Personal Property Securities (Commonwealth Powers) Act 2010 (Tas)

Personal Property Securities (Commonwealth Powers) Act 2010

An Act to adopt the Personal Property Securities Act 2009 of the Commonwealth as amended by the Personal Property Securities (Consequential Amendments) Act 2009 of the Commonwealth and the Personal Property Securities (Corporations and Other Amendments) Act 2010 of the Commonwealth, and to refer certain matters relating to security interests in personal property to the Parliament of the Commonwealth for the purposes of section 51(xxxvii) of the Constitution of the Commonwealth [Royal Assent 17 September 2010]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1. Short title This Act may be cited as the Personal Property Securities (Commonwealth Powers) Act 2010 .

2. Commencement (1) Except as provided in subsection (2) this Act commences on a day to be proclaimed. (2) Section 8(2) and (3) commence on a day to be proclaimed and different days may be proclaimed for different provisions.

3. Interpretation In this Act, unless the contrary intention appears – adoption means the adoption under section 6(1) ; amendment reference means a reference under section 8(1) , (2) or (3) ; Commonwealth PPS Act means the Personal Property Securities Act 2009 of the Commonwealth as amended by the Personal Property Securities (Consequential Amendments) Act 2009 of the Commonwealth and the Personal Property Securities (Corporations and Other Amendments) Act 2010 of the Commonwealth and as in force from time to time; Commonwealth PPS instrument means any instrument (whether or not of a legislative character) that is made or issued under the Commonwealth PPS Act; crops includes (but is not limited to) the kinds of things that are included in the definition of "crops" for the purposes of the Commonwealth PPS Act; excluded State statutory right means a State statutory right that is declared by the law of the State by or under which it is granted not to be personal property for the purposes of the Commonwealth PPS Act; express amendment of the Commonwealth PPS Act means the direct amendment of the text of that Act (whether by the insertion, omission, repeal, substitution or relocation of words or matter) by another Commonwealth Act or by an instrument under a Commonwealth Act, but does not include the enactment by a Commonwealth Act of a provision that has or will have substantive effect otherwise than as part of the text of the Commonwealth PPS Act; fixtures means goods, other than crops, that are affixed to land; general law means the principles and rules of the common law and equity to the extent to which they have effect in the State from time to time; goods means personal property that is tangible property, and includes (but is not limited to) the kinds of things that are included in the definition of "goods" for the purposes of the Commonwealth PPS Act; interest, in relation to property, includes a right in the property; land includes all estates and interests in land, whether freehold, leasehold or chattel, but does not include goods that are affixed to land; law of the State means any Act of the State or any instrument made under such an Act, whenever enacted or made and as in force from time to time; licence means either of the following: (a) a transferable right, entitlement or authority to do one or more of the following: (i) to manufacture, produce, sell, transport or otherwise deal with personal property; (ii) to provide services; (iii) to explore for, exploit or use a resource; (b) a transferable authority to exercise rights comprising intellectual property – but does not include an excluded State statutory right; personal property means property (including a licence) other than – (a) land; or (b) an excluded State statutory right; referred PPS matters, in relation to personal property, has the meaning given in section 4 ; register means any system for recording interests or information (whether in written or electronic form); relevant version of the Commonwealth PPS Act means the Personal Property Securities Act 2009 of the Commonwealth as originally enacted, and as later amended by the Personal Property Securities (Consequential Amendments) Act 2009 of the Commonwealth and the Personal Property Securities (Corporations and Other Amendments) Act 2010 of the Commonwealth ; security interest in personal property has the meaning given in section 5 ; State statutory right means a right, entitlement or authority that is granted by or under a law of the State; transferable, in relation to a right, entitlement or authority, means transferable under the general law or a law of the State by the holder of the right, entitlement or authority (whether or not the right, entitlement or authority is exclusive, and whether or not a transfer is restricted or requires consent); water right means a right, entitlement or authority, whether or not exclusive, that is granted by or under the general law or a law of the State in relation to the control, use or flow of water, but does not include an excluded State statutory right.