Personal Property Securities (Consequential Repeals and Amendments) Act 2011 (WA)

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Western Australia

Personal Property Securities (Consequential

Repeals and Amendments) Act 2011

Western Australia

Personal Property Securities (Consequential

Repeals and Amendments) Act 2011

(No. 42 of 2011)

CONTENTS

Part 1 — Preliminary

1.

Short title

2

2.

Commencement

2

Part 2 — Agriculture and Food

Division 1 — Bulk Handling Act 1967 amended

3.

Act amended

3

4.

Section 34D amended

3

5.

Section 35 amended

3

6.

Section 51 amended

3

Division 2 — Marketing of Potatoes Act 1946

amended

7.

Act amended

4

8.

Section 31 amended

4

Part 3 — Attorney General

Division 1 — Criminal Property Confiscation

Act 2000 amended

9.

Act amended

5

10.

Section 10 amended

5

11.

Section 31 amended

5

12.

Section 36 amended

5

Personal Property Securities (Consequential Repeals and Amendments)

Act 2011

Contents

13.

Section 39 amended

5

14.

Section 46 amended

6

15.

Section 125 amended

6

16.

Section 127 amended

6

Division 2 — Fines, Penalties and Infringement

Notices Enforcement Act 1994 amended

17.

Act amended

7

18.

Section 96 amended

7

19.

Section 99 amended

8

Division 3 — Property Law Act 1969 amended

20.

Act amended

8

21.

Section 6 replaced

8

6.

Application of this Act to certain Acts

8

Division 4 — Public Trustee Act 1941 amended

22.

Act amended

8

23.

Section 63 amended

8

Division 5 — Trustees Act 1962 amended

24.

Act amended

9

25.

Section 72 amended

9

Division 6 — Warehousemen’s Liens Act 1952

amended

26.

Act amended

9

27.

Section 4 amended

9

28.

Section 6 amended

10

29.

Section 7 amended

11

Part 4 — Commerce

Division 1 — Bills of Sale Act 1899 amended

and repealed

30.

Act amended

12

31.

Part IIA inserted

12

Part IIA — Cessation of registration

6A.

Early cessation of registration function

12

32.

Bills of Sale Act 1899 and regulations repealed

13

Division 2 — Chattel Securities Act 1987

amended

33.

Act amended

13

34.

Part IIA inserted

13

Personal Property Securities (Consequential Repeals and Amendments)

Act 2011

Contents

Part IIA — Act ceases to have effect except as

otherwise provided

3B.

Terms used

13

3C.

Effect of Act at and after registration

commencement time

14

3D.

Refusal to exercise registration functions

14

3E.

Show cause proceedings under s. 22

15

3F.

Details of entry

15

3G.

Act to expire

15

Division 3 — Companies (Co-operative) Act 1943

amended

35.

Act amended

16

36.

Section 3 amended

16

Division 4 — Co-operatives Act 2009 amended

37.

Act amended

16

38.

Section 44 amended

16

39.

Section 230 amended

16

40.

Section 267 amended

16

41.

Section 337 amended

17

42.

Section 454 amended

17

43.

Section 457 amended

18

44.

Schedule 3 Division 2A inserted

18

Division 2A — Schedule ceases to have effect

except as otherwise provided

4A.

Terms used

18

4B.

Effect of Schedule at and after registration

commencement time

19

4C.

Refusal to exercise registration functions

19

4D.

Priority between registrable charges

19

Division 5 — Growers Charge Act 1940 amended

45.

Act amended

20

46.

Long title amended

20

47.

Section 2 amended

20

48.

Section 3 amended

20

49.

Section 6 amended

21

50.

Section 7 amended

21

Division 6 — Hire-Purchase Act 1959 amended

51.

Act amended

22

52.

Section 3 amended

22

53.

Section 9 amended

22

54.

Section 36A amended

22

55.

First Schedule Part 1 amended

22

Personal Property Securities (Consequential Repeals and Amendments)

Act 2011

Contents

Division 7 — Motor Vehicle Dealers Act 1973

amended

56.

Act amended

23

57.

Section 32A amended

23

Division 8 — Settlement Agents Act 1981

amended

58.

Act amended

23

59.

Schedule 2 amended

23

Part 5 — Energy

Division 1 — Electricity Industry Act 2004

amended

60.

Act amended

24

61.

Section 131A inserted

24

131A.

Licence not personal property for the

purposes of the Personal Property

Securities Act 2009 (Commonwealth)

24

Division 2 — Energy Coordination Act 1994

amended

62.

Act amended

24

63.

Section 26A inserted

24

26A.

Licence not personal property for the

purposes of the Personal Property

Securities Act 2009 (Commonwealth)

24

Part 6 — Environment

Division 1 — Conservation and Land

Management Act 1984 amended

64.

Act amended

26

65.

Section 88 amended

26

66.

Section 97A amended

26

67.

Section 99A amended

27

68.

Section 101 amended

27

Division 2 — Swan and Canning Rivers

Management Act 2006 amended

69.

Act amended

27

70.

Section 32 amended

28

Division 3 — Wildlife Conservation Act 1950

amended

71.

Act amended

28

Personal Property Securities (Consequential Repeals and Amendments)

Act 2011

Contents

72.

Section 15 amended

28

Part 7 — Fisheries

Division 1 — Fish Resources Management

Act 1994 amended

73.

Act amended

29

74.

Section 66 amended

29

75.

Section 83 amended

29

76.

Section 92 amended

29

Division 2 — Pearling Act 1990 amended

77.

Act amended

30

78.

Section 23 amended

30

Part 8 — Lands

Division 1 — Land Administration Act 1997

amended

79.

Act amended

31

80.

Section 48 amended

31

81.

Section 91 amended

31

Part 9 — Mines and Petroleum

Division 1 — Mining Act 1978 amended

82.

Act amended

32

83.

Section 162A inserted

32

162A.

Certain things are not personal property

for the purposes of the Personal Property

Securities Act 2009 (Commonwealth)

32

Division 2 — Offshore Minerals Act 2003

amended

84.

Act amended

33

85.

Section 443A inserted

33

443A.

Certain things are not personal property

for the purposes of the Personal Property

Securities Act 2009 (Commonwealth)

33

Division 3 — Petroleum and Geothermal Energy

Resources Act 1967 amended

86.

Act amended

33

87.

Section 152 inserted

34

Personal Property Securities (Consequential Repeals and Amendments)

Act 2011

Contents

152.           Certain things are not personal property

for the purposes of the Personal Property

Securities Act 2009 (Commonwealth)

34

Division 4 — Petroleum Pipelines Act 1969

amended

88.

Act amended

34

89.

Section 66E inserted

34

66E.

Licences under section 10 are not

personal property for the purposes of the

Personal Property Securities Act 2009

(Commonwealth)

34

Division 5 — Petroleum (Submerged Lands)

Act 1982 amended

90.

Act amended

35

91.

Section 152I inserted

35

152I.

Certain things are not personal property

for the purposes of the Personal Property

Securities Act 2009 (Commonwealth)

35

Part 10 — Premier

Division 1 — Gold Corporation Act 1987

amended

92.

Act amended

36

93.

Section 67 amended

36

Part 11 — Racing and Gaming

Division 1 — Liquor Control Act 1988 amended

94.

Act amended

37

95.

Section 30A amended

37

Division 2 — The Western Australian Turf Club

Act 1892 amended

96.

Act amended

37

97.

Section 30 amended

37

Part 12 — Transport

Division 1 — Jetties Act 1926 amended

98.

Act amended

38

99.

Section 8A amended

38

Personal Property Securities (Consequential Repeals and Amendments)

Act 2011

Contents

Division 2 — Perth Parking Management

Act 1999 amended

100.

Act amended

39

101.

Section 9 amended

39

Division 3 — Road Traffic Act 1974 amended

102.

Act amended

39

103.

Section 15A inserted

39

15A.

Disclosure of information for the purposes

of the Personal Property Securities

Act 2009 (Commonwealth)

39

Division 4 — Shipping and Pilotage Act 1967

amended

104.

Act amended

40

105.

Section 5 amended

40

Division 5 — Taxi Act 1994 amended

106.

Act amended

40

107.

Section 16 amended

40

Division 6 — Transport Co-ordination Act 1966

amended

108.

Act amended

41

109.

Section 20 amended

41

110.

Section 47ZD amended

41

Division 7 — Western Australian Marine

Act 1982 amended

111.

Act amended

41

112.

Section 71 amended

42

Division 8 — Western Australian Marine (Sea

Dumping) Act 1981 amended

113.

Act amended

43

114.

Section 12 amended

43

Part 13 — Water

Division 1 — Country Areas Water Supply

Act 1947 amended

115.

Act amended

44

116.

Section 81 amended

44

Personal Property Securities (Consequential Repeals and Amendments)

Act 2011

Contents

Division 2 — Country Towns Sewerage Act 1948

amended

117.

Act amended

44

118.

Section 79 amended

44

Division 3 — Metropolitan Water Supply,

Sewerage, and Drainage Act 1909

amended

119.

Act amended

45

120.

Section 109 amended

45

Division 4 — Water Services Licensing Act 1995

amended

121.

Act amended

45

122.

Section 60C inserted

46

60C.

Operating licence (water supply services) is not personal property for the purposes of the Personal Property Securities

Act 2009 (Commonwealth)

46

Western Australia

Personal Property Securities (Consequential

Repeals and Amendments) Act 2011

No. 42 of 2011

An Act to repeal or amend various Acts as a result of the reform of the law relating to personal property securities by the Personal Property Securities Act 2009 (Commonwealth), and for related purposes.

[Assented to 4 October 2011]

The Parliament of Western Australia enacts as follows:

Personal Property Securities (Consequential Repeals and

Amendments) Act 2011

Part 1

Preliminary

s. 1

Part 1 — Preliminary

1.             Short title

This is the Personal Property Securities (Consequential Repeals

and Amendments) Act 2011.

2.             Commencement

This Act comes into operation as follows —

(a)

sections 1 and 2 — on the day on which this Act receives the Royal Assent;

(b)

sections 30, 31, 33, 34 and 44 — on the day after the day on which this Act receives the Royal Assent;

(c)

the rest of the Act — immediately before the registration Property Securities Act 2009 (Commonwealth) section 306(2).

Personal Property Securities (Consequential Repeals and Amendments)

Act 2011

Agriculture and Food

Part 2

Bulk Handling Act 1967 amended

Division 1

s. 3

Part 2 — Agriculture and Food

Division 1 — Bulk Handling Act 1967 amended

3.             Act amended

This Division amends the Bulk Handling Act 1967.

4.             Section 34D amended

After section 34D(3) insert:

(4)

In accordance with the Personal Property Securities

Act 2009 (Commonwealth) section 73(2)(a), it is

declared that section 73(2) of that Act applies to a

charge created under subsection (2)(b).

5.             Section 35 amended

After section 35(1) insert:

(2A)

In accordance with the Personal Property Securities

Act 2009 (Commonwealth) section 73(2)(a), it is

declared that section 73(2) of that Act applies to a lien

created under subsection (1).

6.             Section 51 amended

After section 51(2) insert:

(3)

In accordance with the Personal Property Securities

Act 2009 (Commonwealth) section 73(2)(a), it is

declared that section 73(2) of that Act applies to a

charge created under subsection (1)(a) or (aa).

Personal Property Securities (Consequential Repeals and

Amendments) Act 2011

Part 2

Agriculture and Food

Division 2

Marketing of Potatoes Act 1946 amended

s. 7

Division 2 — Marketing of Potatoes Act 1946 amended

7.             Act amended

This Division amends the Marketing of Potatoes Act 1946.

8.             Section 31 amended

In section 31 delete “The Corporation” and insert:

Subject to the Personal Property Securities Act 2009

(Commonwealth), the Corporation

Personal Property Securities (Consequential Repeals and Amendments)

Act 2011

Attorney General

Part 3

Criminal Property Confiscation Act 2000 amended

Division 1

s. 9

Part 3 — Attorney General

Division 1 — Criminal Property Confiscation Act 2000 amended

9.             Act amended

This Division amends the Criminal Property Confiscation

Act 2000.

10.           Section 10 amended

In section 10(2) after “registerable under” insert:

the Personal Property Securities Act 2009 (Commonwealth) or

11.           Section 31 amended

In section 31(2) after “registrable under” insert:

the Personal Property Securities Act 2009 (Commonwealth) or

12.           Section 36 amended

In section 36(3) after “registrable under” insert:

the Personal Property Securities Act 2009 (Commonwealth) or

13.           Section 39 amended

In section 39(5) after “registrable under” insert:

the Personal Property Securities Act 2009 (Commonwealth) or

Personal Property Securities (Consequential Repeals and

Amendments) Act 2011

Part 3

Attorney General

Division 1

Criminal Property Confiscation Act 2000 amended

s. 14

14.           Section 46 amended

In section 46(3) after “registrable under” insert:

the Personal Property Securities Act 2009 (Commonwealth) or

15.           Section 125 amended

(1)

In section 125 delete “A charge” and insert:

(1) A charge

(2)

At the end of section 125 insert:

(2)

In accordance with the Personal Property Securities

Act 2009 (Commonwealth) section 73(2)(a), it is

declared that section 73(2) of that Act applies to a

charge created on property under section 123(1).

16.           Section 127 amended

(1)

In section 127(1):

(a)

after “land under” insert:

the Personal Property Securities Act 2009

(Commonwealth) or

(b)

after “accordance with” insert:

that Act or

Personal Property Securities (Consequential Repeals and Amendments)

Act 2011

Attorney General

Part 3

Fines, Penalties and Infringement Notices Enforcement Act

Division 2

1994 amended

s. 17

(2)

In section 127(3):

(a)

after “memorial in accordance with” insert:

the Personal Property Securities Act 2009

(Commonwealth) or

(b)

after “accordance with” insert:

that Act or

Division 2 — Fines, Penalties and Infringement Notices

Enforcement Act 1994 amended

17.           Act amended

This Division amends the Fines, Penalties and Infringement

Notices Enforcement Act 1994.

18.           Section 96 amended

In section 96(3)(c) delete “Bills of Sale Act 1899, the Chattel

Securities Act 1987, the Transfer of Land Act 1893, the

Registration of Deeds Act 1856, or the Corporations Act 2001

of the Commonwealth,” and insert:

Personal Properties Securities Act 2009 (Commonwealth), the Transfer of Land Act 1893, the Registration of Deeds Act 1856 or

the Corporations Act 2001 (Commonwealth),

Personal Property Securities (Consequential Repeals and

Amendments) Act 2011

Part 3

Attorney General

Division 3

Property Law Act 1969 amended

s. 19

19.           Section 99 amended

In section 99 delete “the Bills of Sale Act 1899, the Chattel

Securities Act 1987, the Transfer of Land Act 1893,”and insert:

the Transfer of Land Act 1893

Division 3 — Property Law Act 1969 amended

20.           Act amended

This Division amends the Property Law Act 1969.

21.           Section 6 replaced

Delete section 6 and insert:

6.             Application of this Act to certain Acts

Except as in this Act expressly provided, this Act so far

as inconsistent with the Transfer of Land Act 1893, or

the Strata Titles Act 1985, does not apply to land that is

under the provisions of either of those Acts.

Division 4 — Public Trustee Act 1941 amended

22.           Act amended

This Division amends the Public Trustee Act 1941.

23.           Section 63 amended

(1)

In section 63:

(a)

delete “Where” and insert:

(1) Where

Personal Property Securities (Consequential Repeals and Amendments)

Act 2011

Attorney General

Part 3

Trustees Act 1962 amended

Division 5

s. 24

(b)

delete “thereon.” and insert:

thereon in priority to all other claims upon the policy

moneys.

(2)

At the end of section 63 insert:

(2)

In accordance with the Personal Property Securities

Act 2009 (Commonwealth) section 73(2)(a), it is

declared that section 73(2) of that Act applies to a lien

created under subsection (1).

Division 5 — Trustees Act 1962 amended

24.           Act amended

This Division amends the Trustees Act 1962.

25.           Section 72 amended

Delete section 72(3).

Division 6 — Warehousemen’s Liens Act 1952 amended

26.           Act amended

This Division amends the Warehousemen’s Liens Act 1952.

27.           Section 4 amended

(1)

In section 4 delete “Subject to” and insert:

(1) Subject to

Personal Property Securities (Consequential Repeals and

Amendments) Act 2011

Part 3

Attorney General

Division 6

Warehousemen’s Liens Act 1952 amended

s. 28

(2)

In section 4(1) delete “for storage.” and insert:

for storage in priority to all other claims on the goods.

(3)

At the end of section 4 insert:

(2)

In accordance with the Personal Property Securities

Act 2009 (Commonwealth) section 73(2)(a), it is

declared that section 73(2) of that Act applies to a lien

arising under subsection (1).

28.           Section 6 amended

Delete section 6(1) and insert:

(1)

The warehouseman must, within 3 months after the

date of the deposit of goods with the warehouseman,

give notice of the lien on the goods to a person if —

(a)

the goods are of, or greater than, the value prescribed under the Criminal and Found Property Disposal Act 2006 section 33(1)(a);

and

(b)

one of the following applies —

(i)

relation to which a registration was

made under the Personal Property

the person has an interest in the goods in before the deposit of the goods and the registration is in effect;

(ii)      the person has an interest in the goods that the warehouseman is aware of at any time before the expiration of

2 months after the deposit of the goods.

Personal Property Securities (Consequential Repeals and Amendments)

Act 2011

Attorney General

Part 3

Warehousemen’s Liens Act 1952 amended

Division 6

s. 29

29.           Section 7 amended

Delete section 7(2)(c).

Personal Property Securities (Consequential Repeals and

Amendments) Act 2011

Part 4

Commerce

Division 1

Bills of Sale Act 1899 amended and repealed

s. 30

Part 4 — Commerce

Division 1 — Bills of Sale Act 1899 amended and repealed

30.           Act amended

This Division amends the Bills of Sale Act 1899.

31.           Part IIA inserted

After section 5 insert:

Part IIA — Cessation of registration

6A.

Early cessation of registration function

(1)

In this section —

migration time has the meaning given in the Personal

Property Securities Act 2009 (Commonwealth)

section 306(1);

pre-PPS transition period means the period —

(a)

commencing at the migration time or such earlier time as may be prescribed by the regulations; and

(b)

ending at the registration commencement time;

registration commencement time has the meaning given in the Personal Property Securities Act 2009 (Commonwealth) section 306(2);

registration function means any function conferred or

imposed on the Registrar under the Bills of Sale

Act 1899 relating to the registration of a Bill of Sale.

(2)

The Registrar may refuse to exercise a registration

function during the pre-PPS transitional period.

(3)

Without limiting subsection (2), the Registrar may refuse to exercise a registration function during the

Personal Property Securities (Consequential Repeals and Amendments)

Act 2011

Commerce

Part 4

Chattel Securities Act 1987 amended

Division 2

s. 32

pre-PPS transitional period in relation to a matter that was not finally determined or concluded immediately before the commencement of that period.

32. Bills of Sale Act 1899 and regulations repealed

(1)

The Bills of Sale Act 1899 is repealed.

(2)

These regulations are repealed:

(a)

the Bills of Sale (Fees) Regulations 1983;

(b)

the Bills of Sale Regulations 2001.

Division 2 — Chattel Securities Act 1987 amended

33.           Act amended

This Division amends the Chattel Securities Act 1987.

34.           Part IIA inserted

After section 3A insert:

Part IIA — Act ceases to have effect except as

otherwise provided

3B.

Terms used

In this Part —

migration time has the meaning given in the Personal

Property Securities Act 2009 (Commonwealth)

section 306(1);

pre-PPS transition period means the period —

(a)

commencing at the migration time or such earlier time as may be prescribed by the regulations; and

(b)

ending at the registration commencement time;

Personal Property Securities (Consequential Repeals and

Amendments) Act 2011

Part 4

Commerce

Division 2

Chattel Securities Act 1987 amended

s. 34

Registrar has the meaning given in the Personal

Property Securities Act 2009 (Commonwealth)

section 10;

registration commencement time has the meaning given in the Personal Property Securities Act 2009 (Commonwealth) section 306(2);

registration function means any function conferred or

imposed on the Commissioner under Part III.

3C.

Effect of Act at and after registration

commencement time

(1)

Subject to section 3D, this Act, other than the

following provisions, has no effect at and after the

registration commencement time —

(a)

sections 3A, 22, 23, 24, 25, 26, 29, 30A, 30B, 30C, 30D and 31;

(b)

any other provision of this Act (a related provision) that is referred to in provision listed in paragraph (a) (a primary provision) to the extent necessary for the purposes of the continued operation of the primary provision;

(c)

any power to make regulations in respect of a matter that is conferred by the primary provision or a related provision.

(2)

Section 23 has no effect on and after the day after the

end of the period of 7 years beginning at the

registration commencement time.

3D.

Refusal to exercise registration functions

(1)

Subject to section 3E, the Commissioner may refuse to

exercise a registration function during the pre-PPS

transitional period.

(2)

Without limiting subsection (1), the Commissioner

may refuse to exercise a registration function during

Personal Property Securities (Consequential Repeals and Amendments)

Act 2011

Commerce

Part 4

Chattel Securities Act 1987 amended

Division 2

s. 34

the pre-PPS transitional period in relation to a matter

that was not finally determined or concluded

immediately before the commencement of that period.

(3)

After the end of the pre-PPS transitional period the

Commissioner is not to exercise a registration function

under section 15, 19, 20, 21 or 22.

3E.

Show cause proceedings under s. 22

If the Commissioner —

(a)

has given a person a notice under section 22(1) and that notice is in force immediately before the registration commencement time; and

(b)

would have cancelled the registration of the person under section 22(2) had he or she been able to exercise that registration function after the end of the pre-PPS transition period,

the Commissioner may provide the Registrar with a

written notice stating the registration of the person

would have been so cancelled.

3F.

Details of entry

At and after the registration commencement time, the Commissioner may, instead of providing a certificate under section 23(3), respond to an application made in

accordance with section 23 by providing the applicant

with an extract from the register.

3G.

Act to expire

(1)

When the Minister is satisfied that there is no reason

for this Act to continue, the Minister is to publish a

notice in the Gazette stating that the Minister is

satisfied as to that matter, and that the Act expires at

the end of the day on which the notice is published.

Personal Property Securities (Consequential Repeals and

Amendments) Act 2011

Part 4

Commerce

Division 3

Companies (Co-operative) Act 1943 amended

s. 35

(2)

This Act expires as stated in a notice published under

subsection (1).

Division 3 — Companies (Co-operative) Act 1943 amended

35.           Act amended

This Division amends the Companies (Co-operative) Act 1943.

36.           Section 3 amended

In section 3 in the definition of Charge paragraph (c) delete

“registration or would be registrable as a bill of sale;” and

insert:

registration;

Division 4 — Co-operatives Act 2009 amended

37.           Act amended

This Division amends the Co-operatives Act 2009.

38.           Section 44 amended

Delete section 44(2).

39.           Section 230 amended

Delete section 230(1)(f).

40.           Section 267 amended

In section 267:

(a)

in paragraph (b) delete “the Mining Act 1978; or” and insert:

the Mining Act 1978.

(b)

delete paragraph (c).

Personal Property Securities (Consequential Repeals and Amendments)

Act 2011

Commerce

Part 4

Co-operatives Act 2009 amended

Division 4

s. 41

41.           Section 337 amended

(1)

In section 337 delete “A co-operative” and insert:

(1)

Subject to subsection (2), a co-operative

(2)

At the end of section 337 insert:

(2)

If the Registrar gives a certificate under section 314 for

the winding-up of a co-operative, a co-operative is

declared to be an applied Corporations legislation

matter for the purposes of the Corporations (Ancillary

Provisions) Act 2001 Part 3 in relation to the

Corporations Act sections 588FL and 588FM, subject

to the following modifications —

(a)

those sections are to be read as if a co-operative were a company;

(b)

any other modifications (within the meaning of Act 2001 Part 3) that are prescribed by the regulations.

42.           Section 454 amended

After section 454(2) insert:

(3)

The obligation to keep the Register of Co-operative

Charges established under Schedule 3 clause 18 ceases

on the day after the end of the period of 7 years

beginning at the registration commencement time as

defined in Schedule 3 clause 4A.

Personal Property Securities (Consequential Repeals and

Amendments) Act 2011

Part 4

Commerce

Division 4

Co-operatives Act 2009 amended

s. 43

43.           Section 457 amended

After section 457(3) insert:

(4)

On and after the day after the end of the period of

7 years beginning at the registration commencement

time as defined in Schedule 3 clause 4A, this section

has no effect in relation to the Register of Co-operative

Charges referred to in clause 18 of that Schedule.

44.           Schedule 3 Division 2A inserted

After Schedule 3 clause 3 insert:

Division 2A — Schedule ceases to have effect except as

otherwise provided

4A.

Terms used

In this Division —

migration time has the meaning given in the Personal

Property Securities Act 2009 (Commonwealth)

section 306(1);

pre-PPS transition period means the period —

(a)

commencing at the migration time or such earlier time as may be prescribed by the regulations; and

(b)

ending at the registration commencement time;

registrable charge means a charge created before the

registration commencement time that was a registrable

charge as defined in clause 1 when it was created;

registration commencement time has the meaning given in

the Personal Property Securities Act 2009 (Commonwealth)

section 306(2);

registration function means any function conferred or

imposed on the Registrar under this Schedule.

Personal Property Securities (Consequential Repeals and Amendments)

Act 2011

Commerce

Part 4

Co-operatives Act 2009 amended

Division 4

s. 44

4B.

Effect of Schedule at and after registration

commencement time

(1)

Subject to subclause (2) and clause 4D, this Schedule has no

effect at and after the registration commencement time.

(2)

If a registrable charge is void immediately before the

registration commencement time or becomes void at or after

that time, the Supreme Court may declare the charge not to

be, and never to have been void if —

(a)

an application has been made to the Supreme Court under clause 29 before the registration commencement time or is made at or after that time in accordance with clause 29; and

(b)

the Supreme Court is satisfied as to the matters referred to in clause 29(a) or (b).

4C.

Refusal to exercise registration functions

(1)

The Registrar may refuse to exercise a registration function

during the pre-PPS transitional period.

(2)

Without limiting subclause (1), the Registrar may refuse to

exercise a registration function during the pre-PPS

transitional period in relation to a matter that was not finally

determined or concluded immediately before the

commencement of that period.

(3)

After the end of the pre-PPS transitional period the

Commissioner is not to exercise a registration function.

4D.

Priority between registrable charges

Subject to the Personal Property Securities Act 2009

(Commonwealth) Chapter 9, at and after the registration

commencement time, registrable charges have the priority

between themselves that they would have had under this Act

as in effect immediately before the registration

commencement time.

Personal Property Securities (Consequential Repeals and

Amendments) Act 2011

Part 4

Commerce

Division 5

Growers Charge Act 1940 amended

s. 45

Division 5 — Growers Charge Act 1940 amended

45.           Act amended

This Division amends the Growers Charge Act 1940.

46.           Long title amended

In the long title delete “bill of sale or other security” and

insert:

security agreement

47.           Section 2 amended

(1)

In section 2 delete the definition of bill of sale.

(2)

In section 2 insert in alphabetical order:

secured party has the meaning given in the Personal

Property Securities Act 2009 (Commonwealth)

section 10;

security agreement has the meaning given in the

Personal Property Securities Act 2009

(Commonwealth) section 10;

(3)

In section 2 in the definition of crops delete “grain.” and insert:

grain;

48.           Section 3 amended

(1)

In section 3:

(a)

delete “Whenever crops” and insert:

(1) Whenever crops

Personal Property Securities (Consequential Repeals and Amendments)

Act 2011

Commerce

Part 4

Growers Charge Act 1940 amended

Division 5

s. 49

(b)

delete “bill of sale then,” and insert:

security agreement then,

(c)

delete “bill of sale.” (first and second occurrence) and insert:

security agreement.

(2)

At the end of section 3 insert:

(2)

In accordance with the Personal Property Securities

Act 2009 (Commonwealth) section 73(2)(a), it is

declared that section 73(2) of that Act applies to a

charge created under subsection (1).

49.           Section 6 amended

In section 6(b):

(a)

delete “grantee of a bill of sale” and insert:

secured party

(b)

delete “grantee,” and insert:

secured party,

50.           Section 7 amended

In section 7(d):

(a)

delete “holders of bills of sale” and insert:

a secured party

Personal Property Securities (Consequential Repeals and

Amendments) Act 2011

Part 4

Commerce

Division 6

Hire-Purchase Act 1959 amended

s. 51

(b)

delete “holders of bills of sale,” and insert:

a secured party,

Division 6 — Hire-Purchase Act 1959 amended

51.           Act amended

This Division amends the Hire-Purchase Act 1959.

52.           Section 3 amended

Delete section 3(2)(e)(vii).

53.           Section 9 amended

In section 9(4)(b) delete “counterparts and if required by the

owner also the reasonable costs incurred by the owner in

registering the same under the Bills of Sale Act 1899.” and

insert:

counterparts.

54.           Section 36A amended

In section 36A(2a)(b) delete “and agreement registration fees”.

55.           First Schedule Part 1 amended

In the First Schedule Part 1 delete:

” Agreement Registration

Fees ...............................

..............

..............

Personal Property Securities (Consequential Repeals and Amendments)

Act 2011

Commerce

Part 4

Motor Vehicle Dealers Act 1973 amended

Division 7

s. 56

Division 7 — Motor Vehicle Dealers Act 1973 amended

56.           Act amended

This Division amends the Motor Vehicle Dealers Act 1973.

57.           Section 32A amended

In section 32A delete the definition of security interest and

insert:

security interest has the meaning given in the Personal

Property Securities Act 2009 (Commonwealth)

section 10;

Division 8 — Settlement Agents Act 1981 amended

58.           Act amended

This Division amends the Settlement Agents Act 1981.

59.           Schedule 2 amended

Delete Schedule 2 clause 2(fa).

Personal Property Securities (Consequential Repeals and

Amendments) Act 2011

Part 5

Energy

Division 1

Electricity Industry Act 2004 amended

s. 60

Part 5 — Energy

Division 1 — Electricity Industry Act 2004 amended

60.           Act amended

This Division amends the Electricity Industry Act 2004.

61.           Section 131A inserted

After section 130 insert:

131A.

Licence not personal property for the purposes of

the Personal Property Securities Act 2009

(Commonwealth)

If a licence is transferable by the licensee, in

accordance with the Personal Property Securities

Act 2009 (Commonwealth) section 10 the definition of

licence paragraph (d), the licence is declared not to be

personal property for the purposes of that Act.

Division 2 — Energy Coordination Act 1994 amended

62.           Act amended

This Division amends the Energy Coordination Act 1994.

63.           Section 26A inserted

After section 25 insert:

26A.

Licence not personal property for the purposes of

the Personal Property Securities Act 2009

(Commonwealth)

If a licence is transferable by the licensee, in

accordance with the Personal Property Securities

Personal Property Securities (Consequential Repeals and Amendments)

Act 2011

Energy

Part 5

Energy Coordination Act 1994 amended

Division 2

s. 63

Act 2009 (Commonwealth) section 10 the definition of licence paragraph (d), the licence is declared not to be personal property for the purposes of that Act.

Personal Property Securities (Consequential Repeals and

Amendments) Act 2011

Part 6

Environment

Division 1

Conservation and Land Management Act 1984 amended

s. 64

Part 6 — Environment

Division 1 — Conservation and Land Management

Act 1984 amended

64.           Act amended

This Division amends the Conservation and Land Management

Act 1984.

65.           Section 88 amended

After section 88(2) insert:

(3)

If a permit or licence granted under subsection (1) to

take forest produce on or from Crown land is

transferable by the permit holder or licensee, in

accordance with the Personal Property Securities

Act 2009 (Commonwealth) section 10 the definition of

licence paragraph (d), the permit or licence is declared

not to be personal property for the purposes of that Act.

66.           Section 97A amended

After section 97A(10) insert:

(11)

If a licence granted under subsection (1) or a permit

granted under subsection (3) is transferable by the

licensee or permit holder, in accordance with the

Personal Property Securities Act 2009

(Commonwealth) section 10 the definition of licence

paragraph (d), the licence or permit is declared not to

be personal property for the purposes of that Act.

Personal Property Securities (Consequential Repeals and Amendments)

Act 2011

Environment

Part 6

Swan and Canning Rivers Management Act 2006 amended

Division 2

s. 67

67.           Section 99A amended

After section 99A(6) insert:

(7)

If a licence granted under subsection (1) is transferable

by the licensee, in accordance with the Personal

Property Securities Act 2009 (Commonwealth)

section 10 the definition of licence paragraph (d), the

licence is declared not to be personal property for the

purposes of that Act.

68.           Section 101 amended

After section 101(5) insert:

(6)

If a licence granted under subsection (1) to enter and

use any land to which this Division applies is

transferable by the licensee, in accordance with the

Personal Property Securities Act 2009

(Commonwealth) section 10 the definition of licence

paragraph (d), the licence is declared not to be personal

property for the purposes of that Act.

Division 2 — Swan and Canning Rivers Management

Act 2006 amended

69.           Act amended

This Division amends the Swan and Canning Rivers

Management Act 2006.

Personal Property Securities (Consequential Repeals and

Amendments) Act 2011

Part 6

Environment

Division 3

Wildlife Conservation Act 1950 amended

s. 70

70.           Section 32 amended

After section 32(7) insert:

(8)

If a licence granted under subsection (1) in respect of

the River reserve is transferable by the licensee, in

accordance with the Personal Property Securities

Act 2009 (Commonwealth) section 10 the definition of

licence paragraph (d), the licence is declared not to be

personal property for the purposes of that Act.

Division 3 — Wildlife Conservation Act 1950 amended

71.           Act amended

This Division amends the Wildlife Conservation Act 1950.

72.           Section 15 amended

After section 15(5) insert:

(6)

If such licences as are prescribed under subsection (1) are transferable by the licensee, in accordance with the Personal Property Securities Act 2009

(Commonwealth) section 10 the definition of licence

paragraph (d), the licences are declared not to be

personal property for the purposes of that Act.

Personal Property Securities (Consequential Repeals and Amendments)

Act 2011

Fisheries

Part 7

Fish Resources Management Act 1994 amended

Division 1

s. 73

Part 7 — Fisheries

Division 1 — Fish Resources Management Act 1994 amended

73.           Act amended

This Division amends the Fish Resources Management

Act 1994.

74.           Section 66 amended

After section 66(4) insert:

(5)

In accordance with the Personal Property Securities

Act 2009 (Commonwealth) section 10 the definition of

licence paragraph (d), an authorisation granted under

subsection (1) is declared not to be personal property

for the purposes of that Act.

75.           Section 83 amended

After section 83(3) insert:

(4)

In accordance with the Personal Property Securities

Act 2009 (Commonwealth) section 10 the definition of

licence paragraph (d), a fish processor’s licence

granted under subsection (1) is declared not to be

personal property for the purposes of that Act.

76.           Section 92 amended

After section 92(6) insert:

(7)

In accordance with the Personal Property Securities

Act 2009 (Commonwealth) section 10 the definition of

licence paragraph (d), an aquaculture licence granted

Personal Property Securities (Consequential Repeals and

Amendments) Act 2011

Part 7

Fisheries

Division 2

Pearling Act 1990 amended

s. 77

under subsection (1) is declared not to be personal

property for the purposes of that Act.

Division 2 — Pearling Act 1990 amended

77.           Act amended

This Division amends the Pearling Act 1990.

78.           Section 23 amended

After section 23(1) insert:

(2A)

In accordance with the Personal Property Securities

Act 2009 (Commonwealth) section 10 the definition of

licence paragraph (d), the following rights,

entitlements or authorities are declared not to be

personal property for purposes of that Act —

(a)

a pearl oyster farm lease issued under subsection (1)(a);

(b)

a pearling licence issued under subsection (1)(b);

(c)

a pearl oyster hatchery licence issued under subsection (1)(c);

(d)

a pearling permit issued under subsection (1)(g);

(e)

a pearl oyster hatchery permit issued under subsection (1)(h).

Personal Property Securities (Consequential Repeals and Amendments)

Act 2011

Lands

Part 8

Land Administration Act 1997 amended

Division 1

s. 79

Part 8 — Lands

Division 1 — Land Administration Act 1997 amended

79.           Act amended

This Division amends the Land Administration Act 1997.

80.           Section 48 amended

After section 48(2) insert:

(3)

If a licence granted under subsection (1) is transferable

by the licensee, in accordance with the Personal

Property Securities Act 2009 (Commonwealth)

section 10 the definition of licence paragraph (d), the

licence is declared not to be personal property for the

purposes of that Act.

81.           Section 91 amended

After section 91(5) insert:

(6)

If a licence granted under subsection (1) is transferable

by the licensee, in accordance with the Personal

Property Securities Act 2009 (Commonwealth)

section 10 the definition of licence paragraph (d), the

licence is declared not to be personal property for the

purposes of that Act.

Personal Property Securities (Consequential Repeals and

Amendments) Act 2011

Part 9

Mines and Petroleum

Division 1

Mining Act 1978 amended

s. 82

Part 9 — Mines and Petroleum

Division 1 — Mining Act 1978 amended

82.           Act amended

This Division amends the Mining Act 1978.

83.           Section 162A inserted

After section 161 insert:

162A.

Certain things are not personal property for the

purposes of the Personal Property Securities

Act 2009 (Commonwealth)

In accordance with the Personal Property Securities

Act 2009 (Commonwealth) section 10 the definition of

licence paragraph (d), the following rights,

entitlements or authorities are declared not to be

personal property for the purposes of that Act —

(a)

a prospecting licence granted under section 40(1), 56A(6) or 70(6);

(b)

an exploration licence granted under section 57(1);

(c)

a retention licence granted under section 70B(1);

(d)

a mining lease granted under section 71;

(e)

a general purpose lease granted under section 86(1);

(f)

a miscellaneous licence granted under section 91(1).

Personal Property Securities (Consequential Repeals and Amendments)

Act 2011

Mines and Petroleum

Part 9

Offshore Minerals Act 2003 amended

Division 2

s. 84

Division 2 — Offshore Minerals Act 2003 amended

84.           Act amended

This Division amends the Offshore Minerals Act 2003.

85.           Section 443A inserted

After section 442 insert:

443A.

Certain things are not personal property for the

purposes of the Personal Property Securities

Act 2009 (Commonwealth)

In accordance with the Personal Property Securities

Act 2009 (Commonwealth) section 10 the definition of

licence paragraph (d), the following rights,

entitlements or authorities are declared not to be

personal property for the purposes of that Act —

(a)

an exploration licence granted under section 63(a) or 81(1);

(b)

a retention licence granted under section 143(a);

(c)

a mining licence granted under section 206(a) or 225(1);

(d)

a works licence granted under section 276(a).

Division 3 — Petroleum and Geothermal Energy Resources

Act 1967 amended

86.           Act amended

This Division amends the Petroleum and Geothermal Energy

Resources Act 1967.

Personal Property Securities (Consequential Repeals and

Amendments) Act 2011

Part 9

Mines and Petroleum

Division 4

Petroleum Pipelines Act 1969 amended

s. 87

87.           Section 152 inserted

After section 151 insert:

152.

Certain things are not personal property for the Act 2009 (Commonwealth)

In accordance with the Personal Property Securities

Act 2009 (Commonwealth) section 10 the definition of

licence paragraph (d), the following rights,

entitlements or authorities are declared not to be

personal property for the purposes of that Act —

(a)

a petroleum exploration permit or a geothermal exploration permit granted under section 37;

(b)

a drilling reservation granted under section 43C(4);

(c)

a petroleum retention lease or geothermal retention lease granted under section 48B(5);

(d)

a petroleum production licence or geothermal production licence granted under section 61(4).

Division 4 — Petroleum Pipelines Act 1969 amended

88.           Act amended

This Division amends the Petroleum Pipelines Act 1969.

89.           Section 66E inserted

After section 66D insert:

66E.

Licences under section 10 are not personal property

for the purposes of the Personal Property Securities

Act 2009 (Commonwealth)

Personal Property Securities (Consequential Repeals and Amendments)

Act 2011

Mines and Petroleum

Part 9

Petroleum (Submerged Lands) Act 1982 amended

Division 5

s. 90

In accordance with the Personal Property Securities

Act 2009 (Commonwealth) section 10 the definition of

licence paragraph (d), a licence granted under

section 10 is declared not to be personal property for

the purposes of that Act.

Division 5 — Petroleum (Submerged Lands) Act 1982 amended

90.           Act amended

This Division amends the Petroleum (Submerged Lands)

Act 1982.

91.           Section 152I inserted

At the beginning of Part IV insert:

152I.

Certain things are not personal property for the

purposes of the Personal Property Securities

Act 2009 (Commonwealth)

In accordance with the Personal Property Securities

Act 2009 (Commonwealth) section 10 the definition of

licence paragraph (d), the following rights,

entitlements or authorities are declared not to be

personal property for the purposes of that Act —

(a)

an exploration permit for petroleum granted under section 27;

(b)

a retention lease granted under section 38B(5);

(c)

a production licence for petroleum granted under section 44(2);

(d)

a licence to construct and operate a pipeline granted under section 65(10).

Personal Property Securities (Consequential Repeals and

Amendments) Act 2011

Part 10

Premier

Division 1

Gold Corporation Act 1987 amended

s. 92

Part 10 — Premier

Division 1 — Gold Corporation Act 1987 amended

92.           Act amended

This Division amends the Gold Corporation Act 1987.

93.           Section 67 amended

(1)

In section 67 delete “Where gold” and insert:

(1) Where gold

(2)

At the end of section 67 insert:

(2)

For the purposes of the Personal Property Securities

Act 2009 (Commonwealth) section 259, gold that is

collateral purchased by Gold Corporation, the Mint or

GoldCorp under subsection (1), but not the proceeds

from the sale of gold to Gold Corporation, the Mint, or

GoldCorp, is declared to be an excluded matter in

relation to section 32 of that Act.

Personal Property Securities (Consequential Repeals and Amendments)

Act 2011

Racing and Gaming

Part 11

Liquor Control Act 1988 amended

Division 1

s. 94

Part 11 — Racing and Gaming

Division 1 — Liquor Control Act 1988 amended

94.           Act amended

This Division amends the Liquor Control Act 1988.

95.           Section 30A amended

After section 30A(2) insert:

(3)

In accordance with the Personal Property Securities

Act 2009 (Commonwealth) section 10 the definition of

licence paragraph (d), a licence granted under

subsection (1) that is transferable by the licensee is

declared not to be personal property for the purposes of

that Act.

Division 2 — The Western Australian Turf Club

Act 1892 amended

96.           Act amended

This Division amends The Western Australian Turf Club

Act 1892.

97.           Section 30 amended

In section 30 delete “The respective” and insert:

Subject to the Personal Property Securities Act 2009

(Commonwealth), the respective

Personal Property Securities (Consequential Repeals and

Amendments) Act 2011

Part 12

Transport

Division 1

Jetties Act 1926 amended

s. 98

Part 12 — Transport

Division 1 — Jetties Act 1926 amended

98.           Act amended

This Division amends the Jetties Act 1926.

99.           Section 8A amended

(1)

Delete section 8A(4) and insert:

(4)

The cost of removal under subsection (3) is a debt due

to the Crown and a first charge in priority to all other

claims on the materials comprising the private jetty.

(5A)

In accordance with the Personal Property Securities

Act 2009 (Commonwealth) section 73(2)(a), it is

declared that section 73(2) of that Act applies to a

charge created under subsection (4).

(5B)

The Minister may recover that cost of removal under

subsection (3) by causing the materials comprising the

private jetty to be sold.

(5C)

If under subsection (5B) any materials comprising the private jetty are sold in good faith to a person and the person takes the property in good faith, the person

receives good title to the materials against every other

person including its true owner.

(2)

In section 8A(5) delete “subsection (4)” and insert:

subsection (5B)

Personal Property Securities (Consequential Repeals and Amendments)

Act 2011

Transport

Part 12

Perth Parking Management Act 1999 amended

Division 2

s. 100

Division 2 — Perth Parking Management Act 1999 amended

100.         Act amended

This Division amends the Perth Parking Management Act 1999.

101.         Section 9 amended

After section 9(5) insert:

(6)

If a licence issued under subsection (1) is transferable

by the licensee, in accordance with the Personal

Property Securities Act 2009 (Commonwealth)

section 10 the definition of licence paragraph (d), the

licence is declared not to be personal property for the

purposes of that Act.

Division 3 — Road Traffic Act 1974 amended

102.         Act amended

This Division amends the Road Traffic Act 1974.

103.         Section 15A inserted

At the end of Part II insert:

15A.

Disclosure of information for the purposes of the

Personal Property Securities Act 2009

(Commonwealth)

The Director General may disclose the following

information to the Registrar as defined in the Personal

Property Securities Act 2009 (Commonwealth)

section 10 —

(a)

information relating to vehicles that have been stolen or written off;

Personal Property Securities (Consequential Repeals and

Amendments) Act 2011

Part 12

Transport

Division 4

Shipping and Pilotage Act 1967 amended

s. 104

(b)

licences referred to in section 27(1) that the

Director General considers to be relevant to the

information contained in the register of vehicle section 10 of that Act.

Division 4 — Shipping and Pilotage Act 1967 amended

104.         Act amended

This Division amends the Shipping and Pilotage Act 1967.

105.         Section 5 amended

After section 5(3) insert:

(4A)

If under subsection (3) any wreckage is sold in good faith to a person and the person takes the property in good faith, the person receives good title to the

wreckage against every other person including its true

owner.

Division 5 — Taxi Act 1994 amended

106.         Act amended

This Division amends the Taxi Act 1994.

107.         Section 16 amended

After section 16(9) insert:

(10A)

In accordance with the Personal Property Securities

Act 2009 (Commonwealth) section 10 the definition of

licence paragraph (d), a lease of taxi plates under this

section is declared not to be personal property for the

purposes of that Act.

Personal Property Securities (Consequential Repeals and Amendments)

Act 2011

Transport

Part 12

Transport Co-ordination Act 1966 amended

Division 6

s. 108

Division 6 — Transport Co-ordination Act 1966 amended

108.         Act amended

This Division amends the Transport Co-ordination Act 1966.

109.         Section 20 amended

After section 20(4) insert:

(5)

In accordance with the Personal Property Securities

Act 2009 (Commonwealth) section 10 the definition of

licence paragraph (d), a licence granted under this Part

is declared not to be personal property for the purposes

of that Act.

110.         Section 47ZD amended

After section 47ZD(6) insert:

(7)

If a licence issued under subsection (1) is transferable

by the licensee, in accordance with the Personal

Property Securities Act 2009 (Commonwealth)

section 10 the definition of licence paragraph (d), the

licence is declared not to be personal property for the

purposes of that Act.

Division 7 — Western Australian Marine Act 1982 amended

111.         Act amended

This Division amends the Western Australian Marine Act 1982.

Personal Property Securities (Consequential Repeals and

Amendments) Act 2011

Part 12

Transport

Division 7

Western Australian Marine Act 1982 amended

s. 112

112.         Section 71 amended

(1)

Delete section 71(3) and insert:

(3)

The cost of removal under subsection (2) is a debt due

to the Crown and a first charge in priority to all other

claims on the navigational hazard.

(4A)

In accordance with the Personal Property Securities

Act 2009 (Commonwealth) section 73(2)(a), it is

declared that section 73(2) of that Act applies to a

charge created under subsection (3).

(4B)

The chief executive officer may recover the cost of

removal under subsection (2) by —

(a)

action in a court of competent jurisdiction against the owner of the navigational hazard; or

(b)

selling or causing to be sold the navigational hazard.

(4C)

If under subsection (4B)(b) any navigational hazard is sold in good faith to a person and the person takes the property in good faith, the person receives good title to

the navigational hazard against every other person

including its true owner.

(2)

In section 71(4) delete “subsection (3)(b)” and insert:

subsection (4B)(b)

Personal Property Securities (Consequential Repeals and Amendments)

Act 2011

Transport

Part 12

Western Australian Marine (Sea Dumping) Act 1981 amended

Division 8

s. 113

Division 8 — Western Australian Marine (Sea Dumping)

Act 1981 amended

113.         Act amended

This Division amends the Western Australian Marine (Sea

Dumping) Act 1981.

114.         Section 12 amended

(1)

In section 12(3) delete “charge upon the vessel, aircraft or

platform,” and insert:

first charge in priority to all other claims upon the

vessel, aircraft or platform,

(2)

After section 12(3) insert:

(4A)

In accordance with the Personal Property Securities

Act 2009 (Commonwealth) section 73(2)(a), it is

declared that section 73(2) of that Act applies to a

charge created under subsection (3).

Personal Property Securities (Consequential Repeals and

Amendments) Act 2011

Part 13

Water

Division 1

Country Areas Water Supply Act 1947 amended

s. 115

Part 13 — Water

Division 1 — Country Areas Water Supply Act 1947 amended

115.         Act amended

This Division amends the Country Areas Water Supply

Act 1947.

116.         Section 81 amended

(1)

In section 81 delete “The” and insert:

(1) The

(2)

At the end of section 81 insert:

(2)

In accordance with the Personal Property Securities

Act 2009 (Commonwealth) section 73(2)(a), it is

declared that section 73(2) of that Act applies to a

charge created under subsection (1).

Division 2 — Country Towns Sewerage Act 1948 amended

117.         Act amended

This Division amends the Country Towns Sewerage Act 1948.

118.         Section 79 amended

(1)

In section 79 delete “The” and insert:

(1) The

Personal Property Securities (Consequential Repeals and Amendments)

Act 2011

Water

Part 13

Metropolitan Water Supply, Sewerage, and Drainage Act 1909

Division 3

amended

s. 119

(2)

At the end of section 79 insert:

(2)

In accordance with the Personal Property Securities

Act 2009 (Commonwealth) section 73(2)(a), it is

declared that section 73(2) of that Act applies to a

charge created under subsection (1).

Division 3 — Metropolitan Water Supply, Sewerage, and

Drainage Act 1909 amended

119.         Act amended

This Division amends the Metropolitan Water Supply,

Sewerage, and Drainage Act 1909.

120.         Section 109 amended

(1)

In section 109 delete “The” and insert:

(1) The

(2)

At the end of section 109 insert:

(2)

In accordance with the Personal Property Securities

Act 2009 (Commonwealth) section 73(2)(a), it is

declared that section 73(2) of that Act applies to a

charge created under subsection (1).

Division 4 — Water Services Licensing Act 1995 amended

121.         Act amended

This Division amends the Water Services Licensing Act 1995.

Personal Property Securities (Consequential Repeals and

Amendments) Act 2011

Part 13

Water

Division 4

Water Services Licensing Act 1995 amended

s. 122

122.         Section 60C inserted

After section 60B insert:

60C.

Operating licence (water supply services) is not

personal property for the purposes of the Personal

Property Securities Act 2009 (Commonwealth)

If an operating licence granted under section 18 is

transferable by the licensee, in accordance with the

Personal Property Securities Act 2009

(Commonwealth) section 10 the definition of licence

paragraph (d), the licence is declared not to be personal

property for the purposes of that Act.

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