Devine and Registrar of Personal Property Securities

This matter concerned an application by Captain Devine and Mr Schoch for review of a decision by the Registrar of Personal Property Securities. The applicants sought to challenge the Registrar's proposed amendment of the Personal Property Securities Register, alleging improper conduct by other authorities. The decision was made by Deputy President Bernard J McCabe of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the Registrar had acted within his powers under the Personal Property Securities Act 2009 (Cth) (PPSA) in proposing to amend the register. Specifically, the Tribunal had to consider if it possessed jurisdiction to grant the further relief sought by the applicants, beyond the proposed amendments.

Deputy President McCabe noted that while the applicants expressed a strong sense of grievance regarding the conduct of other authorities, they were unable to identify any provision within the PPSA that would empower the Registrar or the Tribunal to make the additional orders they requested. The Tribunal's jurisdiction is confined by its empowering legislation. Consequently, the Tribunal determined it could not grant the extensive relief sought by the applicants.

The Tribunal set aside the reviewable decision and substituted its own decision. It ordered that the Registrar should not amend the register in accordance with section 181 of the PPSA.