International Interests in Mobile Equipment (Cape Town Convention) (Consequential Amendments) Act 2013
No. 92, 2013
An Act to deal with consequential matters arising from the enactment of the International Interests in Mobile Equipment (Cape Town Convention) Act 2013, and for related purposes
Contents
1 Short title
2 Commencement
3 Schedule(s)
Schedule 1—Amendments
Air Services Act 1995
Civil Aviation Act 1988
Personal Property Securities Act 2009
International Interests in Mobile Equipment (Cape Town Convention) (Consequential Amendments) Act 2013
No. 92, 2013
An Act to deal with consequential matters arising from the enactment of the International Interests in Mobile Equipment (Cape Town Convention) Act 2013, and for related purposes
[Assented to 28 June 2013]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the International Interests in Mobile Equipment (Cape Town Convention) (Consequential Amendments) Act 2013.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provision(s) | Commencement | Date/Details |
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day this Act receives the Royal Assent. | 28 June 2013 |
2. Schedule 1 | At the same time as section 3 of the International Interests in Mobile Equipment (Cape Town Convention) Act 2013 commences. | 1 September 2015 |
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Amendments
Air Services Act 1995
1 Subsection 60(3) (note)
Omit “Note”, substitute “Note 1”.
2 At the end of subsection 60(3)
Add:
Note 2: A registered interest (within the meaning of the Convention on International Interests in Mobile Equipment, done at Cape Town on 16 November 2001) may be a security interest covered by this subsection. A statutory lien is a non‑consensual right or interest within the meaning of the Convention. The Convention is given the force of law in Australia by the International Interests in Mobile Equipment (Cape Town Convention) Act 2013.
Civil Aviation Act 1988
3 After paragraph 9(3)(cc)
Insert:
(cd) any functions conferred on CASA under the International Interests in Mobile Equipment (Cape Town Convention) Act 2013 or rules made under that Act;
Personal Property Securities Act 2009
4 At the end of section 256
Add:
; (d) the International Interests in Mobile Equipment (Cape Town Convention) Act 2013.
[Minister’s second reading speech made in—
House of Representatives on 29 May 2013
Senate on 17 June 2013]
Overview
The International Interests in Mobile Equipment (Cape Town Convention) (Consequential Amendments) Act 2013 (C2013A00092) was enacted by the Parliament of Australia to address consequential matters arising from the enactment of the International Interests in Mobile Equipment (Cape Town Convention) Act 2013. This legislation is designed to ensure that existing laws align with the new international framework provided by the Cape Town Convention, which aims to facilitate cross-border financing and investment in mobile equipment such as aircraft and rail vehicles. The primary objective of this Act is to amend several existing statutes to incorporate the provisions of the Cape Town Convention, thereby enhancing the legal certainty and effectiveness of international interests in mobile equipment within Australia. The Act commenced on 28 June 2013, with certain provisions taking effect on 1 September 2015, aligning the Australian legal system with international standards and improving the regulatory environment for cross-border transactions involving mobile equipment.
Scope and Application
The International Interests in Mobile Equipment (Cape Town Convention) (Consequential Amendments) Act 2013 applies to consequential amendments in several acts to accommodate the enactment of the International Interests in Mobile Equipment (Cape Town Convention) Act 2013. The Act amends the Air Services Act 1995, the Civil Aviation Act 1988, and the Personal Property Securities Act 2009 to ensure that these Acts are aligned with the new Convention on International Interests in Mobile Equipment. The application of the Act is national, affecting legislation across Australia. The Act does not specify any exclusions or thresholds, but it is contingent on the broader International Interests in Mobile Equipment (Cape Town Convention) Act 2013, which governs the registration of international interests in mobile equipment and provides the legal framework for the implementation of the Cape Town Convention in Australia. The application of this Act is further extended or restricted through subordinate instruments, such as rules made under the International Interests in Mobile Equipment (Cape Town Convention) Act 2013.
Key Provisions
The International Interests in Mobile Equipment (Cape Town Convention) (Consequential Amendments) Act 2013 (C2013A00092) amends several existing pieces of legislation to address the consequential matters arising from the International Interests in Mobile Equipment (Cape Town Convention) Act 2013. This includes making necessary adjustments to the Air Services Act 1995, Civil Aviation Act 1988, and Personal Property Securities Act 2009 to align them with the new framework established by the Cape Town Convention. Specifically, section 1 to 3 of the Act and any provisions not elsewhere specified in the commencement table come into effect on the day the Act receives Royal Assent, which was 28 June 2013. Schedule 1, which contains the amendments to the specified Acts, commences on 1 September 2015.
The Act imposes several obligations on the parties and entities it governs. For instance, it amends the Air Services Act 1995 to clarify that a registered interest under the Cape Town Convention may be a security interest, and it also distinguishes statutory liens as non-consensual rights. The Civil Aviation Act 1988 is updated to include functions conferred on the Civil Aviation Safety Authority (CASA) under the new Convention Act or any rules made under it. The Personal Property Securities Act 2009 is amended to include the new Convention Act within its scope, ensuring that it is treated as a registrable interest.
There are significant consequences for breaching the provisions of this Act. While the Act itself does not specify criminal or civil penalties for non-compliance, the underlying Acts it amends, such as the Air Services Act 1995 and Civil Aviation Act 1988, may impose penalties for non-compliance with their respective provisions. These penalties can include fines and imprisonment, depending on the severity of the breach and the specific provisions of the Acts in question. For example, under the Air Services Act 1995, unauthorised activities can lead to substantial fines and imprisonment, whereas the Civil Aviation Act 1988 may impose penalties for non-compliance with safety and security regulations. The Personal Property Securities Act 2009 also includes provisions for penalties in case of breaches related to registrable interests.