Personal Property Securities Act
Australia
Personal Property Securities Act 2009 Act No. 130 of 2009 as amended This compilation was prepared on 31 May 2011 taking into account amendments up to Act No. 35 of 2011 As of 15/11/2011 Australia
Personal Property Securities Act
Act No. 130 of 2009 as amended
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Act No. 130 of 2009 as amended
This compilation was prepared on 31 May 2011
taking into account amendments up to Act No. 35 of 2011
The text of any of those amendments not in force on that date is appended in the Notes section
The operation of amendments that have been incorporated may be affected by application provisions that are set out in the Notes section
Prepared by the Office of Legislative Drafting and Publishing, Attorney-General’s Department, Canberra
An Act relating to personal property securities, and for related purposes
Chapter 1
Introduction
Part 1.1
Preliminary
1 Short title [see Note 1]
This Act may be cited as the Personal Property Securities Act 2009.
2 Commencement [see Note 1]
This Act commences on the day after it receives the Royal Assent.
3 Guide to this Act
This Act is a law about security interests in personal property.
A security interest is an interest in personal property provided for by a transaction that secures payment or the performance of an obligation. The form of the transaction and the identity of the person who has title to the property do not affect whether an interest is a security interest.
Personal property includes many different kinds of tangible and intangible property, other than real property. Examples include motor vehicles, household goods, business inventory, intellectual property and company shares. Personal property is known as collateral if it is (or is anticipated to be) the subject of a security interest.
A security interest is enforceable against a grantor when it attaches to collateral. A security interest attaches to collateral when a person gives value for acquiring the security interest (or does something else to acquire it), and in return, the person gains rights in the collateral.
A security interest is enforceable against third parties when it has attached to the collateral and either the secured party has possession or control of the collateral, or a security agreement covers the collateral.
If a security interest in collateral is perfected, it takes priority over another security interest that is unperfected when the security interest comes to be enforced. A security interest is perfected if:
(a) it has attached to collateral; and
(b) it is enforceable against third parties; and
(c) certain extra steps (possession or control of the collateral, or registration on the Register of Personal Property Securities) have been taken to protect the interest.
Certain security interests are also declared to be temporarily perfected, or perfected, under this Act.
The secured party whose security interest has the highest priority is entitled to enforce that interest ahead of secured parties with security interests that have a lower priority.
Between perfected security interests, perfection by control has a higher priority than other forms of perfection. The next level of priority is given (subject to certain rules) to perfected purchase money security interests. If no other way of working out priority between perfected interests is provided, the highest priority is given to the security interest that has been continuously perfected for the longest period.
The Register of Personal Property Securities enables secured parties to give notice of actual or prospective security interests. Notice is given by the recording of data about secured parties, grantors and collateral. The register may be kept electronically, for example in a form that is interactive and accessible over the internet.
Chapter 1 deals with some preliminary matters, including the general application of the Act (Part 1.2) and its interpretation (Part 1.3).
Chapter 2 sets out general rules relating to security interests. These include the following:
(a)