 1997. 8
28 Amendment of s 45 (Filing of documents not to constitute 9
constructive knowledge) 10
(1) Section 45(2)-- 11
omit. 12
(2) Section 45(3)-- 13
renumber as section 45(2). 14
29 Omission of pt 10, div 2 (Registration of charges) 15
Part 10, division 2-- 16
omit. 17
30 Amendment of s 437 (Register of cooperatives) 18
Section 437(1)(c)-- 19
omit. 20
31 Insertion of new pt 19, div 1, hdg 21
Part 19, before section 469-- 22
Page 25
Personal Property Securities (Ancillary Provisions) Bill 2010
Chapter 3 Acts with Queensland registers
Part 2 Amendment of Cooperatives Act 1997
[s 32]
insert-- 1
`Division 1 Repeals, savings and transitional 2
provisions for Act No. 39 of 1997'. 3
32 Insertion of new pt 19, div 2 4
After section 471-- 5
insert-- 6
`Division 2 Transitional provisions for Personal 7
Property Securities (Ancillary 8
Provisions) Act 2010 9
`472 Definitions for div 2 10
`In this division-- 11
application closing time has the meaning given by the PPS 12
(Ancillary Provisions) Act, section 4. 13
defective notice has the meaning given by schedule 3, section 14
21(8) as in force immediately before the application closing 15
time. 16
former register means the register of cooperative charges 17
established under section 437 before the repeal of section 18
437(1)(c). 19
PPS (Ancillary Provisions) Act means the Personal Property 20
Securities (Ancillary Provisions) Act 2010. 21
schedule 3 means schedule 3 as in force immediately before 22
its repeal by the PPS (Ancillary Provisions) Act. 23
`473 Inspection of register 24
`(1) Despite the repeal of section 437(1)(c) by the PPS (Ancillary 25
Provisions) Act, section 440 continues to apply for 2 years 26
after the repeal in relation to particulars included in the former 27
register immediately before the repeal. 28
Page 26
Personal Property Securities (Ancillary Provisions) Bill 2010
Chapter 3 Acts with Queensland registers
Part 2 Amendment of Cooperatives Act 1997
[s 32]
`(2) A regulation may prescribe a fee under section 440 in relation 1
to the former register. 2
`(3) The chief executive must keep a copy of the information 3
contained in the former register, as it existed immediately 4
before the repeal of section 437(1)(c), for 7 years after the 5
repeal. 6
`474 Defective notice relating to charge received before 7
application closing time 8
`(1) Subsection (2) applies if, before the application closing 9
time-- 10
(a) a defective notice in relation to a charge is filed with the 11
registrar; and 12
(b) the charge is provisionally registered under schedule 3, 13
section 21(1); and 14
(c) the registrar gives a direction by written notice under 15
schedule 3, section 21(2) and the date stated in the 16
notice is after the application closing time. 17
`(2) If the direction has not been complied with at the application 18
closing time, the requirement to comply with the direction 19
ceases. 20
`(3) Subsection (4) applies if-- 21
(a) before the application closing time-- 22
(i) a defective notice in relation to a charge is filed 23
with the registrar; and 24
(ii) the charge is provisionally registered under 25
schedule 3, section 21(1); and 26
(b) at the application closing time, the registrar has not 27
given a direction under schedule 3, section 21(2). 28
`(4) At the application closing time, the requirement to give the 29
direction ceases. 30
Page 27
Personal Property Securities (Ancillary Provisions) Bill 2010
Chapter 3 Acts with Queensland registers
Part 2 Amendment of Cooperatives Act 1997
[s 32]
`(5) Subsection (6) applies despite schedule 3, section 22(1) as in 1
force immediately before the application closing time. 2
`(6) At the application closing time, a charge mentioned in 3
subsection (1) or (3) is taken to be registered. 4
`475 Notice relating to charge received after application 5
closing time 6
`(1) This section applies if, after the application closing time, the 7
registrar receives, under schedule 3, part 2, division 2, a notice 8
in relation to a charge for registration in the former register. 9
`(2) Despite schedule 3, section 19, the registrar-- 10
(a) can not deal with the notice after the application closing 11
time; and 12
(b) must return the notice, and any other documents that 13
accompanied the notice, to the person who filed the 14
notice; and 15
(c) must refund any fee that accompanied the notice. 16
`476 Defective notice relating to charge received after 17
application closing time 18
`(1) This section applies if, after the application closing time, the 19
registrar receives, under schedule 3, part 2, division 2, a 20
defective notice in relation to a charge for registration in the 21
former register. 22
`(2) Despite schedule 3, section 21, the registrar-- 23
(a) can not deal with the notice after the application closing 24
time; and 25
(b) must return the notice, and any other documents that 26
accompanied the notice, to the person who filed the 27
notice; and 28
(c) must refund any fee that accompanied the notice. 29
Page 28
Personal Property Securities (Ancillary Provisions) Bill 2010
Chapter 3 Acts with Queensland registers
Part 2 Amendment of Cooperatives Act 1997
[s 32]
`477 Registrable charge void immediately before repeal 1
of sch 3 2
`(1) This section applies to a registrable charge that, immediately 3
before the repeal of schedule 3, is void under schedule 3, part 4
2, division 4. 5
`(2) Despite the repeal of schedule 3, the Supreme Court may 6
declare the charge not to be, and never to have been, void if-- 7
(a) an application is made to the court under schedule 3, 8
section 29 in relation to the charge; and 9
(b) either-- 10
(i) the application is made before the repeal and, at the 11
time of the repeal, the court has not made a 12
decision in relation to the application; or 13
(ii) the application is made at or after the repeal; and 14
(c) the court is satisfied of the matters set out in schedule 3, 15
section 29. 16
`478 Registrable charge void after repeal of sch 3 17
`(1) This section applies to a registrable charge if-- 18
(a) the charge becomes void after the repeal of schedule 3; 19
and 20
(b) before the repeal, an application could have been made 21
to the Supreme Court under schedule 3, section 29 in 22
relation to the charge. 23
`(2) Despite the repeal of schedule 3, an application may be made 24
under schedule 3, section 29 after the repeal in relation to the 25
charge. 26
`(3) If an application is made to the court, the Supreme Court may 27
declare the charge not to be, and never to have been, void if 28
the court is satisfied of the matters set out in schedule 3, 29
section 29. 30
Page 29
Personal Property Securities (Ancillary Provisions) Bill 2010
Chapter 3 Acts with Queensland registers
Part 2 Amendment of Cooperatives Act 1997
[s 32]
`479 Continuation of application of sch 3, pt 2, div 5 to 1
certain charges 2
`(1) This section applies to a charge-- 3
(a) mentioned in schedule 3, section 33; and 4
(b) created before the repeal of schedule 3. 5
`(2) Despite the repeal of schedule 3, part 2, division 5 (the 6
relevant provisions)-- 7
(a) the relevant provisions continue to apply in relation to 8
the charge; and 9
(b) the Supreme Court, on the application of the chargee 10
under the charge, may give leave for the charge to be 11
enforced if the court is satisfied of the matters 12
mentioned in schedule 3, section 34; and 13
(c) schedule 3, section 35 continues to exclude the matters 14
mentioned in it from the operation of schedule 3, section 15
33. 16
`480 Notice relating to assignment or variation of charge 17
received after application closing time 18
`(1) This section applies if, after the application closing time, the 19
registrar receives, under schedule 3, section 36(1) or (2), a 20
notice in relation to a charge for registration in the former 21
register. 22
`(2) Despite schedule 3, section 24, the registrar-- 23
(a) can not deal with the notice after the application closing 24
time; and 25
(b) must return the notice, and any other documents that 26
accompanied the notice, to the person who filed the 27
notice; and 28
(c) must refund any fee that accompanied the notice. 29
Page 30
Personal Property Securities (Ancillary Provisions) Bill 2010
Chapter 3 Acts with Queensland registers
Part 2 Amendment of Cooperatives Act 1997
[s 32]
`481 Memorandum relating to satisfaction of, or release 1
from, charge received after application closing time 2
`(1) This section applies if, after the application closing time, the 3
registrar receives, under schedule 3, section 37(2), a 4
memorandum in relation to a charge for registration in the 5
former register. 6
`(2) Despite schedule 3, section 37(2), the registrar-- 7
(a) can not deal with the memorandum after the application 8
closing time; and 9
(b) must return the memorandum, and any other documents 10
that accompanied the memorandum, to the cooperative 11
that filed the memorandum; and 12
(c) must refund any fee that accompanied the 13
memorandum. 14
`482 Register kept by cooperative 15
`(1) Subsection (2) applies despite the repeal of schedule 3. 16
`(2) Schedule 3, sections 40 and 41 continues to apply for a period 17
of 2 years after the repeal in relation to-- 18
(a) documents kept under schedule 3, section 40 19
immediately before the repeal; and 20
(b) particulars included in the register under section 41 21
immediately before the repeal. 22
`(3) A regulation may prescribe amounts for the purposes of 23
schedule 3, section 41(3)(b) and (5)(a) as continued by this 24
section. 25
`483 Issue of certificates by registrar 26
`(1) Subsection (2) applies despite the repeal of schedule 3. 27
`(2) Schedule 3, section 42 continues to apply for a period of 2 28
years after the repeal in relation to particulars included in the 29
former register immediately before the repeal. 30
Page 31
Personal Property Securities (Ancillary Provisions) Bill 2010
Chapter 3 Acts with Queensland registers
Part 2 Amendment of Cooperatives Act 1997
[s 33]
`484 Priority between registrable charges 1
`(1) Subsection (2) applies despite the repeal of schedule 3. 2
`(2) After the repeal, registrable charges continue to have the 3
priority between themselves that they would have had under 4
schedule 3, part 3. 5
`(3) In this section-- 6
registrable charge means a charge created before the repeal 7
that was a registrable charge within the meaning given by 8
schedule 3, section 1 when it was created. 9
`485 Effect of regulation amendment 10
`The amendment of the Cooperatives Regulation 1997 by the 11
Personal Property Securities (Ancillary Provisions) Act 2010 12
does not affect the power of the Governor in Council to 13
further amend the regulation or to repeal it.'. 14
33 Omission of sch 3 (Registration etc. of charges) 15
Schedule 3-- 16
omit. 17
34 Amendment of sch 8 (Dictionary) 18
(1) Schedule 8, definitions chargee, critical day, document of 19
title, marketable security, present liability, priority time, prior 20
registered charge, property, prospective liability, receiver, 21
registered charge, registrable charge, relevant day, relevant 22
person, subsequent registered charge and unregistered 23
charge-- 24
omit. 25
(2) Schedule 8-- 26
insert-- 27
Page 32
Personal Property Securities (Ancillary Provisions) Bill 2010
Chapter 3 Acts with Queensland registers
Part 2 Amendment of Cooperatives Act 1997
[s 34]
`application closing time, for part 19, division 2, see section 1
472. 2
property, for schedule 4, see section 1 of that schedule. 3
receiver, for schedule 4, see section 1 of that schedule. 4
schedule 3, for part 19, division 2, see section 472.'. 5
(3) Schedule 8, definition cooperative, paragraph (a), `3 or'-- 6
omit. 7
(4) Schedule 8, definition cooperative, paragraph (b)-- 8
omit. 9
(5) Schedule 8, definition cooperative, paragraph (c)-- 10
renumber as paragraph (b). 11
(6) Schedule 8, definition officer, of a cooperative, `3 and'-- 12
omit. 13
(7) Schedule 8, definition officer, paragraph (b)-- 14
omit. 15
(8) Schedule 8, definition officer, paragraph (c)-- 16
renumber as paragraph (b). 17
(9) Schedule 8, definition register, paragraph (c)-- 18
omit. 19
Page 33
Personal Property Securities (Ancillary Provisions) Bill 2010
Chapter 3 Acts with Queensland registers
Part 3 Liens on Crops of Sugar Cane Act 1931
[s 35]
Part 3 Liens on Crops of Sugar Cane 1
Act 1931 2
Division 1 Repeal 3
35 Repeal 4
The Liens on Crops of Sugar Cane Act 1931, No. 37 is 5
repealed. 6
Division 2 Transitional provisions 7
36 Definitions for div 2 8
In this division-- 9
existing Act means the Liens on Crops of Sugar Cane Act 10
1931 as in force immediately before its repeal. 11
repeal means repeal of the existing Act. 12
37 Words have meanings given by existing Act 13
A word used in this division and defined under the existing 14
Act has the same meaning as it had under the existing Act. 15
38 Continuing of provisions of existing Act 16
If, despite the repeal, a provision of the existing Act (the 17
primary provision) is continued in effect for a purpose under 18
this division, any other provision of the existing Act (a related 19
provision) mentioned in the primary provision is also 20
continued in effect to the extent necessary for the purposes of 21
the continued application of the primary provision. 22
Page 34
Personal Property Securities (Ancillary Provisions) Bill 2010
Chapter 3 Acts with Queensland registers
Part 3 Liens on Crops of Sugar Cane Act 1931
[s 39]
39 Applications for registration or renewal of registration of 1
liens 2
(1) This section applies if, after the application closing time, the 3
chief executive receives an application for the registration, or 4
renewal of registration, of a lien. 5
(2) Despite sections 6, 7 and 7A of the existing Act, the chief 6
executive-- 7
(a) can not deal with the application after the application 8
closing time; and 9
(b) must refund any fee that accompanied the application. 10
40 Inspection of register 11
(1) Despite the repeal, section 7C of the existing Act continues to 12
apply for a period of 2 years after the repeal in relation to 13
particulars included in the former register in the period 14
starting 7 years before the repeal and ending at the repeal. 15
(2) A regulation may prescribe a fee for inspecting the former 16
register. 17
(3) The chief executive must keep a copy of the information 18
contained in the former register, as it existed immediately 19
before the repeal, for 7 years after the repeal. 20
(4) For section 7C(1)(a) of the existing Act, the offices of the 21
department at the following places are offices where the 22
register may be inspected-- 23
(a) Brisbane; 24
(b) Cairns; 25
(c) Mackay; 26
(d) Maroochydore; 27
(e) Rockhampton; 28
(f) Southport; 29
(g) Townsville. 30
Page 35
Personal Property Securities (Ancillary Provisions) Bill 2010
Chapter 3 Acts with Queensland registers
Part 3 Liens on Crops of Sugar Cane Act 1931
[s 41]
(5) In this section-- 1
former register means the register of liens required to be kept 2
under section 5 of the existing Act. 3
41 Requests for registration of confiscation orders 4
(1) This section applies if, after the application closing time, the 5
chief executive receives a request for the registration of a 6
confiscation order made in relation to a security interest 7
registered under the existing Act or creating a charge over a 8
security interest registered under the existing Act. 9
(2) Despite section 7DA of the existing Act, the chief executive 10
can not deal with the request after the application closing 11
time. 12
42 Applications for registration of assignments of registered 13
liens 14
(1) This section applies if, after the application closing time, the 15
chief executive receives an application for registration of the 16
assignment of a registered lien. 17
(2) Despite sections 7E and 7F of the existing Act, the chief 18
executive-- 19
(a) can not deal with the application after the application 20
closing time; and 21
(b) must refund any fee that accompanied the application. 22
43 Applications for discharge of registered liens 23
(1) This section applies if, after the application closing time, the 24
chief executive receives an application for the full or partial 25
discharge of a registered lien. 26
(2) Despite sections 7J and 7K of the existing Act, the chief 27
executive-- 28
Page 36
Personal Property Securities (Ancillary Provisions) Bill 2010
Chapter 3 Acts with Queensland registers
Part 3 Liens on Crops of Sugar Cane Act 1931
[s 44]
(a) can not deal with the application after the application 1
closing time; and 2
(b) must refund any fee that accompanied the application. 3
44 Requests to register discharge or change in particulars 4
(1) This section applies if-- 5
(a) before the repeal, the lienor of a registered lien makes a 6
request to the lienee under section 7M(1) of the existing 7
Act in relation to the lien; and 8
(b) at the time of the repeal, the lienee has not complied 9
with section 7M(2) of the existing Act in relation to the 10
request. 11
(2) Despite the repeal, section 7M continues to apply to the 12
request. 13
(3) However, subsection (4) applies if-- 14
(a) before the repeal, the lienee is given a notice under 15
section 7M(4); and 16
(b) at the time of the repeal, the lienee has not complied 17
with section 7M(5)(a) or (b) before the end of the notice 18
period. 19
(4) The chief executive must ask the PPS registrar to, in 20
accordance with the request under section 7M(1)-- 21
(a) register the discharge in the PPS register; or 22
(b) change the particulars included in the PPS register. 23
45 Applications to change particulars in register 24
(1) This section applies if, after the application closing time, the 25
chief executive receives an application to change stated 26
particulars included in the register relating to the lien. 27
(2) Despite section 7N of the existing Act, the chief executive-- 28
Page 37
Personal Property Securities (Ancillary Provisions) Bill 2010
Chapter 3 Acts with Queensland registers
Part 3 Liens on Crops of Sugar Cane Act 1931
[s 46]
(a) can not deal with the application after the application 1
closing time; and 2
(b) must refund any fee that accompanied the application. 3
46 Applications for compensation for loss 4
(1) This section applies if a person suffers loss because an act or 5
omission mentioned in section 7P of the existing Act was 6
done or made before the repeal. 7
(2) The person may apply for payment of compensation under 8
section 7Q of the existing Act. 9
47 Protection from liability 10
(1) An official continues to incur no civil liability after the repeal 11
for an act done, or omission made, honestly and without 12
negligence in the performance or purported performance of 13
functions under the existing Act if-- 14
(a) the act was done or the omission was made before the 15
repeal; or 16
(b) the act was done or the omission was made after the 17
repeal in relation to a matter that was authorised to be 18
done under this part after the repeal. 19
(2) If subsection (1) prevents a civil liability attaching to an 20
official, liability attaches instead to the State. 21
48 Delegations 22
(1) The chief executive may delegate, to an appropriately 23
qualified public service employee, the chief executive's 24
powers under a provision of the existing Act that continues, 25
under this division, to have effect after the repeal. 26
(2) A delegation that was in force immediately before the repeal 27
in relation to a provision of the existing Act that continues, 28
under this division, to have effect after the repeal continues to 29
have effect as a delegation under this section. 30
Page 38
Personal Property Securities (Ancillary Provisions) Bill 2010
Chapter 3 Acts with Queensland registers
Part 4 Motor Vehicles and Boats Securities Act 1986
[s 49]
Part 4 Motor Vehicles and Boats 1
Securities Act 1986 2
Division 1 Repeal 3
49 Repeal 4
The Motor Vehicles and Boats Securities Act 1986, No. 24 is 5
repealed. 6
Division 2 Transitional provisions 7
50 Definitions for div 2 8
In this division-- 9
existing Act means the Motor Vehicles and Boats Securities 10
Act 1986 as in force immediately before its repeal. 11
repeal means repeal of the existing Act. 12
51 Words have meanings given by existing Act 13
A word used in this division and defined under the existing 14
Act has the same meaning as it had under the existing Act. 15
52 Continuing of provisions of existing Act 16
If, despite the repeal, a provision of the existing Act (the 17
primary provision) is continued in effect for a purpose under 18
this division, any other provision of the existing Act (a related 19
provision) mentioned in the primary provision is also 20
continued in effect to the extent necessary for the purposes of 21
the continued application of the primary provision. 22
Page 39
Personal Property Securities (Ancillary Provisions) Bill 2010
Chapter 3 Acts with Queensland registers
Part 4 Motor Vehicles and Boats Securities Act 1986
[s 53]
53 Applications for registration or renewal of registration of 1
security interests 2
(1) This section applies if, after the application closing time, the 3
chief executive receives an application for the registration, or 4
renewal of registration, of a security interest. 5
(2) Despite sections 7 and 7A of the existing Act, the chief 6
executive-- 7
(a) can not deal with the application after the application 8
closing time; and 9
(b) must refund any fee that accompanied the application. 10
54 Requests for registration of confiscation orders 11
(1) This section applies if, after the application closing time, the 12
chief executive receives a request for the registration of a 13
confiscation order applying to, or creating a charge over, a 14
motor vehicle, boat or outboard motor. 15
(2) Despite section 7D of the existing Act, the chief executive can 16
not deal with the request after the application closing time. 17
55 Applications for registration of assignments of registered 18
security interests 19
(1) This section applies if, after the application closing time, the 20
chief executive receives an application for the assignment of a 21
registered security interest. 22
(2) Despite sections 8 and 9 of the existing Act, the chief 23
executive-- 24
(a) can not deal with the application after the application 25
closing time; and 26
(b) must refund any fee that accompanied the application. 27
Page 40
Personal Property Securities (Ancillary Provisions) Bill 2010
Chapter 3 Acts with Queensland registers
Part 4 Motor Vehicles and Boats Securities Act 1986
[s 56]
56 Applications for discharge of registered security 1
interests 2
(1) This section applies if, after the application closing time, the 3
chief executive receives an application for the discharge of a 4
registered security interest. 5
(2) Despite sections 14 and 15 of the existing Act, the chief 6
executive-- 7
(a) can not deal with the application after the application 8
closing time; and 9
(b) must refund any fee that accompanied the application. 10
57 Applications to change particulars in register 11
(1) This section applies if, after the application closing time, the 12
chief executive receives an application to change particulars 13
entered in the register for a registered security interest. 14
(2) Despite section 18 of the existing Act, the chief executive-- 15
(a) can not deal with the application after the application 16
closing time; and 17
(b) must refund any fee that accompanied the application. 18
58 Show cause notices about improperly registered security 19
interests 20
(1) This section applies to the following matters-- 21
(a) a notice in relation to a security interest given to a 22
person by the chief executive under section 18A(2) of 23
the existing Act, if the period stated in the notice had not 24
expired before the repeal (an existing show cause 25
notice); 26
(b) the proposed removal by the chief executive of the 27
particulars of a security interest included in the register 28
following the giving of a notice under section 18A(5) of 29
the existing Act, if the person had a right to apply to a 30
Magistrates Court for an order maintaining the 31
Page 41
Personal Property Securities (Ancillary Provisions) Bill 2010
Chapter 3 Acts with Queensland registers
Part 4 Motor Vehicles and Boats Securities Act 1986
[s 59]
registration immediately before the repeal (an existing 1
appeal decision); 2
(c) an application to a Magistrates Court for an order 3
maintaining the registration of the security interest that 4
is pending, but not finally decided, immediately before 5
the repeal (an existing appeal). 6
(2) Despite the repeal of section 18A of the existing Act, the 7
following provisions apply-- 8
(a) the chief executive may deal with the existing show 9
cause notice under section 18A(4); 10
(b) the existing appeal decision may be the subject of an 11
application to a Magistrates Court and may be dealt with 12
by the court under the existing Act; 13
(c) an existing appeal may be decided by the Magistrates 14
Court under the existing Act; 15
(d) as soon as practicable after the chief executive decides 16
whether the interest is a security interest, the chief 17
executive must give the PPS registrar written notice of 18
the decision. 19
59 Show cause notices about cancellation of registered 20
security interests that have been discharged or 21
extinguished 22
(1) This section applies to a notice in relation to a security interest 23
given to a person by the chief executive under section 20 of 24
the existing Act, if the period stated in the notice had not 25
expired before the repeal (also an existing show cause 26
notice). 27
(2) Despite the repeal of section 20 of the existing Act, the 28
following provisions apply-- 29
(a) the chief executive may deal with the existing show 30
cause notice under section 20; 31
(b) as soon as practicable after the chief executive decides 32
whether the registration should have been cancelled, the 33
Page 42
Personal Property Securities (Ancillary Provisions) Bill 2010
Chapter 3 Acts with Queensland registers
Part 4 Motor Vehicles and Boats Securities Act 1986
[s 60]
chief executive must give the PPS registrar written 1
notice of the decision. 2
60 Inspection of register 3
(1) Despite the repeal, section 23 of the existing Act continues to 4
apply for a period of 2 years after the repeal in relation to 5
particulars included in the former register in the period 6
starting 7 years before the repeal and ending at the repeal. 7
(2) A regulation may prescribe a fee for inspecting the former 8
register. 9
(3) The chief executive must keep a copy of the information 10
contained in the former register, as it existed immediately 11
before the repeal, for 7 years after the repeal. 12
(4) For section 23(1)(a) of the existing Act, the office of the 13
department at Brisbane is prescribed as an office of the 14
department where the register may be inspected. 15
(5) In this section-- 16
former register means the register of security interests 17
required to be kept under section 6 of the existing Act. 18
61 Applications for compensation for loss 19
(1) Subsection (2) applies if a person who is the holder of a 20
security interest that is mentioned in section 28(1) of the 21
existing Act and extinguished under section 26(1) of the 22
existing Act before the repeal suffers loss because of the 23
extinguishment. 24
(2) Despite the repeal, the person may apply for payment of 25
compensation under section 28 of the existing Act. 26
(3) Subsection (4) applies if a person who is the holder of a 27
security interest extinguished under section 30(2) of the 28
existing Act before the repeal suffers loss because of the 29
extinguishment. 30
Page 43
Personal Property Securities (Ancillary Provisions) Bill 2010
Chapter 3 Acts with Queensland registers
Part 4 Motor Vehicles and Boats Securities Act 1986
[s 62]
(4) Despite the repeal, the person may apply for compensation 1
under section 30(4) of the existing Act. 2
62 Compensation for repairing or replacing damaged 3
property 4
(1) This section applies if, before the repeal, there was an exercise 5
or purported exercise of a power under a declared provision 6
mentioned in section 30ZB(1) of the existing Act. 7
(2) Despite the repeal, a person whose property was damaged 8
because of the exercise or purported exercise of the power 9
may apply for compensation under section 30ZB of the 10
existing Act. 11
63 Protection from liability 12
(1) A public service employee continues to incur no civil liability 13
after the repeal for an act done, or omission made, honestly 14
and without negligence in the performance or purported 15
performance of functions under the existing Act if-- 16
(a) the act was done or the omission was made before the 17
repeal; or 18
(b) the act was done or the omission was made after the 19
repeal in relation to a matter that was authorised to be 20
done under this division after the repeal. 21
(2) If subsection (1) prevents a civil liability attaching to a public 22
service employee, liability attaches instead to the State. 23
64 Delegations 24
(1) The chief executive may delegate, to a person who is a public 25
service employee, the chief executive's powers under a 26
provision of the existing Act that continues, under this 27
division, to have effect after the repeal. 28
(2) A delegation that was in force immediately before the repeal 29
in relation to a provision of the existing Act that continues, 30
Page 44
Personal Property Securities (Ancillary Provisions) Bill 2010
Chapter 4 Other legislation
Department of Communities
[s 65]
under this division, to have effect after the repeal continues to 1
have effect as a delegation under this section. 2
Chapter 4 Other legislation 3
Department of Communities 4
Part 1 Amendment of Major Sports 5
Facilities Act 2001 6
65 Act amended 7
This part amends the Major Sports Facilities Act 2001. 8
66 Amendment of sch 1 (Control of traffic on facility land) 9
(1) Schedule 1, section 11(1)(c), `Motor Vehicles and Boats 10
Securities Act 1986'-- 11
omit, insert-- 12
`Personal Property Securities Act 2009 (Cwlth)'. 13
(2) Schedule 1, section 11(2)-- 14
renumber as section 11(3). 15
(3) Schedule 1, section 11-- 16
insert-- 17
`(2) A secured party can not enforce any security interest in the 18
proceeds of sale against an entity to whom an amount is 19
payable under subsection (1)(a) or (b).'. 20
(4) Schedule 1, section 11-- 21
insert-- 22
Page 45
Personal Property Securities (Ancillary Provisions) Bill 2010
Chapter 4 Other legislation
Part 2 Amendment of Motor Racing Events Act 1990
[s 67]
`(4) In this section-- 1
secured party has the meaning given by the Personal Property 2
Securities Act 2009 (Cwlth), section 10.'. 3
Part 2 Amendment of Motor Racing 4
Events Act 1990 5
67 Act amended 6
This part amends the Motor Racing Events Act 1990. 7
68 Amendment of s 14 (Power to remove vehicles left 8
unattended within declared area) 9
(1) Section 14(6), `as follows'-- 10
omit, insert-- 11
`in the following order'. 12
(2) Section 14(6)(a), `firstly,'-- 13
omit. 14
(3) Section 14(6)(b), `secondly,'-- 15
omit. 16
(4) Section 14(6)(c), `thirdly,'-- 17
omit. 18
(5) Section 14(6)(c), as amended-- 19
renumber as section 14(6)(d). 20
(6) Section 14(6)-- 21
insert-- 22
`(c) if there is an amount owing to an entity under a security 23
interest registered for the vehicle under the Personal 24
Page 46
Personal Property Securities (Ancillary Provisions) Bill 2010
Chapter 4 Other legislation
Department of Community Safety
[s 69]
Property Securities Act 2009 (Cwlth)--in payment of 1
the amount owing under the security interest;'. 2
(7) Section 14-- 3
insert-- 4
`(6A) A secured party can not enforce any security interest in the 5
proceeds of sale or disposal of a vehicle against an entity to 6
whom an amount is payable under subsection (6)(a) or (b).'. 7
(8) Section 14-- 8
insert-- 9
`(11) In this section-- 10
secured party has the meaning given by the Personal Property 11
Securities Act 2009 (Cwlth), section 10.'. 12
Department of Community Safety 13
Part 3 Amendment of Fire and Rescue 14
Service Act 1990 15
69 Act amended 16
This part amends the Fire and Rescue Service Act 1990. 17
70 Amendment of s 69 (Requisition by commissioner to 18
reduce fire risk) 19
Section 69(9)(b)-- 20
omit, insert-- 21
`(b) exceed the expenses incurred--the proceeds of the 22
disposal must be applied in the following order-- 23
Page 47
Personal Property Securities (Ancillary Provisions) Bill 2010
Chapter 4 Other legislation
Department of Education and Training
[s 71]
(i) if there is an amount owing to an entity under a 1
security interest registered against the property 2
under the Personal Property Securities Act 2009 3
(Cwlth)--in payment of the amount owing under 4
the security interest; 5
(ii) in payment of any balance to the person whose 6
property the chief executive believes the material 7
to have been.'. 8
Department of Education and Training 9
Part 4 Amendment of Central 10
Queensland University Act 11
1998 12
71 Act amended 13
This part amends the Central Queensland University Act 14
1998. 15
72 Amendment of sch 1 (Control of traffic and conduct on 16
university land) 17
(1) Schedule 1, section 11(1)(c)-- 18
renumber as section 11(1)(d). 19
(2) Schedule 1, section 11(1)-- 20
insert-- 21
`(c) if there is an amount owing to an entity under a security 22
interest registered for the vehicle under the Personal 23
Property Securities Act 2009 (Cwlth)--in payment of 24
the amount owing under the security interest;'. 25
Page 48
Personal Property Securities (Ancillary Provisions) Bill 2010
Chapter 4 Other legislation
Part 5 Amendment of Griffith University Act 1998
[s 73]
Part 5 Amendment of Griffith 1
University Act 1998 2
73 Act amended 3
This part amends the Griffith University Act 1998. 4
74 Amendment of sch 1 (Control of traffic and conduct on 5
university land) 6
(1) Schedule 1, section 11(1)(c)-- 7
renumber as section 11(1)(d). 8
(2) Schedule 1, section 11(1)-- 9
insert-- 10
`(c) if there is an amount owing to an entity under a security 11
interest registered for the vehicle under the Personal 12
Property Securities Act 2009 (Cwlth)--in payment of 13
the amount owing under the security interest;'. 14
Part 6 Amendment of James Cook 15
University Act 1997 16
75 Act amended 17
This part amends the James Cook University Act 1997. 18
76 Amendment of sch 1 (Control of traffic and conduct on 19
university land) 20
(1) Schedule 1, section 10(1)(c)-- 21
renumber as section 10(1)(d). 22
(2) Schedule 1, section 10(1)-- 23
Page 49
Personal Property Securities (Ancillary Provisions) Bill 2010
Chapter 4 Other legislation
Part 7 Amendment of Queensland University of Technology Act 1998
[s 77]
insert-- 1
`(c) if there is an amount owing to an entity under a security 2
interest registered for the vehicle under the Personal 3
Property Securities Act 2009 (Cwlth)--in payment of 4
the amount owing under the security interest;'. 5
Part 7 Amendment of Queensland 6
University of Technology Act 7
1998 8
77 Act amended 9
This part amends the Queensland University of Technology 10
Act 1998. 11
78 Amendment of sch 1 (Control of traffic and conduct on 12
university land) 13
(1) Schedule 1, section 11(1)(c)-- 14
renumber as section 11(1)(d). 15
(2) Schedule 1, section 11(1)-- 16
insert-- 17
`(c) if there is an amount owing to an entity under a security 18
interest registered for the vehicle under the Personal 19
Property Securities Act 2009 (Cwlth)--in payment of 20
the amount owing under the security interest;'. 21
Page 50
Personal Property Securities (Ancillary Provisions) Bill 2010
Chapter 4 Other legislation
Part 8 Amendment of University of Queensland Act 1998
[s 79]
Part 8 Amendment of University of 1
Queensland Act 1998 2
79 Act amended 3
This part amends the University of Queensland Act 1998. 4
80 Amendment of sch 1 (Control of traffic and conduct on 5
university land) 6
(1) Schedule 1, section 11(1)(c)-- 7
renumber as section 11(1)(d). 8
(2) Schedule 1, section 11(1)-- 9
insert-- 10
`(c) if there is an amount owing to an entity under a security 11
interest registered for the vehicle under the Personal 12
Property Securities Act 2009 (Cwlth)--in payment of 13
the amount owing under the security interest;'. 14
Part 9 Amendment of University of 15
Southern Queensland Act 1998 16
81 Act amended 17
This part amends the University of Southern Queensland Act 18
1998. 19
82 Amendment of sch 1 (Control of traffic and conduct on 20
university land) 21
(1) Schedule 1, section 11(1)(c)-- 22
renumber as section 11(1)(d). 23
Page 51
Personal Property Securities (Ancillary Provisions) Bill 2010
Chapter 4 Other legislation
Part 10 Amendment of University of the Sunshine Coast Act 1998
[s 83]
(2) Schedule 1, section 11(1)-- 1
insert-- 2
`(c) if there is an amount owing to an entity under a security 3
interest registered for the vehicle under the Personal 4
Property Securities Act 2009 (Cwlth)--in payment of 5
the amount owing under the security interest;'. 6
Part 10 Amendment of University of the 7
Sunshine Coast Act 1998 8
83 Act amended 9
This part amends the University of the Sunshine Coast Act 10
1998. 11
84 Amendment of sch 1 (Control of traffic and conduct on 12
university land) 13
(1) Schedule 1, section 11(1)(c)-- 14
renumber as section 11(1)(d). 15
(2) Schedule 1, section 11(1)-- 16
insert-- 17
`(c) if there is an amount owing to an entity under a security 18
interest registered for the vehicle under the Personal 19
Property Securities Act 2009 (Cwlth)--in payment of 20
the amount owing under the security interest;'. 21
Page 52
Personal Property Securities (Ancillary Provisions) Bill 2010
Chapter 4 Other legislation
Department of Employment, Economic Development and Innovation
[s 85]
Department of Employment, Economic 1
Development and Innovation 2
Part 11 Amendment of Agricultural 3
Chemicals Distribution Control 4
Act 1966 5
85 Act amended 6
This part amends the Agricultural Chemicals Distribution 7
Control Act 1966. 8
86 Amendment of schedule (Dictionary) 9
Schedule, definition owner, paragraph (a)-- 10
omit, insert-- 11
`(a) for aircraft or ground equipment subject to a security 12
interest under the Personal Property Securities Act 2009 13
(Cwlth)-- 14
(i) the person who holds the security interest; or 15
(ii) the personal representative of the person 16
mentioned in subparagraph (i); or 17
(iii) if the person mentioned in subparagraph (i) is a 18
corporation--a transferee of, or successor to, the 19
corporation's interest; or'. 20
Page 53
Personal Property Securities (Ancillary Provisions) Bill 2010
Chapter 4 Other legislation
Part 12 Amendment of Alcan Queensland Pty. Limited Agreement Act 1965
[s 87]
Part 12 Amendment of Alcan 1
Queensland Pty. Limited 2
Agreement Act 1965 3
87 Act amended 4
This part amends the Alcan Queensland Pty. Limited 5
Agreement Act 1965. 6
88 Insertion of new s 4B 7
After section 4A-- 8
insert-- 9
`4B Declaration for Commonwealth Act 10
`A special bauxite mining lease is declared not to be personal 11
property under the Personal Property Securities Act 2009 12
(Cwlth).'. 13
Part 13 Amendment of Casino Control 14
Act 1982 15
89 Act amended 16
This part amends the Casino Control Act 1982. 17
90 Insertion of new s 4B 18
After section 4A-- 19
insert-- 20
`4B Declaration for Commonwealth Act 21
`A casino licence is declared not to be personal property under 22
the Personal Property Securities Act 2009 (Cwlth).'. 23
Page 54
Personal Property Securities (Ancillary Provisions) Bill 2010
Chapter 4 Other legislation
Part 14 Amendment of Central Queensland Coal Associates Agreement Act 1968
[s 91]
Part 14 Amendment of Central 1
Queensland Coal Associates 2
Agreement Act 1968 3
91 Act amended 4
This part amends the Central Queensland Coal Associates 5
Agreement Act 1968. 6
92 Insertion of new s 9A 7
After section 9-- 8
insert-- 9
`9A Declaration for Commonwealth Act 10
`A special coal mining lease is declared not to be personal 11
property under the Personal Property Securities Act 2009 12
(Cwlth).'. 13
Part 15 Amendment of Commonwealth 14
Aluminium Corporation Pty. 15
Limited Agreement Act 1957 16
93 Act amended 17
This part amends the Commonwealth Aluminium Corporation 18
Pty. Limited Agreement Act 1957. 19
94 Insertion of new s 4B 20
After section 4A-- 21
insert-- 22
Page 55
Personal Property Securities (Ancillary Provisions) Bill 2010
Chapter 4 Other legislation
Part 16 Amendment of Cooperatives Regulation 1997
[s 95]
`4B Declaration for Commonwealth Act 1
`A special bauxite mining lease is declared not to be personal 2
property under the Personal Property Securities Act 2009 3
(Cwlth).'. 4
Part 16 Amendment of Cooperatives 5
Regulation 1997 6
95 Regulation amended 7
This part amends the Cooperatives Regulation 1997. 8
96 Omission of s 23 (Charges required to be registered) 9
Section 23-- 10
omit. 11
97 Amendment of s 24 (Inspection of register of charges) 12
Section 24, after `section 41(3)(b)'-- 13
insert-- 14
`as continued by section 482 of the Act'. 15
98 Amendment of s 25 (Copies of register of charges) 16
Section 25, after `section 41(5)(a)'-- 17
insert-- 18
`as continued by section 482 of the Act'. 19
Page 56
Personal Property Securities (Ancillary Provisions) Bill 2010
Chapter 4 Other legislation
Part 17 Amendment of Disposal of Uncollected Goods Act 1967
[s 99]
Part 17 Amendment of Disposal of 1
Uncollected Goods Act 1967 2
99 Act amended 3
This part amends the Disposal of Uncollected Goods Act 4
1967. 5
100 Insertion of new s 4A 6
Part 1, after section 4-- 7
insert-- 8
`4A Bailee's charges in relation to goods 9
`(1) If goods are sold under this Act, whether under an order under 10
part 3 or otherwise, the charges of the bailee in relation to the 11
goods-- 12
(a) are declared to be statutory interests to which section 13
73(2) of the Personal Property Securities Act 2009 14
(Cwlth) applies; and 15
(b) have priority over all security interests in relation to the 16
goods. 17
`(2) In this section-- 18
security interest has the meaning given by the Personal 19
Property Securities Act 2009 (Cwlth), section 12.'. 20
101 Amendment of s 15 (Buyer of goods sold pursuant to this 21
Act to acquire a good title) 22
Section 15(1), after `the goods'-- 23
insert-- 24
`, and the interest of anyone else ends,'. 25
Page 57
Personal Property Securities (Ancillary Provisions) Bill 2010
Chapter 4 Other legislation
Part 18 Amendment of Electricity Act 1994
[s 102]
102 Amendment of s 20 (Disposal of net proceeds of sale of 1
goods) 2
Section 20-- 3
insert-- 4
`(3A) The State's interest under subsection (3) in prescribed charges 5
is declared to be a statutory interest to which section 73(2) of 6
the Personal Property Securities Act 2009 (Cwlth) applies.'. 7
Part 18 Amendment of Electricity Act 8
1994 9
103 Act amended 10
This part amends the Electricity Act 1994. 11
104 Insertion of new s 18A 12
After section 18-- 13
insert-- 14
`18A Declaration for Commonwealth Act 15
`The following are declared not to be personal property under 16
the Personal Property Securities Act 2009 (Cwlth)-- 17
(a) a distribution authority; 18
(b) a generation authority; 19
(c) a retail authority; 20
(d) a special approval; 21
(e) a transmission authority.'. 22
Page 58
Personal Property Securities (Ancillary Provisions) Bill 2010
Chapter 4 Other legislation
Part 19 Amendment of Gaming Machine Act 1991
[s 105]
Part 19 Amendment of Gaming 1
Machine Act 1991 2
105 Act amended 3
This part amends the Gaming Machine Act 1991. 4
106 Insertion of new s 13A 5
After section 13-- 6
insert-- 7
`13A Declaration for Commonwealth Act 8
`The following are declared not to be personal property under 9
the Personal Property Securities Act 2009 (Cwlth)-- 10
(a) an entitlement; 11
(b) an operating authority.'. 12
Part 20 Amendment of Gas Supply Act 13
2003 14
107 Act amended 15
This part amends the Gas Supply Act 2003. 16
108 Insertion of new s 5A 17
After section 5-- 18
insert-- 19
`5A Declaration for Commonwealth Act 20
`The following are declared not to be personal property under 21
the Personal Property Securities Act 2009 (Cwlth)-- 22
Page 59
Personal Property Securities (Ancillary Provisions) Bill 2010
Chapter 4 Other legislation
Part 21 Amendment of Geothermal Exploration Act 2004
[s 109]
(a) a distribution authority; 1
(b) a retail authority.'. 2
Part 21 Amendment of Geothermal 3
Exploration Act 2004 4
109 Act amended 5
This part amends the Geothermal Exploration Act 2004. 6
110 Insertion of new s 7B 7
After section 7A-- 8
insert-- 9
`7B Declaration for Commonwealth Act 10
`A permit is declared not to be personal property under the 11
Personal Property Securities Act 2009 (Cwlth).'. 12
Part 22 Amendment of Gladstone 13
Power Station Agreement Act 14
1993 15
111 Act amended 16
This part amends the Gladstone Power Station Agreement Act 17
1993. 18
112 Amendment of s 13 (Issue of licence) 19
Section 13-- 20
Page 60
Personal Property Securities (Ancillary Provisions) Bill 2010
Chapter 4 Other legislation
Part 23 Amendment of Greenhouse Gas Storage Act 2009
[s 113]
insert-- 1
`(5) The licence is declared not to be personal property under the 2
Personal Property Securities Act 2009 (Cwlth).'. 3
Part 23 Amendment of Greenhouse 4
Gas Storage Act 2009 5
113 Act amended 6
This part amends the Greenhouse Gas Storage Act 2009. 7
114 Insertion of new s 8A 8
After section 8-- 9
insert-- 10
`8A Declaration for Commonwealth Act 11
`A GHG authority is declared not to be personal property 12
under the Personal Property Securities Act 2009 (Cwlth).'. 13
Part 24 Amendment of Liquor Act 1992 14
115 Act amended 15
This part amends the Liquor Act 1992. 16
116 Insertion of new s 14 17
Part 1, after section 13-- 18
insert-- 19
Page 61
Personal Property Securities (Ancillary Provisions) Bill 2010
Chapter 4 Other legislation
Part 25 Amendment of Manufactured Homes (Residential Parks) Act 2003
[s 117]
`14 Declaration for Commonwealth Act 1
`A licence is declared not to be personal property under the 2
Personal Property Securities Act 2009 (Cwlth).'. 3
Part 25 Amendment of Manufactured 4
Homes (Residential Parks) Act 5
2003 6
117 Act amended 7
This part amends the Manufactured Homes (Residential 8
Parks) Act 2003. 9
118 Amendment of s 34 (Automatic ending of sale agreement) 10
Section 34(5)(a), `Bills of Sale and Other Instruments Act 11
1955'-- 12
omit, insert-- 13
`Personal Property Securities Act 2009 (Cwlth)'. 14
119 Amendment of s 54 (Proceeds of sale) 15
Section 54(2)(b), `Bills of Sale and Other Instruments Act 16
1955'-- 17
omit, insert-- 18
`Personal Property Securities Act 2009 (Cwlth)'. 19
Page 62
Personal Property Securities (Ancillary Provisions) Bill 2010
Chapter 4 Other legislation
Part 26 Amendment of Mineral Resources Act 1989
[s 120]
Part 26 Amendment of Mineral 1
Resources Act 1989 2
120 Act amended 3
This part amends the Mineral Resources Act 1989. 4
121 Insertion of new s 3C 5
After section 3B-- 6
insert-- 7
`3C Declaration for Commonwealth Act 8
`A mining tenement is declared not to be personal property 9
under the Personal Property Securities Act 2009 (Cwlth).'. 10
122 Amendment of s 230 (Plant remaining on former mineral 11
development licence may be sold etc.) 12
(1) Section 230-- 13
insert-- 14
`(5A) A secured party can not enforce any security interest in the 15
proceeds of sale against an entity to whom an amount is 16
payable under subsection (3)(a) to (e).'. 17
(2) Section 230-- 18
insert-- 19
`(7) In this section-- 20
secured party has the meaning given by the PPS Act, section 21
10. 22
security interest has the meaning given by the PPS Act, 23
section 12. 24
PPS Act means the Personal Property Securities Act 2009 25
(Cwlth).'. 26
Page 63
Personal Property Securities (Ancillary Provisions) Bill 2010
Chapter 4 Other legislation
Part 27 Amendment of Mount Isa Mines Limited Agreement Act 1985
[s 123]
123 Amendment of s 314 (Property remaining on former 1
mining lease may be sold) 2
(1) Section 314-- 3
insert-- 4
`(5A) A secured party can not enforce any security interest in the 5
proceeds of sale against an entity to whom an amount is 6
payable under subsection (3)(a) to (e).'. 7
(2) Section 230-- 8
insert-- 9
`(7) In this section-- 10
secured party has the meaning given by the PPS Act, section 11
10. 12
security interest has the meaning given by the PPS Act, 13
section 12. 14
PPS Act means the Personal Property Securities Act 2009 15
(Cwlth).'. 16
Part 27 Amendment of Mount Isa Mines 17
Limited Agreement Act 1985 18
124 Act amended 19
This part amends the Mount Isa Mines Limited Agreement Act 20
1985. 21
125 Insertion of new s 6 22
After section 5-- 23
insert-- 24
Page 64
Personal Property Securities (Ancillary Provisions) Bill 2010
Chapter 4 Other legislation
Part 28 Amendment of Offshore Minerals Act 1998
[s 126]
`6 Declaration for Commonwealth Act 1
`The following are declared not to be personal property under 2
the Personal Property Securities Act 2009 (Cwlth)-- 3
(a) a mining lease; 4
(b) a sub-lease; 5
(c) a licence.'. 6
Part 28 Amendment of Offshore 7
Minerals Act 1998 8
126 Act amended 9
This part amends the Offshore Minerals Act 1998. 10
127 Insertion of new s 3A 11
Chapter 1, part 1.1, after section 3-- 12
insert-- 13
`3A Declaration for Commonwealth Act 14
`The following are declared not to be personal property under 15
the Personal Property Securities Act 2009 (Cwlth)-- 16
(a) a special purpose consent; 17
(b) a tenure.'. 18
Page 65
Personal Property Securities (Ancillary Provisions) Bill 2010
Chapter 4 Other legislation
Part 29 Amendment of Petroleum Act 1923
[s 128]
Part 29 Amendment of Petroleum Act 1
1923 2
128 Act amended 3
This part amends the Petroleum Act 1923. 4
129 Insertion of new s 5 5
After section 4A-- 6
insert-- 7
`5 Declaration for Commonwealth Act 8
`A 1923 Act petroleum tenure is declared not to be personal 9
property under the Personal Property Securities Act 2009 10
(Cwlth).'. 11
Part 30 Amendment of Petroleum and 12
Gas (Production and Safety) 13
Act 2004 14
130 Act amended 15
This part amends the Petroleum and Gas (Production and 16
Safety) Act 2004. 17
131 Insertion of new s 6C 18
After section 6B-- 19
insert-- 20
`6C Declaration for Commonwealth Act 21
`A petroleum authority is declared not to be personal property 22
under the Personal Property Securities Act 2009 (Cwlth).'. 23
Page 66
Personal Property Securities (Ancillary Provisions) Bill 2010
Chapter 4 Other legislation
Part 31 Amendment of Petroleum (Submerged Lands) Act 1982
[s 132]
Part 31 Amendment of Petroleum 1
(Submerged Lands) Act 1982 2
132 Act amended 3
This part amends the Petroleum (Submerged Lands) Act 1982. 4
133 Insertion of new s 6B 5
After section 6A-- 6
insert-- 7
`6B Declaration for Commonwealth Act 8
`The following are declared not to be personal property under 9
the Personal Property Securities Act 2009 (Cwlth)-- 10
(a) an access authority; 11
(b) a licence; 12
(c) a permit; 13
(d) a pipeline licence.'. 14
Part 32 Amendment of Property Agents 15
and Motor Dealers Act 2000 16
134 Act amended 17
This part amends the Property Agents and Motor Dealers Act 18
2000. 19
Page 67
Personal Property Securities (Ancillary Provisions) Bill 2010
Chapter 4 Other legislation
Part 32 Amendment of Property Agents and Motor Dealers Act 2000
[s 135]
135 Omission of ch 7, pt 2, div 9 (Sales of water damaged 1
motor vehicles) 2
Chapter 7, part, 2, division 9-- 3
omit. 4
136 Replacement of ch 7, pt 3, hdg (Guarantee of title for 5
motor vehicles) 6
Chapter 7, part 3, heading-- 7
omit, insert-- 8
`Part 3 Sale of motor vehicles by 9
auction'. 10
137 Amendment of s 233 (Guarantee of title for motor 11
vehicles) 12
(1) Section 233, heading-- 13
omit, insert-- 14
`233 Obligations of auctioneer'. 15
(2) Section 233(5) to (7), (10) and (11)-- 16
omit. 17
(3) Section 233(8), `documents mentioned in subsection (4) and 18
(5)'-- 19
omit, insert-- 20
`form mentioned in subsection (4)'. 21
(4) Section 233-- 22
insert-- 23
`(12A) Subsections (2) and (4)(b) do not apply to the extent that a 24
security interest in the motor vehicle is registered under the 25
Personal Property Securities Act 2009 (Cwlth).'. 26
Page 68
Personal Property Securities (Ancillary Provisions) Bill 2010
Chapter 4 Other legislation
Part 32 Amendment of Property Agents and Motor Dealers Act 2000
[s 138]
(5) Section 233(8) to (13)-- 1
renumber as section 233(5) to (9). 2
138 Omission of ch 9, pt 2, div 6 (Sales of used motor 3
vehicles that are water damaged motor vehicles) 4
Chapter 9, part 2, division 6-- 5
omit. 6
139 Replacement of ch 9, pt 3, hdg (Guarantee of title for 7
motor vehicles) 8
Chapter 9, part 3, heading-- 9
omit, insert-- 10
`Part 3 Sale of motor vehicles by motor 11
dealer'. 12
140 Amendment of s 295 (Guarantee of title for motor 13
vehicles) 14
(1) Section 295(1), heading-- 15
omit, insert-- 16
`295 Obligations of motor dealer'. 17
(2) Section 295(1), note-- 18
omit, insert-- 19
`Note-- 20
For a sale by auction, see section 233.'. 21
(3) Section 295(4)(a)-- 22
omit. 23
(4) Section 295(4)(c), `documents mentioned in paragraphs (a) 24
and (b)'-- 25
omit, insert-- 26
Page 69
Personal Property Securities (Ancillary Provisions) Bill 2010
Chapter 4 Other legislation
Part 32 Amendment of Property Agents and Motor Dealers Act 2000
[s 141]
`form mentioned in paragraph (a)'. 1
(5) Section 295(4)(d), `paragraph (b)'-- 2
omit, insert-- 3
`paragraph (a)'. 4
(6) Section 295(4)(b) to (d)-- 5
renumber as section 295(4)(a) to (c). 6
(7) Section 295(5) and (6)-- 7
omit. 8
(8) Section 295-- 9
insert-- 10
`(7A) Subsections (2) and (4)(a)(ii) do not apply to the extent that a 11
security interest in the motor vehicle is registered under the 12
Personal Property Securities Act 2009 (Cwlth).'. 13
(9) Section 295(7), (7A) and (8)-- 14
renumber as section 295(5), (6) and (7). 15
141 Amendment of s 578 (Offence to charge fee for providing 16
documents etc.) 17
Section 578(3)-- 18
omit. 19
142 Insertion of new ch 19, pt 9 20
Chapter 19-- 21
insert-- 22
Page 70
Personal Property Securities (Ancillary Provisions) Bill 2010
Chapter 4 Other legislation
Part 33 Amendment of Property Agents and Motor Dealers Regulation 2001
[s 143]
`Part 9 Transitional provision for 1
Personal Property Securities 2
(Ancillary Provisions) Act 2010 3
`652 Effect of regulation amendment 4
`The amendment of the Property Agents and Motor Dealers 5
Regulation 2001 by the Personal Property Securities 6
(Ancillary Provisions) Act 2010 does not affect the power of 7
the Governor in Council to further amend the regulation or to 8
repeal it.'. 9
143 Amendment of sch 2 (Dictionary) 10
Schedule 2, definitions security interest certificate and water 11
damaged motor vehicle-- 12
omit. 13
Part 33 Amendment of Property Agents 14
and Motor Dealers Regulation 15
2001 16
144 Regulation amended 17
This part amends the Property Agents and Motor Dealers 18
Regulation 2001. 19
145 Amendment of s 20 (Guarantee of title for motor vehicles) 20
Section 20(2)-- 21
omit. 22
Page 71
Personal Property Securities (Ancillary Provisions) Bill 2010
Chapter 4 Other legislation
Part 34 Amendment of Queensland Nickel Agreement Act 1970
[s 146]
146 Amendment of s 30 (Motor dealer to keep transaction 1
register) 2
(1) Section 30(1)(n)-- 3
omit. 4
(2) Section 30(1)(o) and (p)-- 5
renumber as section 30(1)(n) and (o). 6
Part 34 Amendment of Queensland 7
Nickel Agreement Act 1970 8
147 Act amended 9
This part amends the Queensland Nickel Agreement Act 1970. 10
148 Insertion of new s 6A 11
After section 6-- 12
insert-- 13
`6A Declaration for Commonwealth Act 14
`A special mineral lease is declared not to be personal 15
property under the Personal Property Securities Act 2009 16
(Cwlth).'. 17
Page 72
Personal Property Securities (Ancillary Provisions) Bill 2010
Chapter 4 Other legislation
Part 35 Amendment of Second-hand Dealers and Pawnbrokers Act 2003
[s 149]
Part 35 Amendment of Second-hand 1
Dealers and Pawnbrokers Act 2
2003 3
149 Act amended 4
This part amends the Second-hand Dealers and Pawnbrokers 5
Act 2003. 6
150 Amendment of s 64 (Proceeds of sale of property) 7
(1) Section 64-- 8
insert-- 9
`(1A) A pawnbroker's interest under subsection (1) in the proceeds 10
of sale of the property-- 11
(a) is declared to be a statutory interest to which section 12
73(2) of the PPS Act applies; and 13
(b) has priority over all security interests in relation to the 14
property. 15
`(1B) Subsection (1) applies only to a security interest to which the 16
PPS Act does not apply.'. 17
(2) Section 64-- 18
insert-- 19
`(5) In this section-- 20
PPS Act means the Personal Property Securities Act 2009 21
(Cwlth). 22
security interest has the meaning given by the PPS Act, 23
section 12.'. 24
Page 73
Personal Property Securities (Ancillary Provisions) Bill 2010
Chapter 4 Other legislation
Part 36 Amendment of Storage Liens Act 1973
[s 151]
Part 36 Amendment of Storage Liens 1
Act 1973 2
151 Act amended 3
This part amends the Storage Liens Act 1973. 4
152 Insertion of new s 4A 5
After section 4-- 6
insert-- 7
`4A Priority of storer's lien 8
`(1) The storer's lien on goods-- 9
(a) is declared to be a statutory interest to which section 10
73(2) of the Personal Property Securities Act 2009 11
(Cwlth) applies; and 12
(b) has priority over all security interests in relation to the 13
goods. 14
`(2) In this section-- 15
security interest has the meaning given by the Personal 16
Property Securities Act 2009 (Cwlth), section 12.'. 17
Part 37 Amendment of Thiess Peabody 18
Coal Pty. Ltd. Agreement Act 19
1962 20
153 Act amended 21
This part amends the Thiess Peabody Coal Pty. Ltd. 22
Agreement Act 1962. 23
Page 74
Personal Property Securities (Ancillary Provisions) Bill 2010
Chapter 4 Other legislation
Part 38 Amendment of Wine Industry Act 1994
[s 154]
154 Insertion of new s 6 1
After section 5-- 2
insert-- 3
`6 Declaration for Commonwealth Act 4
`A special coal mining lease is declared not to be personal 5
property under the Personal Property Securities Act 2009 6
(Cwlth).'. 7
Part 38 Amendment of Wine Industry 8
Act 1994 9
155 Act amended 10
This part amends the Wine Industry Act 1994. 11
156 Insertion of new pt 1, div 4 12
After section 5-- 13
insert-- 14
`Division 4 Relationship between this Act and 15
the Personal Property Securities 16
Act 2009 (Cwlth) 17
`5A Declaration for Commonwealth Act 18
`A licence is declared not to be personal property under the 19
Personal Property Securities Act 2009 (Cwlth).'. 20
Page 75
Personal Property Securities (Ancillary Provisions) Bill 2010
Chapter 4 Other legislation
Department of Environment and Resource Management
[s 157]
Department of Environment and Resource 1
Management 2
Part 39 Amendment of Forestry Act 3
1959 4
157 Act amended 5
This part amends the Forestry Act 1959. 6
158 Amendment of s 61 (Removal of forest products) 7
Section 61-- 8
insert-- 9
`(5) The Crown's interest under subsection (4) in forest products 10
and quarry material-- 11
(a) is declared to be a statutory interest to which section 12
73(2) of the Personal Property Securities Act 2009 13
(Cwlth) applies; and 14
(b) has priority over all security interests in relation to the 15
forest products and quarry material. 16
`(6) In this section-- 17
security interest has the meaning given by the Personal 18
Property Securities Act 2009 (Cwlth), section 12.'. 19
Page 76
Personal Property Securities (Ancillary Provisions) Bill 2010
Chapter 4 Other legislation
Department of Infrastructure and Planning
[s 159]
Department of Infrastructure and Planning 1
Part 40 Amendment of City of Brisbane 2
Act 2010 3
159 Act amended 4
This part amends the City of Brisbane Act 2010. 5
160 Insertion of new ch 3, pt 2, div 5 6
Chapter 3, part 2-- 7
insert-- 8
`Division 5 Miscellaneous 9
`42A Local law about seizing and disposing of personal 10
property 11
`(1) This section applies if-- 12
(a) the council has made a local law about seizing and 13
disposing of personal property; and 14
(b) personal property is seized under the local law. 15
`(2) If the personal property is sold or disposed of, the proceeds of 16
sale or disposal must be applied in the following order-- 17
(a) in payment of the reasonable expenses incurred in 18
selling or disposing of the property; 19
(b) in payment of the prescribed fee for seizing and holding 20
the property; 21
(c) if there is an amount owing to an entity under a security 22
interest registered for the property under the Personal 23
Property Securities Act 2009 (Cwlth)--in payment of 24
the amount owing under the security interest; 25
Page 77
Personal Property Securities (Ancillary Provisions) Bill 2010
Chapter 4 Other legislation
Part 40 Amendment of City of Brisbane Act 2010
[s 161]
(d) the balance to the owner of the property. 1
`(3) A secured party can not enforce any security interest in the 2
proceeds of sale or disposal against an entity to whom an 3
amount is payable under subsection (2)(a) or (b). 4
`(4) In this section-- 5
personal property has the meaning given by the Personal 6
Property Securities Act 2009 (Cwlth), section 10. 7
secured party has the meaning given by the Personal Property 8
Securities Act 2009 (Cwlth), section 10.'. 9
161 Replacement of ch 8, pt 2, hdg (Transitional and savings 10
provisions) 11
Chapter 8, part 2, heading-- 12
omit, insert-- 13
`Part 2 Transitional and savings 14
provisions for Act No. 23 of 15
2010'. 16
162 Insertion of new ch 8, pt 3 17
Chapter 8-- 18
insert-- 19
`Part 3 Transitional provision for 20
Personal Property Securities 21
(Ancillary Provisions) Act 2010 22
`265 Effect of regulation amendment 23
`The amendment of the City of Brisbane (Operations) 24
Regulation 2010 by the Personal Property Securities 25
(Ancillary Provisions) Act 2010 does not affect the power of 26
Page 78
Personal Property Securities (Ancillary Provisions) Bill 2010
Chapter 4 Other legislation
Part 41 Amendment of City of Brisbane (Operations) Regulation 2010
[s 163]
the Governor in Council to further amend the regulation or to 1
repeal it.'. 2
Part 41 Amendment of City of Brisbane 3
(Operations) Regulation 2010 4
163 Regulation amended 5
This part amends the City of Brisbane (Operations) 6
Regulation 2010. 7
164 Amendment of s 26 (Sale of vehicle removed from mall) 8
Section 26(6)-- 9
omit, insert-- 10
`(6) The proceeds of the sale or disposal of the vehicle must be 11
applied in the same way as stated in the Act, section 42A for 12
the sale or disposal of personal property seized under a local 13
law.'. 14
Part 42 Amendment of Local 15
Government Act 2009 16
165 Act amended 17
This part amends the Local Government Act 2009. 18
166 Insertion of new ch 3, pt 1, div 4 19
Chapter 3, part 1-- 20
Page 79
Personal Property Securities (Ancillary Provisions) Bill 2010
Chapter 4 Other legislation
Part 42 Amendment of Local Government Act 2009
[s 166]
insert-- 1
`Division 4 Miscellaneous 2
`38A Local law about seizing and disposing of personal 3
property 4
`(1) This section applies if-- 5
(a) a local government has made a local law about seizing 6
and disposing of personal property; and 7
(b) personal property is seized under the local law. 8
`(2) If the personal property is sold or disposed of, the proceeds of 9
sale or disposal must be applied in the following order-- 10
(a) in payment of the reasonable expenses incurred in 11
selling or disposing of the property; 12
(b) in payment of the prescribed fee for seizing and holding 13
the property; 14
(c) if there is an amount owing to an entity under a security 15
interest registered for the property under the Personal 16
Property Securities Act 2009 (Cwlth)--in payment of 17
the amount owing under the security interest; 18
(d) the balance to the owner of the property. 19
`(3) A secured party can not enforce any security interest in the 20
proceeds of sale or disposal against an entity to whom an 21
amount is payable under subsection (2)(a) or (b). 22
`(4) In this section-- 23
personal property has the meaning given by the Personal 24
Property Securities Act 2009 (Cwlth), section 10. 25
secured party has the meaning given by the Personal Property 26
Securities Act 2009 (Cwlth), section 10.'. 27
Page 80
Personal Property Securities (Ancillary Provisions) Bill 2010
Chapter 4 Other legislation
Department of Justice and Attorney-General
[s 167]
Department of Justice and Attorney-General 1
Part 43 Amendment of Burials 2
Assistance Act 1965 3
167 Act amended 4
This part amends the Burials Assistance Act 1965. 5
168 Amendment of s 4A (Charge on account with financial 6
institution) 7
Section 4A-- 8
insert-- 9
`(4A) A charge under this section is declared to be a statutory 10
interest to which section 73(2) of the Personal Property 11
Securities Act 2009 (Cwlth) applies.'. 12
Part 44 Amendment of Criminal 13
Proceeds Confiscation Act 14
2002 15
169 Act amended 16
This part amends the Criminal Proceeds Confiscation Act 17
2002. 18
170 Amendment of s 52 (Contravention of restraining order) 19
Section 52-- 20
insert-- 21
Page 81
Personal Property Securities (Ancillary Provisions) Bill 2010
Chapter 4 Other legislation
Part 44 Amendment of Criminal Proceeds Confiscation Act 2002
[s 170]
`(4) Subsection (2) does not apply to a charge in relation to a 1
motor vehicle, boat or outboard motor restrained under a 2
restraining order that is registered under the Personal Property 3
Securities Act 2009 (Cwlth). 4
`(5) In this section-- 5
boat means a ship within the meaning of the Transport 6
Operations (Marine Safety) Act 1994 that-- 7
(a) is registrable under that Act; and 8
(b) has a unique alphanumeric identifier, of at least 14 9
characters, that is-- 10
(i) assigned to the ship by the ship's manufacturer or 11
under a law of a State; and 12
(ii) permanently attached to, or marked on, the hull of 13
the ship. 14
motor vehicle-- 15
(a) means a land vehicle that moves on wheels and is 16
propelled by a motor that is part of the vehicle; and 17
(b) includes a caravan or trailer designed to be attached to, 18
or drawn by, a motor vehicle of a type mentioned in 19
paragraph (a); and 20
(c) does not include the following-- 21
(i) a vehicle designed for use primarily in the mining 22
industry; 23
(ii) farm machinery; 24
(iii) a vehicle designed for use on a railway or tramway. 25
outboard motor means an internal combustion engine that-- 26
(a) has a propeller and an engine number; and 27
(b) is designed to be attached to the stern of a boat and used 28
to propel a boat.'. 29
Page 82
Personal Property Securities (Ancillary Provisions) Bill 2010
Chapter 4 Other legislation
Part 44 Amendment of Criminal Proceeds Confiscation Act 2002
[s 171]
171 Amendment of s 88 (Charge on property) 1
Section 88(2)-- 2
insert-- 3
`(d) is declared to be a statutory interest to which section 4
73(2) of the Personal Property Securities Act 2009 5
(Cwlth) applies.'. 6
172 Amendment of s 143 (Contravention of restraining order) 7
Section 143-- 8
insert-- 9
`(4) Subsection (2) does not apply to a charge in relation to a 10
motor vehicle, boat or outboard motor restrained under a 11
restraining order that is registered under the Personal Property 12
Securities Act 2009 (Cwlth). 13
`(5) In this section-- 14
boat means a ship within the meaning of the Transport 15
Operations (Marine Safety) Act 1994 that-- 16
(a) is registrable under that Act; and 17
(b) has a unique alphanumeric identifier, of at least 14 18
characters, that is-- 19
(i) assigned to the ship by the ship's manufacturer or 20
under a law of a State; and 21
(ii) permanently attached to, or marked on, the hull of 22
the ship. 23
motor vehicle-- 24
(a) means a land vehicle that moves on wheels and is 25
propelled by a motor that is part of the vehicle; and 26
(b) includes a caravan or trailer designed to be attached to, 27
or drawn by, a motor vehicle of a type mentioned in 28
paragraph (a); and 29
(c) does not include the following-- 30
Page 83
Personal Property Securities (Ancillary Provisions) Bill 2010
Chapter 4 Other legislation
Part 44 Amendment of Criminal Proceeds Confiscation Act 2002
[s 173]
(i) a vehicle designed for use primarily in the mining 1
industry; 2
(ii) farm machinery; 3
(iii) a vehicle designed for use on a railway or tramway. 4
outboard motor means an internal combustion engine that-- 5
(a) has a propeller and an engine number; and 6
(b) is designed to be attached to the stern of a boat and used 7
to propel a boat.'. 8
173 Amendment of s 196 (Charge on restrained property 9
under restraining order if pecuniary penalty order made) 10
(1) Section 196-- 11
insert-- 12
`(2A) The charge is declared to be a statutory interest to which 13
section 73(2) of the Personal Property Securities Act 2009 14
(Cwlth) applies.'. 15
(2) Section 196-- 16
insert-- 17
`(8) Subsection (7) does not apply to a charge over personal 18
property mentioned on the register kept under the Personal 19
Property Securities Act 2009 (Cwlth).'. 20
174 Amendment of s 220 (Application of proceeds to satisfy 21
order) 22
Section 220-- 23
insert-- 24
`(3) The interest of the public trustee in the proceeds realised from 25
the property or the disposal of the property is declared to be a 26
statutory interest to which section 73(2) of the Personal 27
Property Securities Act 2009 (Cwlth) applies.'. 28
Page 84
Personal Property Securities (Ancillary Provisions) Bill 2010
Chapter 4 Other legislation
Part 45 Amendment of Drugs Misuse Act 1986
[s 175]
175 Amendment of s 237 (Charge on property subject to filed 1
interstate restraining order) 2
Section 237-- 3
insert-- 4
`(2A) The charge is declared to be a statutory interest to which 5
section 73(2) of the Personal Property Securities Act 2009 6
(Cwlth) applies.'. 7
176 Amendment of s 256 (Orders for defeating arrangements) 8
Section 256-- 9
insert-- 10
`(3) A charge on property created under an order of the court 11
under subsection (2)(d) is declared to be a statutory interest to 12
which section 73(2) of the Personal Property Securities Act 13
2009 (Cwlth) applies.'. 14
Part 45 Amendment of Drugs Misuse 15
Act 1986 16
177 Act amended 17
This part amends the Drugs Misuse Act 1986. 18
178 Amendment of s 84 (Cost recovery) 19
(1) Section 84(5), `lien under the Bills of Sale and Other 20
Instruments Act 1955'-- 21
omit, insert-- 22
`security interest'. 23
(2) Section 84(5)(a), `lien'-- 24
Page 85
Personal Property Securities (Ancillary Provisions) Bill 2010
Chapter 4 Other legislation
Part 46 Amendment of Legal Aid Queensland Act 1997
[s 179]
omit, insert-- 1
`security interest'. 2
(3) Section 84-- 3
insert-- 4
`(6) In this section-- 5
security interest has the meaning given by the Personal 6
Property Securities Act 2009 (Cwlth), section 12.'. 7
Part 46 Amendment of Legal Aid 8
Queensland Act 1997 9
179 Act amended 10
This part amends the Legal Aid Queensland Act 1997. 11
180 Amendment of s 39 (How Legal Aid may recover 12
particular unpaid amounts from a legally assisted person 13
etc.) 14
Section 39-- 15
insert-- 16
`(7) The charge is declared to be a statutory interest to which 17
section 73(2) of the Personal Property Securities Act 2009 18
(Cwlth) applies. 19
`(8) If the proceeds of sale of property are more than the amount 20
payable to Legal Aid, Legal Aid must pay the balance of the 21
proceeds in the following order-- 22
(a) if there is an amount owing to an entity under a security 23
interest registered for the property under the Personal 24
Property Securities Act 2009 (Cwlth)--in payment of 25
the amount owing under the security interest; 26
Page 86
Personal Property Securities (Ancillary Provisions) Bill 2010
Chapter 4 Other legislation
Part 47 Amendment of Property Law Act 1974
[s 181]
(b) in payment of any balance to the legally assisted 1
person.'. 2
Part 47 Amendment of Property Law 3
Act 1974 4
181 Act amended 5
This part amends the Property Law Act 1974. 6
182 Amendment of s 45 (Formalities of deeds executed by 7
individuals) 8
(1) Section 45(5)(c)-- 9
omit. 10
(2) Section 45(5)(d)-- 11
renumber as section 45(5)(c). 12
Part 48 Amendment of Succession Act 13
1981 14
183 Act amended 15
This part amends the Succession Act 1981. 16
184 Amendment of s 34A (Meaning of household chattels) 17
(1) Section 34A(3)(a), `a charge' to `money'-- 18
omit, insert-- 19
Page 87
Personal Property Securities (Ancillary Provisions) Bill 2010
Chapter 4 Other legislation
Part 49 Amendment of Supreme Court Act 1995
[s 185]
`a security interest under the Personal Property Securities Act 1
2009 (Cwlth)'. 2
(2) Section 34A(3)(b), `as grantor under a bill of sale or'-- 3
omit. 4
Part 49 Amendment of Supreme Court 5
Act 1995 6
185 Act amended 7
This part amends the Supreme Court Act 1995. 8
186 Amendment of s 161 (Court or judge may direct sale of 9
goods seized in execution) 10
Section 161, `under a bill of sale or otherwise'-- 11
omit. 12
Department of Police 13
Part 50 Amendment of Police Powers 14
and Responsibilities Act 2000 15
187 Act amended 16
This part amends the Police Powers and Responsibilities Act 17
2000. 18
Page 88
Personal Property Securities (Ancillary Provisions) Bill 2010
Chapter 4 Other legislation
Part 50 Amendment of Police Powers and Responsibilities Act 2000
[s 188]
188 Amendment of s 99 (Consideration of application for 1
forfeiture order--type 1 vehicle related offence) 2
Section 99(6)(b), `a charge or other security interest registered 3
under the Motor Vehicles and Boats Securities Act 1986'-- 4
omit, insert-- 5
`a security interest under the Personal Property Securities Act 6
2009 (Cwlth)'. 7
189 Amendment of s 99B (Consideration of application for 8
forfeiture order--type 2 vehicle related offence) 9
Section 99B(6)(b), `a charge or other security interest 10
registered under the Motor Vehicles and Boats Securities Act 11
1986'-- 12
omit, insert-- 13
`a security interest under the Personal Property Securities Act 14
2009 (Cwlth)'. 15
190 Amendment of s 101 (Consideration of application for 16
forfeiture order) 17
Section 101(6)(b), `a charge or other security interest 18
registered under the Motor Vehicles and Boats Securities Act 19
1986'-- 20
omit, insert-- 21
`a security interest under the Personal Property Securities Act 22
2009 (Cwlth)'. 23
191 Amendment of s 121 (Application of proceeds of sale) 24
Section 121(2)(c), `Motor Vehicles and Boats Securities Act 25
1986'-- 26
omit, insert-- 27
`Personal Property Securities Act 2009 (Cwlth)'. 28
Page 89
Personal Property Securities (Ancillary Provisions) Bill 2010
Chapter 4 Other legislation
Part 50 Amendment of Police Powers and Responsibilities Act 2000
[s 192]
192 Amendment of s 128 (Application of proceeds of sale) 1
(1) Section 128(1)(c)-- 2
renumber as section 128(1)(d). 3
(2) Section 128(1)-- 4
insert-- 5
`(c) if there is an amount owing to an entity under a security 6
interest registered for the vehicle, load or other thing 7
under the Personal Property Securities Act 2009 8
(Cwlth)--in payment of the amount owing under the 9
security interest;'. 10
193 Amendment of s 141 (Application of proceeds of sale) 11
(1) Section 141(1)(c)-- 12
renumber as section 141(1)(d). 13
(2) Section 141(1)-- 14
insert-- 15
`(c) if there is an amount owing to an entity under a security 16
interest registered for the animal under the Personal 17
Property Securities Act 2009 (Cwlth)--in payment of 18
the amount owing under the security interest;'. 19
194 Amendment of s 747 (Definitions for ch 22) 20
Section 747, definition owner, paragraph (b), `Motor Vehicles 21
and Boats Securities Act 1986'-- 22
omit, insert-- 23
`Personal Property Securities Act 2009 (Cwlth)'. 24
Page 90
Personal Property Securities (Ancillary Provisions) Bill 2010
Chapter 4 Other legislation
Department of the Premier and Cabinet
[s 195]
195 Amendment of s 766 (Consideration of application for 1
forfeiture order) 2
Section 766(4)(b), `a charge or other security interest 3
registered under the Motor Vehicles and Boats Securities Act 4
1986'-- 5
omit, insert-- 6
`a security interest under the Personal Property Securities Act 7
2009 (Cwlth)'. 8
196 Amendment of s 786 (Application of proceeds of sale) 9
Section 786(2)(c), `Motor Vehicles and Boats Securities Act 10
1986'-- 11
omit, insert-- 12
`Personal Property Securities Act 2009 (Cwlth)'. 13
197 Amendment of sch 6 (Dictionary) 14
Schedule 6, definition owner, paragraph (b), `Motor Vehicles 15
and Boats Securities Act 1986'-- 16
omit, insert-- 17
`Personal Property Securities Act 2009 (Cwlth)'. 18
Department of the Premier and Cabinet 19
Part 51 Amendment of Libraries Act 20
1988 21
198 Act amended 22
This part amends the Libraries Act 1988. 23
Page 91
Personal Property Securities (Ancillary Provisions) Bill 2010
Chapter 4 Other legislation
Part 51 Amendment of Libraries Act 1988
[s 199]
199 Amendment of s 28 (Disposal of abandoned property) 1
Section 28-- 2
insert-- 3
`(2A) If the board sells the property, the proceeds of sale must be 4
applied in the following order-- 5
(a) in payment of the reasonable expenses incurred in 6
storing and selling the property; 7
(b) if there is an amount owing to an entity under a security 8
interest registered for the property under the Personal 9
Property Securities Act 2009 (Cwlth)--in payment of 10
the amount owing under the security interest; 11
(c) the balance to be used by the board in performing its 12
functions.'. 13
200 Amendment of s 30 (Effect of sale or other disposal of 14
property) 15
(1) Section 30(3)-- 16
renumber as section 30(4). 17
(2) Section 30-- 18
insert-- 19
`(3) A secured party can not enforce any security interest in the 20
property or the proceeds of sale against-- 21
(a) the board; or 22
(b) an entity to whom an amount is paid or payable under 23
section 28(2A)(a); or 24
(c) an entity to whom the property is sold.'. 25
(3) Section 30-- 26
insert-- 27
`(5) In this section-- 28
Page 92
Personal Property Securities (Ancillary Provisions) Bill 2010
Chapter 4 Other legislation
Part 52 Amendment of Queensland Art Gallery Act 1987
[s 201]
secured party has the meaning given by the Personal Property 1
Securities Act 2009 (Cwlth), section 10. 2
security interest has the meaning given by the Personal 3
Property Securities Act 2009 (Cwlth), section 12.'. 4
Part 52 Amendment of Queensland Art 5
Gallery Act 1987 6
201 Act amended 7
This part amends the Queensland Art Gallery Act 1987. 8
202 Amendment of s 26 (Disposal of works of art accepted by 9
the board) 10
Section 26(6) and (7)-- 11
omit, insert-- 12
`(6) If the board sells the work, the proceeds of sale must be 13
applied in the following order-- 14
(a) in payment of the reasonable expenses incurred in 15
storing and selling the work; 16
(b) if there is an amount owing to an entity under a security 17
interest registered for the work under the Personal 18
Property Securities Act 2009 (Cwlth)--in payment of 19
the amount owing under the security interest; 20
(c) the balance-- 21
(i) must be held by the board for the person for at least 22
1 year after the sale; and 23
(ii) if the person does not claim the proceeds of sale 24
within 1 year after the sale--may be used by the 25
board in performing its functions.'. 26
Page 93
Personal Property Securities (Ancillary Provisions) Bill 2010
Chapter 4 Other legislation
Part 52 Amendment of Queensland Art Gallery Act 1987
[s 203]
203 Amendment of s 28 (Disposal of certain abandoned 1
property) 2
Section 28-- 3
insert-- 4
`(2A) If the board sells the property, the proceeds of sale must be 5
applied in the following order-- 6
(a) in payment of the reasonable expenses incurred in 7
storing and selling the property; 8
(b) if there is an amount owing to an entity under a security 9
interest registered for the property under the Personal 10
Property Securities Act 2009 (Cwlth)--in payment of 11
the amount owing under the security interest; 12
(c) the balance to be used by the board in performing its 13
functions.'. 14
204 Amendment of s 30 (Effect of sale or other disposal of 15
certain works of art or other property) 16
(1) Section 30(3)-- 17
renumber as section 30(4). 18
(2) Section 30-- 19
insert-- 20
`(3) A secured party can not enforce any security interest in the 21
property or the proceeds of sale against-- 22
(a) the board; or 23
(b) an entity to whom an amount is paid or payable under 24
section 26(6)(a) or 28(2A)(a); or 25
(c) an entity to whom the property is sold.'. 26
(3) Section 30-- 27
insert-- 28
`(5) In this section-- 29
Page 94
Personal Property Securities (Ancillary Provisions) Bill 2010
Chapter 4 Other legislation
Part 53 Amendment of Queensland Museum Act 1970
[s 205]
secured party has the meaning given by the Personal Property 1
Securities Act 2009 (Cwlth), section 10. 2
security interest has the meaning given by the Personal 3
Property Securities Act 2009 (Cwlth), section 12.'. 4
Part 53 Amendment of Queensland 5
Museum Act 1970 6
205 Act amended 7
This part amends the Queensland Museum Act 1970. 8
206 Amendment of s 19 (Disposal of specimens accepted by 9
the board) 10
Section 19(7) and (8)-- 11
omit, insert-- 12
`(7) If the board sells the specimen, the proceeds of sale must be 13
applied in the following order-- 14
(a) in payment of the reasonable expenses incurred in 15
storing and selling the specimen; 16
(b) if there is an amount owing to an entity under a security 17
interest registered for the specimen under the Personal 18
Property Securities Act 2009 (Cwlth)--in payment of 19
the amount owing under the security interest; 20
(c) the balance-- 21
(i) must be held by the board for the person for at least 22
1 year after the sale; and 23
(ii) if the person does not claim the proceeds of sale 24
within 1 year after the sale--may be used by the 25
board in performing its functions.'. 26
Page 95
Personal Property Securities (Ancillary Provisions) Bill 2010
Chapter 4 Other legislation
Part 53 Amendment of Queensland Museum Act 1970
[s 207]
207 Amendment of s 21 (Disposal of certain abandoned 1
property) 2
Section 21-- 3
insert-- 4
`(2A) If the board sells the property, the proceeds of sale must be 5
applied in the following order-- 6
(a) in payment of the reasonable expenses incurred in 7
storing and selling the property; 8
(b) if there is an amount owing to an entity under a security 9
interest registered for the property under the Personal 10
Property Securities Act 2009 (Cwlth)--in payment of 11
the amount owing under the security interest; 12
(c) the balance to be used by the board in performing its 13
functions.'. 14
208 Amendment of s 23 (Effect of sale or other disposal of 15
specimens or other property) 16
(1) Section 23(3)-- 17
renumber as section 23(4). 18
(2) Section 23-- 19
insert-- 20
`(3) A secured party can not enforce any security interest in the 21
property or the proceeds of sale against-- 22
(a) the board; or 23
(b) an entity to whom an amount is paid or payable under 24
section 19(7)(a) or 21(2A)(a); or 25
(c) an entity to whom the property is sold.'. 26
(3) Section 23-- 27
insert-- 28
`(5) In this section-- 29
Page 96
Personal Property Securities (Ancillary Provisions) Bill 2010
Chapter 4 Other legislation
Part 54 Amendment of Queensland Performing Arts Trust Act 1977
[s 209]
secured party has the meaning given by the Personal Property 1
Securities Act 2009 (Cwlth), section 10. 2
security interest has the meaning given by the Personal 3
Property Securities Act 2009 (Cwlth), section 12.'. 4
Part 54 Amendment of Queensland 5
Performing Arts Trust Act 1977 6
209 Act amended 7
This part amends the Queensland Performing Arts Trust Act 8
1977. 9
210 Amendment of s 18 (Disposal of property accepted by the 10
trust) 11
Section 18(6) and (7)-- 12
omit, insert-- 13
`(6) If the trust sells the property, the proceeds of sale must be 14
applied in the following order-- 15
(a) in payment of the reasonable expenses incurred in 16
storing and selling the property; 17
(b) if there is an amount owing to an entity under a security 18
interest registered for the property under the Personal 19
Property Securities Act 2009 (Cwlth)--in payment of 20
the amount owing under the security interest; 21
(c) the balance-- 22
(i) must be held by the trust for the person for at least 23
1 year after the sale; and 24
(ii) if the person does not claim the proceeds of sale 25
within 1 year after the sale--may be used by the 26
trust in performing its functions.'. 27
Page 97
Personal Property Securities (Ancillary Provisions) Bill 2010
Chapter 4 Other legislation
Part 54 Amendment of Queensland Performing Arts Trust Act 1977
[s 211]
211 Amendment of s 19 (Disposal of certain abandoned 1
property) 2
Section 19-- 3
insert-- 4
`(2A) If the trust sells the property, the proceeds of sale must be 5
applied in the following order-- 6
(a) in payment of the reasonable expenses incurred in 7
storing and selling the property; 8
(b) if there is an amount owing to an entity under a security 9
interest registered for the property under the Personal 10
Property Securities Act 2009 (Cwlth)--in payment of 11
the amount owing under the security interest; 12
(c) the balance to be used by the trust in performing its 13
functions.'. 14
212 Amendment of s 21 (Effect of sale or other disposal of 15
property) 16
(1) Section 21(3)-- 17
renumber as section 21(4). 18
(2) Section 21-- 19
insert-- 20
`(3) A secured party can not enforce any security interest in the 21
property or the proceeds of sale against-- 22
(a) the trust; or 23
(b) an entity to whom an amount is paid or payable under 24
section 18(6)(a) or 19(2A)(a); or 25
(c) an entity to whom the property is sold.'. 26
(3) Section 21-- 27
insert-- 28
`(5) In this section-- 29
Page 98
Personal Property Securities (Ancillary Provisions) Bill 2010
Chapter 4 Other legislation
Part 55 Amendment of Queensland Theatre Company Act 1970
[s 213]
secured party has the meaning given by the Personal Property 1
Securities Act 2009 (Cwlth), section 10. 2
security interest has the meaning given by the Personal 3
Property Securities Act 2009 (Cwlth), section 12.'. 4
Part 55 Amendment of Queensland 5
Theatre Company Act 1970 6
213 Act amended 7
This part amends the Queensland Theatre Company Act 1970. 8
214 Amendment of s 18 (Disposal of certain abandoned 9
property) 10
Section 18-- 11
insert-- 12
`(2A) If the theatre company sells the property, the proceeds of sale 13
must be applied in the following order-- 14
(a) in payment of the reasonable expenses incurred in 15
storing and selling the property; 16
(b) if there is an amount owing to an entity under a security 17
interest registered for the property under the Personal 18
Property Securities Act 2009 (Cwlth)--in payment of 19
the amount owing under the security interest; 20
(c) the balance to be used by the theatre company in 21
performing its functions.'. 22
215 Amendment of s 20 (Effect of sale or other disposal of 23
property) 24
(1) Section 20(3)-- 25
Page 99
Personal Property Securities (Ancillary Provisions) Bill 2010
Chapter 4 Other legislation
Department of Transport and Main Roads
[s 216]
renumber as section 20(4). 1
(2) Section 20-- 2
insert-- 3
`(3) A secured party can not enforce any security interest in the 4
property or the proceeds of sale against-- 5
(a) the theatre company; or 6
(b) an entity to whom an amount is paid or payable under 7
section 18(2A)(a); or 8
(c) an entity to whom the property is sold.'. 9
(3) Section 20-- 10
insert-- 11
`(5) In this section-- 12
secured party has the meaning given by the Personal Property 13
Securities Act 2009 (Cwlth), section 10. 14
security interest has the meaning given by the Personal 15
Property Securities Act 2009 (Cwlth), section 12.'. 16
Department of Transport and Main Roads 17
Part 56 Amendment of Transport 18
Infrastructure Act 1994 19
216 Act amended 20
This part amends the Transport Infrastructure Act 1994. 21
Page 100
Personal Property Securities (Ancillary Provisions) Bill 2010
Chapter 4 Other legislation
Part 56 Amendment of Transport Infrastructure Act 1994
[s 217]
217 Amendment of s 52 (Alteration etc. of ancillary works and 1
encroachments) 2
(1) Section 52-- 3
insert-- 4
`(3A) If the chief executive sells ancillary works and 5
encroachments, the proceeds of the sale must be applied in the 6
following order-- 7
(a) in payment of the expenses reasonably incurred by the 8
chief executive in removing and selling the ancillary 9
works and encroachments; 10
(b) if there is an amount owing to an entity under a security 11
interest registered for the ancillary works and 12
encroachments under the Personal Property Securities 13
Act 2009 (Cwlth)--in payment of the amount owing 14
under the security interest; 15
(c) the balance to the owner of the ancillary works and 16
encroachments or, if the owner can not be found, to the 17
consolidated fund. 18
`(3B) A secured party can not enforce any security interest in the 19
proceeds of sale against an entity to whom an amount is 20
payable under subsection (3A)(a) or (b).'. 21
(2) Section 52-- 22
insert-- 23
`(7) In this section-- 24
secured party has the meaning given by the Personal Property 25
Securities Act 2009 (Cwlth), section 10.'. 26
218 Amendment of s 289M (Proceeds from the sale of 27
abandoned property) 28
Section 289M(1)(d)-- 29
omit, insert-- 30
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Personal Property Securities (Ancillary Provisions) Bill 2010
Chapter 4 Other legislation
Part 57 Amendment of Transport Infrastructure (Rail) Regulation 2006
[s 219]
`(d) if there is an amount owing to an entity under a security 1
interest registered for the abandoned property under the 2
Personal Property Securities Act 2009 (Cwlth)--in 3
payment of the amount owing under the security 4
interest; 5
(e) the balance to the owner of the abandoned property or, if 6
the owner can not be found, to the consolidated fund.'. 7
219 Insertion of new ch 21, pt 2 8
Chapter 21-- 9
insert-- 10
`Part 2 Transitional provision for 11
Personal Property Securities 12
(Ancillary Provisions) Act 2010 13
`577 Effect of regulation amendment 14
`The amendment of the Transport Infrastructure (Rail) 15
Regulation 2006 by the Personal Property Securities 16
(Ancillary Provisions) Act 2010 does not affect the power of 17
the Governor in Council to further amend the regulation or to 18
repeal it.'. 19
Part 57 Amendment of Transport 20
Infrastructure (Rail) Regulation 21
2006 22
220 Regulation amended 23
This part amends the Transport Infrastructure (Rail) 24
Regulation 2006. 25
Page 102
Personal Property Securities (Ancillary Provisions) Bill 2010
Chapter 4 Other legislation
Part 58 Amendment of Transport Operations (Marine Safety) Act 1994
[s 221]
221 Amendment of s 23 (Disposing of property) 1
(1) Section 23(3)(c)-- 2
renumber as section 23(3)(d). 3
(2) Section 23(3)-- 4
insert-- 5
`(c) if there is an amount owing to an entity under a security 6
interest registered for the property under the Personal 7
Property Securities Act 2009 (Cwlth)--in payment of 8
the amount owing under the security interest;'. 9
Part 58 Amendment of Transport 10
Operations (Marine Safety) Act 11
1994 12
222 Act amended 13
This part amends the Transport Operations (Marine Safety) 14
Act 1994. 15
223 Amendment of s 175A (Removing abandoned property) 16
(1) Section 175A-- 17
insert-- 18
`(7A) A secured party can not enforce any security interest in the 19
proceeds of sale against an entity to whom an amount is 20
payable under subsection (7)(a) or (b).'. 21
(2) Section 175A(8)-- 22
insert-- 23
`secured party has the meaning given by the Personal 24
Property Securities Act 2009 (Cwlth), section 10. 25
Page 103
Personal Property Securities (Ancillary Provisions) Bill 2010
Chapter 4 Other legislation
Part 59 Amendment of Transport Operations (Road Use Management) Act 1995
[s 224]
security interest has the meaning given by the Personal 1
Property Securities Act 2009 (Cwlth), section 12.'. 2
Part 59 Amendment of Transport 3
Operations (Road Use 4
Management) Act 1995 5
224 Act amended 6
This part amends the Transport Operations (Road Use 7
Management) Act 1995. 8
225 Amendment of s 46A (Seizing certain vehicles for sale) 9
(1) Section 46A(7), `as follows'-- 10
omit, insert-- 11
`in the following order'. 12
(2) Section 46A(7)(a), `firstly,'-- 13
omit. 14
(3) Section 46A(7)(b), `secondly,'-- 15
omit. 16
(4) Section 46A(7)(c), `thirdly,'-- 17
omit. 18
(5) Section 46A(7)(c), as amended-- 19
renumber as section 46A(7)(d). 20
(6) Section 46A(7)-- 21
insert-- 22
`(c) if there is an amount owing to an entity under a security 23
interest registered for the vehicle under the Personal 24
Page 104
Personal Property Securities (Ancillary Provisions) Bill 2010
Chapter 4 Other legislation
Part 59 Amendment of Transport Operations (Road Use Management) Act 1995
[s 226]
Property Securities Act 2009 (Cwlth)--in payment of 1
the amount owing under the security interest;'. 2
(7) Section 46A-- 3
insert-- 4
`(7A) A secured party can not enforce any security interest in the 5
proceeds of sale against an entity to whom an amount is 6
payable under subsection (7)(a) or (b).'. 7
(8) Section 46A-- 8
insert-- 9
`(10) In this section-- 10
secured party has the meaning given by the Personal Property 11
Securities Act 2009 (Cwlth), section 10.'. 12
226 Amendment of s 51L (Disposing of removed thing) 13
(1) Section 51L(4)(c)-- 14
omit, insert-- 15
`(c) if there is an amount owing to an entity under a security 16
interest registered for the removed thing under the 17
Personal Property Securities Act 2009 (Cwlth)--the 18
amount owing under the security interest; 19
(d) the balance to the owner of the removed thing or, if the 20
owner can not be found, to the consolidated fund.'. 21
(2) Section 51L-- 22
insert-- 23
`(4A) A secured party can not enforce any security interest in the 24
proceeds of sale against an entity to whom an amount is 25
payable under subsection (4)(a) or (b).'. 26
(3) Section 51L(8)-- 27
insert-- 28
Page 105
Personal Property Securities (Ancillary Provisions) Bill 2010
Chapter 4 Other legislation
Part 59 Amendment of Transport Operations (Road Use Management) Act 1995
[s 227]
`secured party has the meaning given by the Personal 1
Property Securities Act 2009 (Cwlth), section 10.'. 2
227 Amendment of s 100 (Removal of things from roads) 3
(1) Section 100(7), `as follows'-- 4
omit, insert-- 5
`in the following order'. 6
(2) Section 100(7)(a), `firstly,'-- 7
omit. 8
(3) Section 100(7)(b), `secondly,'-- 9
omit. 10
(4) Section 100(7)(c), `thirdly,'-- 11
omit. 12
(5) Section 100(7)(c), as amended-- 13
renumber as section 100(7)(d). 14
(6) Section 100(7)-- 15
insert-- 16
`(c) if there is an amount owing to an entity under a security 17
interest registered for the vehicle, tram or animal under 18
the Personal Property Securities Act 2009 (Cwlth)--the 19
amount owing under the security interest;'. 20
(7) Section 100-- 21
insert-- 22
`(7A) A secured party can not enforce any security interest in the 23
proceeds of sale against an entity to whom an amount is 24
payable under subsection (7)(a) or (b).'. 25
(8) Section 100(15)-- 26
insert-- 27
Page 106
Personal Property Securities (Ancillary Provisions) Bill 2010
Chapter 4 Other legislation
Department of Treasury
[s 228]
`secured party has the meaning given by the Personal 1
Property Securities Act 2009 (Cwlth), section 10.'. 2
228 Amendment of s 135 (Unlawfully interfering with, or 3
detaining, vehicles etc.) 4
Section 135(8), definition security interest-- 5
omit, insert-- 6
`security interest has the meaning given by the Personal 7
Property Securities Act 2009 (Cwlth), section 12.'. 8
Department of Treasury 9
Part 60 Amendment of Financial 10
Intermediaries Act 1996 11
229 Act amended 12
This part amends the Financial Intermediaries Act 1996. 13
230 Amendment of s 97C (Application of Corporations 14
legislation in relation to certain matters) 15
(1) Section 97C(1), first dot point-- 16
omit. 17
(2) Section 97C(3), `chapter 2K and'-- 18
omit. 19
© State of Queensland 2010
Page 107
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