Queensland JUSTICE LEGISLATION (BILLS OF SALE, STOCK MORTGAGES AND LIENS) AMENDMENT BILL 1998 JUSTICE LEGISLATION (BILLS OF SALE, STOCK MORTGAGES AND LIENS) AMENDMENT BILL 1998 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title 2.2... eee eee 8 2 Commencement ........ 0.0.6 c ccna 8 PART 2—AMENDMENT OF BILLS OF SALE AND OTHER INSTRUMENTS ACT 1955 3 Act amended in pt2 2.1.2.2... cece cece eee eens 8 4 Replacement of s 2 (Commencement) .....................0000000. 8 2 Act binds all persons... 2.6... cece eee 8 5 Amendment of s 6 (Meaning of terms) ...................000000000. 9 6 Replacement of pt 2 (Registrations) .............. 0.0 cece eee eee eee 11 PART 2—REGISTRATION AND ITS EFFECTS Division 1—Application of part 7 Application of pt 2.1.0.0... 0. eee eee 11 Division 2—The register and registration 8 Register... 0.0... ene eee eee 11 9 Application for registration of security interest................. 12 10 Application for renewal of registration of security interest ....... 12 11 Registration, or renewal of registration, of security interest ...... 13 12 Expiry of registration... 2.2... 0... 13 Division 3—Other provisions about registration and registered security interests 13 Inspecting the register... 1.6... eee ee eee 13 Justice Legislation (Bills of Sale, Stock Mortgages and Liens) Amendment 12 14 Copies of documents to which security interest relates.......... 14 15 Registration of restraining orders ...............00e cece eeeee 14 16 Application for registration of assignment of registered security interest 2.0.0.6... eee eee eens 15 17 Registration of assignment of a registered security interest....... 15 18 Effect of failure to register a security interest.................. 15 18A Priority given from time of registration ................-..005 15 18B Priority of security interests ......... 0.000. e cece 16 Division 4—Discharge of registered security interests 18C Application for discharge of registered security interest ......... 17 18D Registration of discharge of registered security interest.......... 17 18E Duty after interest fully discharged ....................20005 17 18F Borrower may seek registration of discharge or change in particulars... 6... eee ete 18 Division 5—Changes to register 18G Changes to particulars in register............. 0.000 eee eee 19 18H Correction of errors .. 0.6... eee 20 Division 6—Compensation for loss 181 Application of division .......... 6... c cece eee eee eee eee 20 18J. Compensation for loss... 0.0.60... e eee eee 21 Division 7—General 18K Chief executive to be satisfied stamp duty has been accounted for ........ 2... eee eee 22 Amendment of s 19 (Contents of instruments) ..................0002. 22 Amendment of s 20 (Instrument to be attested and when registered to have effect of a deed) ............0. 0.00.00 0 02 eee eee 22 Omission of s 22 (Instrument subject to defeasance etc. of no effect in certain cases) .... 0.0... eee ee 23 Omission of pt 4, div 1 (Optional registration of assignments of book debts)... 0.0... cee eee eee eee 23 Amendment of s 25 (Stock mortgages) ........ 0.0.0 c cece eee eee 23 Amendment of s 27 (Stock to include increase of stock etc.)........... 23 Amendment of s 30 (Grantor may provide for grantee to have wool from mortgaged sheep) ............... 000s 24 Justice Legislation (Bills of Sale, Stock Mortgages and Liens) Amendment 151726 Amendment of s 31 (Liens may be given on crops)...........--.00005 Amendment of s 32 (Savings of existing mortgages etc.) .............. Omission of s 33 (Duration of registration of liens on crops)............ Amendment of s 34 (Security may be given over wool) ............... Amendment of s 35 (Wool to continue subject to lien despite subsequent sale or mortgage) ............0 0.000 Amendment of s 36 (Grantee may take possession and shear sheep subject to the lien if grantor neglects to do so) ................. Replacement of s 37 (Instrument by way of security securing an account current)... 2... eee eect eee e eee eens 37 Security interest securing account current..................04. Insertion of new ss 37A-37C .. 6... eet eee 37A False or misleading statements ................. 000s e eens 37B 'False or misleading documents ..............0 000 e eee eens 37C Protection from liability .......... 0.0... e cece ee eee Replacement of s 38 (Delegations) .............. 0.0 cee eee eee eens 38 Delegations ....... 0.0... e cece eee teens Amendment of s 49 (Registrar is registrar for repealed State Securities Registration Act 1925) 1.0.0.0... ccc cece eee eee Insertion of new pt6 2... 6... eee eens PART 6—TRANSITIONAL AND SAVING PROVISIONS 50 Transitional provisions about register................-..-00005 51 Transitional provision about registered instruments ............. 52 Transitional provision about crop liens .................00005 53 Transitional provision about expiry of liens on wool ............ 54 Transitional provision about stock mortgages and certain other securities... 0.2... eect eee teens 55 Saving of priority—Justice Legislation (Bills of Sale, Stock Mortgages and Liens) Amendment Act 1998 ............. PART 3—AMENDMENT OF LIENS ON CROPS OF SUGAR CANE ACT 1931 Act amended in pt3 2... .. cece cece eect eee ene Amendment of s 2 (Interpretation) ................0...00..000 02000. Justice Legislation (Bills of Sale, Stock Mortgages and Liens) Amendment 3032 Insertion of new ss 3-3A .. 0.6... cee 32 3 Application of s 2 to certain instruments..................005- 32 3A = Act binds all persons... 0.0... eee eee 32 Replacement of ss 4-7 6... eee ees 32 4 Charge on crop to be created by instrument ................... 32 5 Register... 0.0... ene eee eee 33 6 Application for registration of lien.............. 000 eee eee eee 33 7 Application for renewal of registration of lien................-. 33 TA Registration, or renewal of registration, of lien................. 34 7B Expiry of registration... 2.2... 0... 34 7C Inspecting the register... 1.6... eee ee eee 34 7D Copies of instrument creating lien. .............. 0.0. e ee eee 34 TE Application for registration of assignment of registered lien...... 35 TF Registration of assignment of a registered lien................. 35 7G __ Effect of failure to register lien... 1.0.2.6... eee eee eee eee 35 7H Priority given from time of registration ....................004. 36 71 Priority of liens... 0.0.6... cece eee eens 36 7J Application for discharge of registered lien.................--- 36 7K Registration of discharge of registered lien.................4.. 37 7L Duty after lien fully discharged .............. 00.00 e eee 37 7M _Lienor may seek registration of discharge or change in particulars... 6... eee ete 38 7N Changes to particulars in register............-.. 0.000 ee eee eee 39 7O = Correction of errors «1... eee eens 39 7P Application of compensation provision .................000005 40 7Q Compensation for loss .............6 5000 c cece eee eee eee ees 40 7R Chief executive to be satisfied stamp duty has been accounted for ........ 2... eee eee 41 Amendment of s 9 (Application of proceeds of sugarcane)............. 41 Omission of s 10 (Restriction as to continuance of lien)............... 42 Amendment of s 11 (Further provisions regarding liens)............... 42 Amendment of s 12 (Provisions as to priority where 2 or more liens given) ...... 2.0... eee eee eee 42 Justice Legislation (Bills of Sale, Stock Mortgages and Liens) Amendment 3539 Replacement of s 13 (Renewal of liens).................0..0..00000. 42 13 Effect of harvesting crop on lien...............0.0. 0c e eee 43 Omission of s 14 (Provision as to renewal of liens)................... 43 Amendment of s 16 (Priority) ..........0 0.00.0. eee eee eee 43 Replacement of s 17 (Production of lien to owner of mill) ............. 43 17 Notice of lien to be given to mill owner ................--205. 43 Omission of ss 18-22... 0.6.66. 44 Amendment of s 23 (Non-application of Bills of Sale Act etc.)......... 44 Replacement of s 23A (Delegations) ..............0 000s cece eee eee 45 23A False or misleading statements ...............0 00 cece eee eee 45 23B_ False or misleading documents ...............00 00 eee eens 45 23C Protection from liability ........... 0.0... cece cece eee eee 46 23D Delegations ......... 6. ccc eect teens 46 Insertion of new ss 26-30 1.2... 6.1 c eects 46 26 Transitional provisions about register................-..-00005 46 27 Transitional provision about registered instruments ............. 46 28 Transitional provisions about existing liens..................-. 47 29 Transitional provision about expiry of registered liens........... 47 30 Saving of priority—Justice Legislation (Bills of Sale, Stock Mortgages and Liens) Amendment Act 1998 ............. 47 SCHEDULE ......................... 49 MINOR AMENDMENTS TO BILLS OF SALE AND OTHER INSTRUMENTS ACT 1955 FOR An Act to amend the Bills of Sale and Other Instruments Act 1955 and the Liens on Crops of Sugar Cane Act 1931, and for other purposes Clause Clause Clause Clause sl 8 s4 Justice Legislation (Bills of Sale, Stock Mortgages and Liens) Amendment The Parliament of Queensland enacts— PART 1—PRELIMINARY Short title 1. This Act may be cited as the Justice Legislation (Bills of Sale, Stock Mortgages and Liens) Amendment Act 1998. Commencement 2. This Act commences on a day to be fixed by proclamation. PART 2—AMENDMENT OF BILLS OF SALE AND OTHER INSTRUMENTS ACT 1955 Act amended in pt 2 3. This part and the schedule amend the Bills of Sale and Other Instruments Act 1955. Replacement of s 2 (Commencement) 4. Section 2— omit, insert— 'Act binds all persons '2. This Act binds all persons, including the State, and, so far as the legislative power of Parliament permits, the other States.'. s5 9 s5 Justice Legislation (Bills of Sale, Stock Mortgages and Liens) Amendment Amendment of s 6 (Meaning of terms) Clause 5.(1) Section 6, heading— omit, insert— 'Definitions'. (2) Section 6(1), definitions "central district", "far northern district", "srantee", "grantor", "northern district", "office of the registrar", "registrar", "southern district" and "unregistered instrument"— omit. (3) Section 6(1)— insert— 6 6 assign" includes transfer. "borrower", in relation to a security interest, means— a person who gives a security interest to a lender; or the personal representative of a person mentioned in paragraph (a); or if the person mentioned in paragraph (a) is a corporation—its successors in title and permitted assigns. "lender", in relation to a security interest, means— (a) (b) (c) a person holding a security interest or a person who holds a security interest for the benefit of someone else; or the personal representative of a person mentioned in paragraph (a); or if the person mentioned in paragraph (a) is a corporation—its successors in title and permitted assigns. "official" means the chief executive, or an officer or employee of the department. "printed search result" see section 13. "register" means the register kept under section 8. "registered" means included in the register. s5 10 Justice Legislation (Bills of Sale, Stock Mortgages and Liens) Amendment s5 "security interest" means an interest in— (a) achattel under a bill of sale; or (b) stock under a stock mortgage; or (c) acrop under a lien on crops; or (d) wool under a lien on wool. "unregistered security interest" means a security interest that— (a) is not registered under this Act; or (b) has expired.'. (4) Section 6(2), as a heading— insert— "Application of Act to bills of sale'. (5) Section 6(2) and (2A)— renumber as section 6A(1) and (2). (6) Section 6(3), as a heading— insert— 'Limitation on separate assignment etc.'. (7) Section 6(3)— renumber as section 6B. (8) Section 6(4), as a heading— insert— 'Rents and profits'. (9) Section 6(4), (4A) and (4B)— renumber as section 6C(1), (2) and (3). (10) Section 6(5) and (6)— renumber as section 6D(1) and (2). Clause $6 11 $6 Justice Legislation (Bills of Sale, Stock Mortgages and Liens) Amendment (11) Section 6(6), 'For the purposes of subsection (5)'— omit, insert— 'Tn this section'. Replacement of pt 2 (Registrations) 6. Part 2— omit, insert— 'PART 2—REGISTRATION AND ITS EFFECTS 'Division 1—Application of part "Application of pt 2 "7. This part does not apply to a security interest, whether created before or after the commencement of this section, to the extent that the interest relates to a motor vehicle within the meaning of the Motor Vehicles Securities Act 1986. 'Division 2—The register and registration 'Register "8.(1) The chief executive must keep a register of security interests. '(2) The register must include the following particulars in relation to each security interest included in the register— (a) the name and address of the lender and the borrower; (b) whether the interest is given under a bill of sale, stock mortgage or lien; (c) the day and time the particulars are included in the register; (d) other particulars that may be prescribed under a regulation. $6 12 $6 Justice Legislation (Bills of Sale, Stock Mortgages and Liens) Amendment "(3) The security interest is "registered" when the particulars are included in the register. 'Application for registration of security interest "9,(1) An application for the registration of a security interest must— (a) be made in the way prescribed under a regulation; and (b) if the security interest is an interest in stock under a stock mortgage or a crop under a lien on crops or wool under a lien on wool—nominate the day the security interest expires; and (c) be accompanied by the fee that may be prescribed under a regulation. '(2) The application must include a description of the chattels to which the interest relates, to the extent to which the chattels are ascertainable. Examples of suitable descriptions of chattels— 1. One blue Ace (8 blades) plough, serial number 0001. 2. Stock-in-trade of AZ Pty Ltd. 3. Book debts of JB and Co. "(3) The chief executive is not required to inquire into the validity of information supporting the application. "Application for renewal of registration of security interest "10.(1) An application for the renewal of registration of a security interest must— (a) be made in the way prescribed under a regulation; and (b) if the security interest is an interest in stock under a stock mortgage or a crop under a lien on crops or wool under a lien on wool—nominate the day the security interest expires; and (c) be accompanied by the fee that may be prescribed under a regulation. '(2) The chief executive is not required to inquire into the validity of information supporting the application. $6 13 $6 Justice Legislation (Bills of Sale, Stock Mortgages and Liens) Amendment '(3) The registration of a security interest must be renewed before the registration expires. 'Registration, or renewal of registration, of security interest "11.(1) If the chief executive is satisfied that an application for the registration, or renewal of the registration, of a security interest is properly made, the chief executive must register, or renew the registration of, the security interest by including in the register the relevant particulars mentioned in section 8(2). '(2) Applications for registration, or renewal of registration, of security interests must be registered in the order of time of lodgment with the chief executive. 'Expiry of registration "12.(1) A registration of a security interest after the commencement of this section expires— (a) for a security interest in stock under a stock mortgage or a crop under a lien on crops or wool under a lien on wool—the day nominated by the lender in the application for registration as the day the security interest expires; or (b) otherwise—the day 5 years after the registration takes effect. "(2) In this section— "registration" includes renewal of registration. 'Division 3—Other provisions about registration and registered security interests 'Inspecting the register "13.(1) A person may, on payment of the fee prescribed under a regulation— (a) inspect the register at an office of the department prescribed under $6 14 $6 Justice Legislation (Bills of Sale, Stock Mortgages and Liens) Amendment a regulation when the prescribed office is open to the public; and (b) take extracts from, or obtain a copy of the particulars in, the register (a "printed search result"). "(2) A printed search result certified by the chief executive is evidence of the matters stated in it. "Copies of documents to which security interest relates "14.(1) The lender must, at the written request of the borrower, give the borrower a copy of the bill of sale, stock mortgage or lien to which the interest relates. Maximum penalty—30 penalty units. '(2) For subsection (1), the copy must be given— (a) within 14 days, if the original came into existence | year or less before the request is given; or (b) within 30 days, if the original came into existence more than 1 year before the request is given. "(3) The copy may be a computer generated facsimile containing the same information contained in the original document. "(4) The lender may charge a reasonable amount for providing the copy, which must not be more than the actual cost of providing the copy. 'Registration of restraining orders "15.(1) A restraining order under the Crimes (Confiscation) Act 1989 made in relation to chattels of a person may be registered. '(2) Registration of the restraining order has effect for the duration of the restraining order. "(3) The chief executive must, on receipt of a request accompanied by a certified copy of the restraining order, include in the register particulars of the restraining order for the chattels that may be prescribed under a regulation. $6 15 $6 Justice Legislation (Bills of Sale, Stock Mortgages and Liens) Amendment "Application for registration of assignment of registered security interest "16.(1) An assignment of a registered security interest may be registered, but is not required to be registered. (2) An application for registration of the assignment of a registered security interest must be— (a) made in the way prescribed under a regulation; and (b) accompanied by the fee that may be prescribed under a regulation. "(3) The chief executive is not required to inquire into the validity of information supporting the application. 'Registration of assignment of a registered security interest '17.1) If the chief executive is satisfied that an application for registration of the assignment of a registered security interest is properly made, the chief executive must register the assignment by including in the register particulars of the assignment. "(2) Applications for registration of assignments of registered security interests must be registered in the order of time of lodgment with the chief executive. 'Effect of failure to register a security interest "18.(1) An unregistered security interest has no effect against a person who is not a party to the instrument creating the interest. "(2) Subsection (1) is subject to section 18B(3). 'Priority given from time of registration "18A. A registered security interest has priority, for any title, or right to possession, to chattels conferred by the interest, according to the time of its registration. $6 16 $6 Justice Legislation (Bills of Sale, Stock Mortgages and Liens) Amendment 'Priority of security interests "18B.(1) A registered security interest in chattels ranks in priority over an unregistered security interest in the same chattels. "(2) A registered security interest in chattels ranks in priority over another registered security interest in the same chattels according to the order of registration. "(3) An unregistered security interest in chattels ranks in priority over a registered security interest in the same chattels if— (a) under the unregistered security interest the lender takes possession of the chattels; and (b) the taking of possession happens before the registered security interest is registered. "(4) Despite the Property Law Act 1974, section 82,! the priority given to a security interest under this section has effect for all amounts, including further advances, owing by the borrower to the lender under the security interest. "(5) Subsections (1), (2), (3) and (4) apply subject to the following— (a) section 6A(2)2 (b) an express contrary provision in the Corporations Law; (c) an agreement between the lenders holding the security interests. "(6) It is declared that the priority given to security interests under this section applies only to security interests created after the commencement of this section. 1 Property Law Act 1974, section 82 (Tacking and further advances) 2 Section 6A (Application of Act to bills of sale) $6 17 $6 Justice Legislation (Bills of Sale, Stock Mortgages and Liens) Amendment 'Division 4—Discharge of registered security interests 'Application for discharge of registered security interest "18C.(1) The lender may apply for the full or partial discharge of a registered security interest. "(2) The application must be— (a) made in the way prescribed under a regulation; and (b) accompanied by the fee that may be prescribed under a regulation. "(3) The chief executive is not required to inquire into the validity of information supporting the application. "(4) In this section— "partial discharge", of a registered security interest, means— (a) a discharge of a borrower under the security interest from the borrower's performance of a stated part of the borrower's obligation under the security interest; or (b) ifthe security interest relates to a number of chattels—a discharge of the security interest in relation to any of the chattels. 'Registration of discharge of registered security interest "18D. If the chief executive is satisfied that an application for the full or partial discharge of a registered security interest is properly made, the chief executive must register the discharge by— (a) including in the register the particulars that may be prescribed under a regulation; and (b) doing anything else that may be prescribed under a regulation. 'Duty after interest fully discharged "18E. The lender who holds a registered security interest that is fully discharged must, within 14 days after the discharge— $6 18 $6 Justice Legislation (Bills of Sale, Stock Mortgages and Liens) Amendment (a) file an application under section 18C3 for the full discharge of the interest; and (b) do anything else that may be necessary to effect the registration of the discharge. Maximum penalty—20 penalty units. 'Borrower may seek registration of discharge or change in particulars "18F.(1) A borrower may, in relation to a registered security interest, ask the lender— (a) to file an application under section 18C for the full or partial discharge of the interest if the interest has been fully or partially discharged; or (b) to join with the borrower to file an application under section 18G to change the particulars included in the register. "(2) A lender who receives a request under subsection (1) must, within 30 days after receiving the request— (a) file the application or join with the borrower in filing the application; or (b) apply to a Magistrates Court for an order maintaining the registration. "(3) If, at the end of the time allowed under subsection (2), the lender has not complied with subsection (2)(a) or (b), the borrower may ask the chief executive in the approved form to give the lender a notice under subsection (4). "(4) The notice must state that, unless the lender obtains a court order maintaining the registration before the end of the notice period, at the end of the notice period— (a) the discharge will be registered; or (b) stated particulars will be changed under section 18G. 3 Section 18C (Application for discharge of registered security interest) $6 19 $6 Justice Legislation (Bills of Sale, Stock Mortgages and Liens) Amendment "(5) Ifa lender who has been given notice under subsection (4) has not— (a) filed an application for the discharge or the change to particulars in accordance with the request under subsection (1); or (b) given the chief executive a copy of a court order maintaining the registration; before the end of the notice period, the chief executive must register the discharge or change the particulars included in the register as requested. (6) On application by the lender, the court may make any of the following orders— (a) an order that the registration be maintained; (b) an order that the discharge be registered; (c) an order that the particulars included in the register be changed; (d) another order, including an order for costs, the court considers appropriate. "(7) In this section— "notice period" means a period of 30 days after giving a notice under subsection (4). 'Division 5—Changes to register "Changes to particulars in register "18G.(1) The lender who holds a registered security interest may apply to the chief executive to change stated particulars included in the register relating to the interest. "(2) The application must be— (a) made in the way prescribed under a regulation; and (b) accompanied by the fee that may be prescribed under a regulation. "(3) The chief executive may change the particulars and must include in the register the date on which the particulars were changed. "(4) If the change is other than a change of a minor and non-controversial $6 20 $6 Justice Legislation (Bills of Sale, Stock Mortgages and Liens) Amendment nature, the chief executive may require the application to be made jointly by the lender and borrower. 'Correction of errors "18H.(1) This section applies if the chief executive is satisfied that an error, omission or failure to comply with this Act has happened in relation to— (a) aregistered security interest; or (b) the register. '(2) The chief executive must do everything necessary to correct the error, omission or failure. 'Division 6—Compensation for loss 'Application of division "181. This division applies if a person suffers loss because— (a) a security interest in relation to which an application for registration had been filed with the chief executive had not been registered; or (b) particulars of a security interest were incorrectly entered in the register; or (c) a registered security interest had been discharged incorrectly under section 1 8F; or (d) a discharge of a security interest under section 18F, of which the chief executive has notice, had not been included in the register; or (e) the person— (i) searches the register for a security interest or particulars of a security interest; and (11) there is an error in the register because of a negligent act or omission by the chief executive (the "incorrect information"); and $6 21 $6 Justice Legislation (Bills of Sale, Stock Mortgages and Liens) Amendment (11) the person relies on the incorrect information contained in a printed search result issued by the chief executive. "Compensation for loss "18J.(1) A person who suffers loss for a reason stated in section 181 may apply to the accountable officer for payment of compensation to the person. '(2) The accountable officer may make a payment to the applicant under the Financial Administration and Audit Act 1977, section 1064 "(3) The accountable officer must not make a payment in relation to a loss for a reason mentioned in section 181(d) if the applicant at the time of suffering the loss— (a) had actual notice of the security interest; or (b) had been put on inquiry as to the existence of the security interest and had abstained from inquiry or further inquiry when the person might reasonably have expected the inquiry or further inquiry to reveal the security interest. "(4) Compensation paid under section 18I(a), (b), (c) or (d) must not be more than the lesser of the following, worked out as at the time the loss was suffered— (a) the amount of the debt or other pecuniary obligation or the value of any other obligation secured by the security interest; (b) the value of the chattels in which was held the security interest in respect of which compensation was applied for. "(5) In this section— "accountable officer" means the accountable officer of the department under the Financial Administration and Audit Act 1977. 4 Financial Administration and Audit Act 1977, section 106 (Losses and special payments) Clause Clause s7 22 s8 Justice Legislation (Bills of Sale, Stock Mortgages and Liens) Amendment 'Division 7—General 'Chief executive to be satisfied stamp duty has been accounted for "18K.(1) If an instrument relating to a security interest is chargeable with stamp duty under the Stamp Act 1894, the chief executive may deal with the security interest under this Act only if the chief executive is satisfied that stamp duty on the instrument has been paid or accounted for5 under that Act. '(2) The chief executive may assume stamp duty on the instrument has been paid or accounted for if the person asking the chief executive to deal with the interest states, in writing, that the stamp duty has been paid or accounted for under that Act.'. Amendment of s 19 (Contents of instruments) 7. Section 19(1)(a) to (c)— omit, insert— '(a) the name and address of each borrower and lender; and (b) a description of the chattels to which the interest relates, to the extent to which the chattels are ascertainable; and'. Amendment of s 20 (Instrument to be attested and when registered to have effect of a deed) 8. Section 20— insert— "(1A) However, a person is not excluded from being a witness for subsection (1) merely because the person is an employee of a party to the instrument acting in the ordinary course of business."'. 5 See, for example, the Stamp Act 1894, section 13A (Duty accounted for by returns) s9 23 $12 Justice Legislation (Bills of Sale, Stock Mortgages and Liens) Amendment Omission of s 22 (Instrument subject to defeasance etc. of no effect in certain cases) Clause 9. Section 22— omit. Omission of pt 4, div 1 (Optional registration of assignments of book debts) Clause 10. Part 4, division 1— omit. Amendment of s 25 (Stock mortgages) Clause 11.(1) Section 25, heading— omit, insert— 'Stock under stock mortgage are chattels'. (2) Section 25(1)— omit. (3) Section 25(2), "(2)'— omit. Amendment of s 27 (Stock to include increase of stock etc.) Clause 12.(1) Section 27(1), 'A stock mortgage properly registered under this Act?— omit, insert— 'A registered security interest in stock under a stock mortgage'. (2) Section 27(1), after 'instrument' (first mention)— insert— 'creating the security interest'. (3) Section 27(1), 'in it wherever'— s 13 24 s14 Justice Legislation (Bills of Sale, Stock Mortgages and Liens) Amendment omit, insert— 'in the instrument wherever'. (4) Section 27(1), 'continuance of the security'— omit, insert— 'continuance of the mortgage'. Amendment of s 30 (Grantor may provide for grantee to have wool from mortgaged sheep) Clause 13.(1) Section 30, 'the registration under this Act of such instrument'— omit, insert— 'a registered security interest in the sheep under the mortgage'. (2) Section 30, 'to possess a registered lien'— omit, insert— 'to have a registered security interest in wool under a lien'. (3) Section 30, after "grantor and'— insert— "a security interest in wool under a lien on wool had been'. (4) Section 30, 'lien' (last mention)— omit, insert— 'registered security interest'. Amendment of s 31 (Liens may be given on crops) Clause 14. Section 31(1A), from 'under this Act' to 'mentioned'— omit, insert— 'of a security interest in the crops entitle the lender to the crops to which the interest relates'. s15 25 s18 Justice Legislation (Bills of Sale, Stock Mortgages and Liens) Amendment Amendment of s 32 (Savings of existing mortgages etc.) Clause 15.(1) Section 32(2), 'lien on crops being registered under this Act'— omit, insert— 'registered security interest in a crop under a lien on crops'. (2) Section 32(2), from 'described'— omit, insert— *, particulars of which are included in the register.'. Omission of s 33 (Duration of registration of liens on crops) Clause 16. Section 33— omit. Amendment of s 34 (Security may be given over wool) Clause 17. Section 34(1), 'under this Act'— omit, insert— 'of a security interest in the wool under the lien on wool'. Amendment of s 35 (Wool to continue subject to lien despite subsequent sale or mortgage) Clause 18.(1) Section 35, 'lien on wool being registered under this Act'— omit, insert— 'registered security interest in wool under a lien on wool'. (2) Section 35, 'referred to in the lien'— omit, insert— *, particulars of which are included in the register'. Clause Clause Clause $19 26 $21 Justice Legislation (Bills of Sale, Stock Mortgages and Liens) Amendment Amendment of s 36 (Grantee may take possession and shear sheep subject to the lien if grantor neglects to do so) 19.(1) Section 36, 'subject to a lien'-— omit, insert— 'subject to a registered security interest in wool under a lien'. (2) Section 36, 'registered under this Act'— omit. (3) Section 36, 'registered lien'— omit, insert— 'lien'. Replacement of s 37 (Instrument by way of security securing an account current) 20. Section 37— omit, insert— 'Security interest securing account current '37. The registration of a security interest securing an account current is not affected merely because the borrower may from time to time be in credit on the account.'. Insertion of new ss 37A—37C 21. After section 37— insert— 'False or misleading statements '37A.(1) A person must not state anything to an official the person knows is false or misleading in a material particular. Maximum penalty—S0 penalty units or | year's imprisonment. Clause s22 27 s22 Justice Legislation (Bills of Sale, Stock Mortgages and Liens) Amendment "(2) It is enough for a complaint for an offence against subsection (1) to state the statement made was 'false or misleading' to the person's knowledge, without stating which. 'False or misleading documents '37B.(1) A person must not give an official a document containing information the person knows is false or misleading in a material particular. Maximum penalty—S0 penalty units or | year's imprisonment. "(2) Subsection (1) does not apply to a person if the person, when giving the document— (a) tells the official, to the best of the person's ability, how it is false or misleading; and (b) if the person has, or can reasonably obtain, the correct information—gives the correct information. "(3) It is enough for a complaint for an offence against subsection (1) to state the document was 'false or misleading' to the person's knowledge, without stating which. 'Protection from liability *37C.(1) An official does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act. '(2) If subsection (1) prevents a civil liability attaching to an official, liability attaches instead to the State.'. Replacement of s 38 (Delegations) 22. Section 38— omit, insert— 'Delegations "38.(1) The chief executive may delegate the chief executive's powers under this Act to an appropriately qualified officer or employee of the department. s 23 28 s 24 Justice Legislation (Bills of Sale, Stock Mortgages and Liens) Amendment '(2) In this section— "appropriately qualified", for a person to whom a power under this Act may be delegated, includes having the qualifications, experience or standing appropriate to exercise the power. Example of 'standing '— A person's classification level in the public service.'. Amendment of s 49 (Registrar is registrar for repealed State Securities Registration Act 1925) Clause 23.(1) Section 49(4)— renumber as section 49(2). (2) Section 49— insert— '(3) This section expires 9 years after section 54 commences.'. Insertion of new pt 6 Clause 24. After section 49— insert— 'PART 6—TRANSITIONAL AND SAVING PROVISIONS 'Transitional provisions about register '50.(1) The register of registered instruments kept under the Act immediately before the commencement is taken to be the register of security interests kept under section 8. '(2) This section expires the day after it commences. s 24 29 s 24 Justice Legislation (Bills of Sale, Stock Mortgages and Liens) Amendment 'Transitional provision about registered instruments "51.(1) Each instrument registered under the Act immediately before the commencement is taken to be a registered security interest. '(2) The particulars of each instrument registered in the register of registered instruments immediately before the commencement are taken to be included in the register of security interests kept under section 8. "(3) This section expires the day after it commences. 'Transitional provision about crop liens *52.(1) Section 33 of this Act, as in force immediately before the commencement of this section, continues to have effect after the commencement but only for deciding when the registration of a lien on crops executed before the commencement expires. '(2) This section expires | year after it commences. 'Transitional provision about expiry of liens on wool "53.(1) A lien on wool registered under this Act immediately before the commencement of this section expires | year after the commencement. '(2) This section expires | year after it commences. 'Transitional provision about stock mortgages and certain other securities "54.(1) This section applies to the following instruments included in the register kept under this Act before the commencement of this section ("existing instruments" )— (a) stock mortgages; (b) securities under the repealed State Securities Registration Act 1925. '(2) Each existing instrument registered under the Act expires as follows— (a) if registered before 1 January 1978—6 months after the s 24 30 s 24 Justice Legislation (Bills of Sale, Stock Mortgages and Liens) Amendment (b) (c) (d) (e) (f) (g) (h) (i) G) (k) (1) (m) (n) (0) (p) (q) commencement; if registered aft if registered in | if registered in if registered in if registered in if registered in if registered in if registered in if registered in if registered in if registered in if registered in if registered in if registered in if registered in er 1977 and before 1984—9 months after the commencement; 984—1 year after the commencement; 985—2 years after the commencement; 986—3 years after the commencement; 987—4 years after the commencement; 988—S years after the commencement; 989—4 years after the commencement; 990—7 years after the commencement; 991—8 years after the commencement; 992—9 years after the commencement; 993—10 years after the commencement; 994—11 years after the commencement; 995—12 years after the commencement; 996—13 years after the commencement; 997—14 years after the commencement; if registered after 1997 but before the commencement—15 years after the commencement. "(3) This section expires 15 years after the commencement. 'Saving of priority—Justice Legislation (Bills of Sale, Stock Mortgages and Liens) Amendment Act 1998 "55.(1) This section applies to registered security interests that immediately before the commencement of this section were instruments registered under this Act. "(2) The rules for deciding priority, including section 7A(2), as in force immediately before the commencement continue to have effect for deciding Clause Clause s 25 31 s 26 Justice Legislation (Bills of Sale, Stock Mortgages and Liens) Amendment priority of those registered security interests after the commencement. '(3) This section applies despite section 18B.°'. PART 3—AMENDMENT OF LIENS ON CROPS OF SUGAR CANE ACT 1931 Act amended in pt 3 25. This part amends the Liens on Crops of Sugar Cane Act 1931. Amendment of s 2 (Interpretation) 26.(1) Section 2, heading and words before definition "crop"— omit, insert— 'Definitions "2. In this Act—'. (2) Section 2, definitions "far northern district", "northern district", "Register", "registrar" and "southern district"— omit. (3) Section 2— insert— ' "official" means the chief executive, or an officer or employee of the department. "printed search result" see section 7C. "register" means the register kept under section 5. "registered" means included in the register. "unregistered lien" means a lien that— 6 Section 18B (Priority of security interests) Clause Clause $27 32 s 28 Justice Legislation (Bills of Sale, Stock Mortgages and Liens) Amendment (a) is not registered under this Act; or (b) has expired.'. (4) Section 2, definition "owner of a mill", from 'and includes' to "19]4'— omit. Insertion of new ss 3-3A 27. After section 2— insert— "Application of s 2 to certain instruments "3. Section 2 applies to instruments made or executed under this Act, unless the contrary intention appears. 'Act binds all persons "3A. This Act binds all persons, including the State, and, so far as the legislative power of Parliament permits, the other States.'. Replacement of ss 4—7 28. Sections 4 to 7— omit, insert— 'Charge on crop to be created by instrument "4.(1) An owner of a crop may charge the crop as security for the payment or satisfaction of any debt or liability (whether past or present or future, and whether vested or contingent), by signed instrument. "(2) The instrument— (a) must adequately identify the land on which the crop intended to be charged is growing or is about to grow; and (b) must be witnessed. s 28 33 s 28 Justice Legislation (Bills of Sale, Stock Mortgages and Liens) Amendment 'Register "5.(1) The chief executive must keep a register of liens. '(2) The register must include the following particulars in relation to each lien included in the register— (a) the name and address of the lienee and the lienor; (b) the day and time the particulars are included in the register; (c) other particulars that may be prescribed under a regulation. "(3) The lien is "registered" when the particulars are included in the register. 'Application for registration of lien "6.(1) An application for the registration of a lien must be— (a) made in the way prescribed under a regulation; and (b) accompanied by the fee that may be prescribed under a regulation. '(2) The application must include a description of the land to which the lien relates. "(3) The chief executive is not required to inquire into the validity of information supporting the application. "Application for renewal of registration of lien "7.(1) An application for the renewal of registration of a lien must— (a) be made in the way prescribed under a regulation; and (b) nominate the day the lien expires; and (c) be accompanied by the fee that may be prescribed under a regulation. '(2) The chief executive is not required to inquire into the validity of information supporting the application. "(3) The registration of a lien must be renewed before the registration expires. s 28 34 s 28 Justice Legislation (Bills of Sale, Stock Mortgages and Liens) Amendment 'Registration, or renewal of registration, of lien '7A.(1) If the chief executive is satisfied that an application for the registration, or renewal of the registration, of a lien is properly made, the chief executive must register, or renew the registration of, the lien by including in the register the relevant particulars mentioned in section 5(2). "(2) Applications for registration, or renewal of registration, of liens must be registered in the order of time of lodgment with the chief executive. 'Expiry of registration '7B.(1) A registration of a lien after the commencement of this section expires on the day nominated by the lienee in the application for registration as the day the lien expires. "(2) In this section— "registration" includes renewal of registration. 'Inspecting the register '7C.(1) A person may, on payment of the fee that may be prescribed under a regulation— (a) inspect the register at an office of the department prescribed under a regulation when the prescribed office is open to the public; and (b) take extracts from, or obtain a copy of details in, the register (a "printed search result"). "(2) A printed search result certified by the chief executive is evidence of the matters stated in it. 'Copies of instrument creating lien '7D.(1) The lienee must, at the written request of the lienor, give the lienor a copy of the instrument creating the lien. Maximum penalty—30 penalty units. '(2) For subsection (1), the copy must be given— s 28 35 s 28 Justice Legislation (Bills of Sale, Stock Mortgages and Liens) Amendment (a) within 14 days, if the original came into existence | year or less before the request is given; or (b) within 30 days, if the original came into existence more than 1 year before the request is given. "(3) The copy may be a computer generated facsimile containing the same information contained in the original document. "(4) The lienee may charge a reasonable amount for providing the copy, which must not be more than the actual cost of providing the copy. 'Application for registration of assignment of registered lien "7E.(1) An assignment of a registered lien may be registered, but is not required to be registered. "(2) An application for registration of the assignment of a registered lien must be— (a) made in the way prescribed under a regulation; and (b) accompanied by the fee that may be prescribed under a regulation. "(3) The chief executive is not required to inquire into the validity of information supporting the application. 'Registration of assignment of a registered lien '7TF.(1) If the chief executive is satisfied that an application for registration of the assignment of a registered lien is properly made, the chief executive must register the assignment by including in the register particulars of the assignment. "(2) Applications for registration of assignments of registered liens must be registered in the order of time of lodgment with the chief executive. 'Effect of failure to register lien '7G.(1) An unregistered lien has no effect against a person who is not a party to the instrument creating the lien. "(2) Subsection (1) is subject to section 71(3). s 28 36 s 28 Justice Legislation (Bills of Sale, Stock Mortgages and Liens) Amendment 'Priority given from time of registration "7H. A registered lien has priority, for any title to, or right to possession of, crops conferred by the lien, according to the time of its registration. 'Priority of liens "71.(1) A registered lien over a crop ranks in priority over an unregistered lien over the same crop. "(2) A registered lien over a crop ranks in priority over another registered lien over the same crop according to the order of registration. "(3) An unregistered lien over a crop ranks in priority over a registered lien over the same crop if— (a) under the unregistered lien the lienee takes possession of the crop; and (b) the taking of possession happens before the registered lien is registered. "(4) Despite the Property Law Act 1974, section 82,7 the priority given to a lien under this section has effect for all amounts, including further advances, owing by the lienor to the lienee under the lien. "(5) Subsections (1), (2), (3) and (4) apply subject to the following— (a) section 12;8 (b) an express contrary provision in the Corporations Law; (c) an agreement between the lienees holding the liens. "(6) It is declared that the priority given to registered liens under this section applies only to liens created after the commencement of this section. "Application for discharge of registered lien '7J.(1) The lienee may apply for the full or partial discharge of a 7 Property Law Act 1974, section 82 (Tacking and further advances) 8 — Section 12 (Provisions as to priority where 2 or more liens given) s 28 37 s 28 Justice Legislation (Bills of Sale, Stock Mortgages and Liens) Amendment registered lien. "(2) The application must be— (a) made in the way prescribed under a regulation; and (b) accompanied by the fee that may be prescribed under a regulation. "(3) The chief executive is not required to inquire into the validity of information supporting the application. "(4) In this section— "partial discharge", of a registered lien, means— (a) a discharge of a lienor under the lien from the lienor's performance of a stated part of the lienor's obligation under the lien; or (b) ifthe lien relates to a number of crops—a discharge of the lien in relation to any of the crops. 'Registration of discharge of registered lien "7K. If the chief executive is satisfied that an application for a full or partial discharge of a registered lien is properly made, the chief executive must register the discharge by— (a) including in the register the particulars that may be prescribed under a regulation; and (b) doing anything else that may be prescribed under a regulation. 'Duty after lien fully discharged '7L. The lienee under a registered lien at the time the lien is fully discharged must, within 14 days after the lien is fully discharged— (a) file an application under section 7J9 for the full discharge of the lien; and (b) do anything else that may be necessary to effect the registration of 9 Section 7J (Application for discharge of registered lien) s 28 38 s 28 Justice Legislation (Bills of Sale, Stock Mortgages and Liens) Amendment the discharge. Maximum penalty—20 penalty units. 'Lienor may seek registration of discharge or change in particulars "7M.(1) A lienor may, in relation to a registered lien, ask the lienee— (a) to file an application under section 7J for the full or partial discharge of the lien if the lien has been fully or partially discharged; or (b) to join with the lienor to file an application under section 7N to change the particulars in the register. "(2) A lienee who receives a request under subsection (1) must, within 30 days after receiving the request— (a) file the application or join with the lienor in filing the application; or (b) apply to a Magistrates Court for an order maintaining the registration. "(3) If, at the end of the time allowed under subsection (2), the lienee has not complied with subsection (2)(a) or (b), the lienor may ask the chief executive in the approved form to give the lienee a notice under subsection (4). "(4) The notice must state that, unless the lienee obtains a court order maintaining the registration before the end of the notice period, at the end of the notice period— (a) the discharge will be registered; or (b) stated particulars will be changed under section 7N. "(5) Ifa lienee who has been given notice under subsection (4) has not— (a) filed an application for the discharge or the change to particulars in accordance with the request under subsection (1); or (b) given the chief executive a copy of a court order maintaining the registration; before the end of the notice period, the chief executive must register the s 28 39 s 28 Justice Legislation (Bills of Sale, Stock Mortgages and Liens) Amendment discharge or change the particulars included in the register as requested. "(6) On application by the lienee, the court may make any of the following orders— (a) an order that the registration be maintained; (b) an order that the discharge be registered; (c) an order that the particulars included in the register be changed; (d) another order, including an order for costs, the court considers appropriate. "(7) In this section— "notice period" means a period of 30 days after giving a notice under subsection (4). "Changes to particulars in register "7N.(1) A lienee may apply to the chief executive to change stated particulars included in the register relating to the lien. "(2) The application must be— (a) made in the way prescribed under a regulation; and (b) accompanied by the fee that may be prescribed under a regulation. "(3) The chief executive may change the particulars and must include in the register the date on which the particulars were changed. "(4) If the change is other than a change of a minor and non-controversial nature, the chief executive may require the application to be made jointly by the lienee and lienor. 'Correction of errors '70.(1) This section applies if the chief executive is satisfied that an error, omission or failure to comply with this Act has happened in relation to— (a) aregistered lien; or (b) the register. s 28 40 s 28 Justice Legislation (Bills of Sale, Stock Mortgages and Liens) Amendment '(2) The chief executive must do everything necessary to correct the error, omission or failure. "Application of compensation provision "7P. Section 7Q applies if a person suffers loss because— (a) (b) (c) (d) (e) a lien in relation to which an application for registration had been filed with the chief executive had not been registered; or particulars of a lien were incorrectly entered in the register; or a lien had been discharged incorrectly under section 7M; or a discharge of a lien under section 7M, of which the chief executive has notice, had not been included in the register; or the person— (1) _ searches the register for a lien or particulars of a lien; and (11) there is an error in the register because of a negligent act or omission by the chief executive (the "incorrect information"); and (11) the person relies on the incorrect information contained in a printed search result issued by the chief executive. "Compensation for loss "7Q.(1) A person who suffers loss for a reason stated in section 7P may apply to the accountable officer for payment of compensation to the person. '(2) The accountable officer may make a payment to the applicant under the Financial Administration and Audit Act 1977, section 106.10 "(3) The accountable officer must not make a payment in relation to a loss for a reason mentioned in section 7P(d) if the applicant, at the time of suffering the loss— (a) had actual notice of the lien; or 10 Financial Administration and Audit Act 1977, section 106 (Losses and special payments) Clause s 29 41 s 29 Justice Legislation (Bills of Sale, Stock Mortgages and Liens) Amendment (b) had been put on inquiry as to the existence of the lien and had abstained from inquiry or further inquiry when the person might reasonably have expected the inquiry or further inquiry to reveal the lien. "(4) Compensation paid in relation to an application mentioned in section 7P(a), (b), (c) or (d) must not be more than the lesser of the following, worked out as at the time the loss was suffered— (a) the amount of the debt or other pecuniary obligation or the value of any other obligation secured by the lien; (b) the value of the crop to which the lien for which compensation was applied for relates. "(5) In this section— "accountable officer" means the accountable officer of the department under the Financial Administration and Audit Act 1977. 'Chief executive to be satisfied stamp duty has been accounted for "7R.(1) If an instrument relating to a lien is chargeable with stamp duty under the Stamp Act 1894, the chief executive may deal with the lien under this Act only if the chief executive is satisfied that stamp duty on the instrument has been paid or accounted for!! under that Act. '(2) The chief executive may assume stamp duty on the instrument has been paid or accounted for if the person asking the chief executive to deal with the lien states, in writing, that the stamp duty has been paid or accounted for under that Act.'. Amendment of s 9 (Application of proceeds of sugarcane) 29.(1) Section 9(1)(a), from 'section 8.12' to '199/'— omit, insert— 11 See, for example, the Stamp Act 1894, section 13A (Duty accounted for by returns) Clause Clause Clause Clause s 30 42 s 33 Justice Legislation (Bills of Sale, Stock Mortgages and Liens) Amendment 'the Sugar Industry Act 1991, section 12912'. (2) Section 9(1)(c) and (g), 'under the Wages Act 1918 or otherwise'— omit, insert— 'for wages or otherwise'. Omission of s 10 (Restriction as to continuance of lien) 30. Section 10— omit. Amendment of s 11 (Further provisions regarding liens) 31. Section 11, from 'unless renewed'— omit, insert— 'unless renewed under section 7.13'. Amendment of s 12 (Provisions as to priority where 2 or more liens given) 32. Section 12(2)— omit, insert— "(2) However, subsection (1) does not affect the priority of a lien whose registration is renewed because of section 13(1).'. Replacement of s 13 (Renewal of liens) 33. Section 13— omit, insert— 12 Sugar Industry Act 1991, section 129 (Mill owner may harvest sugarcane) 13 Section 7 (Application for renewal of registration of lien) Clause Clause Clause s 34 43 s 36 Justice Legislation (Bills of Sale, Stock Mortgages and Liens) Amendment 'Effect of harvesting crop on lien "13.(1) A lien over a crop that, when the lien expires, has not been fully harvested, may be renewed under section 7. "(2) However, if the crop covered by a lien is fully harvested when the lien expires under section 7B,!4 it is not necessary to renew the lien for the lien to remain effective against the proceeds of the crop.'. Omission of s 14 (Provision as to renewal of liens) 34. Section 14— omit. Amendment of s 16 (Priority) 35.(1) Section 16, heading— omit, insert— "Application of proceeds of crop to costs of sugarcane protection ete.'. (2) Section 16(1) and (LA)— omit, insert— "16.(1) This Act is subject to the Workplace Relations Act 1997, chapter 9, part 2.15". Replacement of s 17 (Production of lien to owner of mill) 36.(1) Section 17— omit, insert— 'Notice of lien to be given to mill owner "17.(1) This section applies if— 14 Section 7B (Expiry of registration) 15 Workplace Relations Act 1997, chapter 9 (Records and wages), part 2 (Wages and occupational superannuation) Clause Clause 837 44 s 38 Justice Legislation (Bills of Sale, Stock Mortgages and Liens) Amendment (a) alienee holds a lien over a crop that is growing, or will be grown, on land all or part of which is assigned to a mill under the Sugar Industry Act 1991; and (b) the lien is registered; and (c) the lienee after the registration, or the renewal, transfer or assignment of the registration, gives to the owner of the mill a certified printed search result relating to the registration, renewal, transfer or assignment. '(2) The lienee or the assignee under the lien is entitled to be paid from the proceeds of the crop then next available the amount secured by the lien to the extent the proceeds allow. "(3) If the lien is discharged, the lienee must give to the owner of the mill a certified printed search result relating to the discharge of the registration as soon as possible after the discharge is registered. "(4) The owner of the mill is not affected by the registration, renewal, assignment, transfer or discharge of the lien until a certified printed search result relating to the registration, renewal, assignment, transfer or discharge is given to the owner by the lienee. "(5) In this section— "assignee" includes a transferee.'. Omission of ss 18-22 37. Sections 18 to 22— omit. Amendment of s 23 (Non-application of Bills of Sale Act etc.) 38. Section 23(2)— omit, insert— '(2) The provisions of this Act relating to registration do not apply to any lien on crops of sugarcane given by any person to the Crown as defined by the repealed State Securities Registration Act 1925 and the provisions of the Clause s 39 45 s 39 Justice Legislation (Bills of Sale, Stock Mortgages and Liens) Amendment repealed Act relating to those liens continue to have effect. "(3) Also, for deciding priority under this Act between or among liens, a lien registered under the repealed State Securities Registration Act 1925 is taken to be registered under this Act. "(4) Subsections (2) and (3) and this subsection expire 10 years after the commencement of this subsection.'. Replacement of s 23A (Delegations) 39. Section 23 A— omit, insert— 'False or misleading statements '23A.(1) A person must not state anything to an official the person knows is false or misleading in a material particular. Maximum penalty—S0 penalty units or | year's imprisonment. "(2) It is enough for a complaint for an offence against subsection (1) to state the statement made was 'false or misleading' to the person's knowledge, without stating which. 'False or misleading documents '23B.(1) A person must not give an official a document containing information the person knows is false or misleading in a material particular. Maximum penalty—S0 penalty units or | year's imprisonment. "(2) Subsection (1) does not apply to a person if the person, when giving the document— (a) tells the official, to the best of the person's ability, how it is false, misleading or incomplete; and (b) if the person has, or can reasonably obtain, the correct information—gives the correct information. "(3) It is enough for a complaint for an offence against subsection (1) to state the document was 'false or misleading' to the person's knowledge, without stating which. Clause s 40 46 s 40 Justice Legislation (Bills of Sale, Stock Mortgages and Liens) Amendment 'Protection from liability *23C.(1) An official does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act. '(2) If subsection (1) prevents a civil liability attaching to an official, liability attaches instead to the State. 'Delegations '23D.(1) The chief executive may delegate the chief executive's powers under this Act to an appropriately qualified officer or employee of the department. "(2) In this section— "appropriately qualified", for a person to whom a power under this Act may be delegated, includes having the qualifications, experience or standing appropriate to exercise the power. Example of 'standing '— A person's classification level in the public service.'. Insertion of new ss 26-30 40. After section 25— insert— 'Transitional provisions about register '26.(1) The register of liens on sugarcane kept under this Act immediately before the commencement of this section from the commencement continues as the register of liens kept under section 5. '(2) This section expires the day after it commences. 'Transitional provision about registered instruments '27.(1) Each instrument registered under this Act immediately before the commencement of this section is taken to be a registered lien. '(2) The particulars of each lien registered in the register of liens on s 40 47 s 40 Justice Legislation (Bills of Sale, Stock Mortgages and Liens) Amendment sugarcane immediately before the commencement are taken to be included in the register of liens kept under section 5. "(3) This section expires the day after it commences. 'Transitional provisions about existing liens '28.(1) This section applies to each instrument registered under this Act before the commencement of this section ("existing liens"). '(2) Each existing lien expires as follows— (a) ifregistered in 1993—S years after the commencement; (b) ifregistered in 1994—46 years after the commencement; (c) ifregistered in 1995—7 years after the commencement; (d) ifregistered in 1996—8 years after the commencement; (e) ifregistered in 1997—9 years after the commencement; (f) if registered after 1997 but before the commencement—10 years after the commencement. "(3) This section expires 10 years after the commencement. 'Transitional provision about expiry of registered liens *29.(1) Section 10(2) of this Act, as in force immediately before the commencement of this section, from the commencement continues to have effect, but only for deciding when the registration of a lien executed before the commencement expires. '(2) This section expires 2 years after it commences. 'Saving of priority—Justice Legislation (Bills of Sale, Stock Mortgages and Liens) Amendment Act 1998 "30.(1) This section applies to registered liens that immediately before the commencement of this section were instruments registered under this Act. '(2) The provisions of this Act for deciding priority, as in force immediately before the commencement, continue to have effect for deciding s 40 48 s 40 Justice Legislation (Bills of Sale, Stock Mortgages and Liens) Amendment priority of those registered liens after the commencement. "(3) This section applies despite section 71.16'. 16 Section 7I (Priority of liens) Justice Legislation (Bills of Sale, Stock Mortgages and Liens) Amendment SCHEDULE MINOR AMENDMENTS TO BILLS OF SALE AND OTHER INSTRUMENTS ACT 1955 section 3 1. Section 6(1), definition "bill of sale", paragraph (b), 'and transfers' — omit. 2. Section 6(1), definition "bill of sale", paragraph (i), 'grantor'— omit, insert— 'borrower'. 3. Section 6(1), definition "bill of sale", paragraph (1), 'grantor'— omit, insert— 'borrower'. 4. Section 6(1), definition "book debts", 'or transfer'— omit. 5. Section 6(1), definition "executed", 'grantor'— omit, insert— 'borrower'. Justice Legislation (Bills of Sale, Stock Mortgages and Liens) Amendment SCHEDULE (continued) 6. Section 6(1), definition "executed", 'grantor's'— omit, insert— 'borrower's'. 7. Section 6(1), definition "executed", 'grantee'— omit, insert— 'lender'. 8. Section 6(1), definition "executed", 'grantee's'— omit, insert— 'lender's'. 9. Sections 6(2) and (2A), 27, 29(1), 30, 31(1A), 32(3), 34(1), 36, 45(1), schedule 4, sections 1 to 4, schedule 5, sections 1, 2, 3, 4 and 5 and schedule 6, 'grantee'— omit, insert— 'lender'. 10. Sections 6(2A), 21, 27(1), 29(1), 30, 32(3), 34(1), 35, 36, 39, 45(2), schedule 4, sections 1 to 4, schedule 5, section 1, 3, 4 and 5 and schedule 6, 'grantor'— omit, insert— 'borrower'. 11. Section 20(1), 'a transfer'— omit, insert— 'an assignment'. Justice Legislation (Bills of Sale, Stock Mortgages and Liens) Amendment SCHEDULE (continued) 12. Section 23, 'sections 21 and 22'— omit, insert— 'section 21'. 13. Section 42, 'grantors'— omit, insert— 'borrowers'. 14. Section 42, 'grantees'— omit, insert— 'lenders'. 15. Section 49, heading, 'Registrar'— omit, insert— 'Chief executive'. 16. Section 49(1), 'registrar under this Act'-— omit, insert— 'chief executive'. 17. Schedule 5, sections 1, 3, 4 and 5, 'grantee's'— omit, insert— 'lender's'. Justice Legislation (Bills of Sale, Stock Mortgages and Liens) Amendment SCHEDULE (continued) 18. Schedule 5, sections 1 and 3 and schedule 6 'grantor's'— omit, insert— "'borrower's'. © State of Queensland 1998