Personal Property Securities (Ancillary Provisions) Act 2010An Act to provide for matters ancillary to the referral of matters by the Personal Property Securities (Commonwealth Powers) Act 2009 to the Parliament of the Commonwealth, to repeal the Bills of Sale and Other Instruments Act 1955, the Liens on Crops of Sugar Cane Act 1931 and the Motor Vehicles and Boats Securities Act 1986, to amend the Cooperatives Act 1997 and to make consequential amendments to the legislation mentioned in chapter 4Chapter 1Preliminary1Short titleThis Act may be cited as the Personal Property Securities (Ancillary Provisions) Act 2010.2CommencementThis Act, other than sections 3 and 4 and chapter 2, part 1, commences on a date to be fixed by proclamation.3PurposeThe purpose of this Act is to enact ancillary provisions, including transitional provisions, relating to the enactment of the Personal Property Securities Act 2009 (Cwlth).4DefinitionsIn this Act—account has the meaning given by the PPS Act, section 10.application closing time, for an application under a Queensland register Act, means—(a)if the application is made online—(i)5.00pm on the last business day immediately before the registration commencement time; or(ii)an earlier day prescribed by regulation; or
(b)if the application is made on paper—(i)5.00pm on the day before the last business day immediately before the registration commencement time; or(ii)an earlier day prescribed by regulation.
attaches, in relation to a security interest, has the meaning given by the PPS Act, section 19.chattel paper has the meaning given by the PPS Act, section 10.circulating asset has the meaning given by the PPS Act, section 340.grantor has the meaning given by the PPS Act, section 10.perfected, in relation to a security interest, has the meaning given by the PPS Act, section 21.personal property has the meaning given by the PPS Act, section 10.PPS Act means the Personal Property Securities Act 2009 (Cwlth).PPS register means the Personal Property Securities Register under the PPS Act.PPS registrar means the Registrar of Personal Property Securities under the PPS Act.Queensland register means any of the following—(a)the register of security interests kept under the Bills of Sale and Other Instruments Act 1955;(b)the register of cooperative charges kept under the Cooperatives Act 1997;(c)the register of liens kept under the Liens on Crops of Sugar Cane Act 1931;(d)the register of security interests kept under the Motor Vehicles and Boats Securities Act 1986.
Queensland register Act means any of the following—(a)the Bills of Sale and Other Instruments Act 1955;(b)the Cooperatives Act 1997;(c)the Liens on Crops of Sugar Cane Act 1931;(d)the Motor Vehicles and Boats Securities Act 1986.
registration commencement time has the meaning given by the PPS Act, section 306.security interest has the meaning given by the PPS Act, section 12.5References to charges and fixed and floating charges(1)This section applies to a reference in an Act or other document to a charge, fixed charge or floating charge over property, but only to the extent that—(a)the charge referred to is attached to personal property; and(b)title in the personal property to which the charge is attached is in the grantor; and(c)the charge is a security interest to which the PPS Act applies.
(2)However, this section does not apply to—(a)a reference to a charge, a fixed charge or a floating charge if the charge referred to is a perfected security interest that is provided for by a transfer of an account or chattel paper; or(b)any other reference, or class of reference, prescribed under a regulation, to a charge, fixed charge or floating charge.
(3)On and from the registration commencement time—(a)a reference to a charge over property is taken to be a reference to a security interest that is attached to—(i)a circulating asset; or(ii)personal property that is not a circulating asset; and
(b)a reference to a fixed charge over property is taken to be a reference to a security interest that is attached to personal property that is not a circulating asset; and(c)a reference to a floating charge over property is taken to be a reference to a security interest that is attached to a circulating asset.
Chapter 2Migration of personal property dataPart 1General6Giving of information to PPS registrar(1)The chief executive is authorised to give the Commonwealth, the PPS registrar or any other officer of the Commonwealth information recorded in, or concerning the use of, a Queensland register that the chief executive considers appropriate in order to assist the PPS registrar to establish the PPS register.(2)The chief executive may give the information in whatever form the chief executive considers appropriate including by means of electronic data or in an approved form under the PPS Act.(3)This section applies despite any other Act or law.7Protection from liability(1)An official does not incur civil liability for an act done, or omission made, honestly and without negligence in relation to the giving of information under section 6.(2)If subsection (1) prevents a civil liability attaching to an official, liability attaches instead to the State.(3)In this section—official means—(a)the chief executive; or(b)an officer or employee of the department; or(c)a public service employee to whom the chief executive delegated powers under a Queensland register Act.
8Delegation(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 includes having the qualifications, experience or standing appropriate to exercise the power.9Regulation-making power(1)The Governor in Council may make regulations under this Act.(2)Without limiting subsection (1), a regulation may be made about the fees payable under this Act and the matters for which the fees are payable.Part 2Transitional provisions10ProceedingsA proceeding relating to a matter arising under the provisions of a Queensland register Act that was commenced before the commencement of this part, but was not finally decided as at the commencement, may continue to be dealt with or otherwise decided as if those provisions had not been repealed.11Offences(1)This section applies if a person is alleged to have committed an offence against a Queensland register Act before the commencement of this part.(2)Despite the Criminal Code, section 11, a proceeding for the offence may be started or continued, and the court may hear and decide the proceeding, as if this Act, other than this section, had not commenced.Chapter 3Acts with Queensland registersPart 1Bills of Sale and Other Instruments Act 1955Division 1Repeal12RepealThe Bills of Sale and Other Instruments Act 1955, No. 16 is repealed.Division 2Transitional provisions13Definitions for div 2In this division—existing Act means the Bills of Sale and Other Instruments Act 1955 as in force immediately before its repeal.repeal means repeal of the existing Act.14Words have meanings given by existing ActA word used in this division and defined under the existing Act has the same meaning as it had under the existing Act.15Continuing of provisions of existing ActIf, despite the repeal, a provision of the existing Act (the primary provision) is continued in effect for a purpose under this division, any other provision of the existing Act (a related provision) mentioned in the primary provision is also continued in effect to the extent necessary for the purposes of the continued application of the primary provision.16Applications for registration or renewal of registration of security interests(1)This section applies if, after the application closing time, the chief executive receives an application for the registration, or renewal of registration, of a security interest.(2)Despite sections 9, 10 and 11 of the existing Act, the chief executive—(a)can not deal with the application after the application closing time; and(b)must refund any fee that accompanied the application.
17Inspection of register(1)Despite the repeal, section 13 of the existing Act continues to apply for a period of 2 years after the repeal in relation to particulars included in the former register in the period starting 7 years before the repeal and ending at the repeal.(2)A regulation may prescribe a fee for inspecting the former register.(3)The chief executive must keep a copy of the information contained in the former register, as it existed immediately before the repeal, for 7 years after the repeal.(4)For section 13(1)(a) of the existing Act, the offices of the department at the following places are offices where the register may be inspected—(a)Brisbane;(b)Cairns;(c)Mackay;(d)Maroochydore;(e)Rockhampton;(f)Southport;(g)Townsville.
(5)In this section—former register means the register of security interests required to be kept under section 8 of the existing Act.18Requests for registration of confiscation orders(1)This section applies if, after the application closing time, the chief executive receives a request for the registration of a confiscation order in relation to chattels of a person or creating a charge over the chattels of a person.(2)Despite section 15 of the existing Act, the chief executive can not deal with the request after the application closing time.19Applications for registration of assignments of registered security interests(1)This section applies if, after the application closing time, the chief executive receives an application for the registration of an assignment of a registered security interest.(2)Despite sections 16 and 17 of the existing Act, the chief executive—(a)can not deal with the application after the application closing time; and(b)must refund any fee that accompanied the application.
20Applications for discharge of registered security interests(1)This section applies if, after the application closing time, the chief executive receives an application for the full or partial discharge of a registered security interest.(2)Despite sections 18C and 18D of the existing Act, the chief executive—(a)can not deal with the application after the application closing time; and(b)must refund any fee that accompanied the application.
21Requests to register discharge or change in particulars(1)This section applies if—(a)before the repeal, the borrower in relation to a registered security interest made a request to the lender under section 18F(1) of the existing Act in relation to the security interest; and(b)at the time of the repeal, the lender had not complied with section 18F(2) of the existing Act in relation to the request.
(2)Despite the repeal, section 18F continues to apply to the request.(3)However, subsection (4) applies if the lender—(a)has been given a notice under section 18F(4); and(b)has not complied with section 18F(5)(a) or (b) before the end of the notice period.
(4)The chief executive must ask the PPS registrar to, in accordance with the request under section 18F(1)—(a)register the discharge in the PPS register; or(b)change the particulars included in the PPS register.
22Applications to change particulars in register(1)This section applies if, after the application closing time, the chief executive receives an application to change stated particulars included in the register in relation to an interest.(2)Despite section 18G of the existing Act, the chief executive—(a)can not deal with the application after the application closing time; and(b)must refund any fee that accompanied the application.
23Removal of particulars of improperly registered interests(1)This section applies if—(a)before the repeal, the chief executive gave a notice under section 18I(2) of the existing Act to a person who appeared to the chief executive to be the lender under an interest; and(b)at the time of the repeal, the person had not complied with the requirement in the notice.
(2)Despite the repeal, section 18I continues to apply to the registration of the interest.(3)However, subsection (4) applies if the person—(a)has been given a notice under section 18I(6); and(b)has not complied with section 18I(7)(a) or (b) before the end of the notice period.
(4)The chief executive must ask the PPS registrar to remove the particulars in relation to the interest from the PPS register.24Applications for compensation for loss(1)This section applies if a person suffers loss because an act or omission mentioned in section 18J of the existing Act was done or made before the repeal.(2)Despite the repeal, the person may apply for payment of compensation under section 18K of the existing Act.25Protection from liability(1)An official continues to incur no civil liability after the repeal for an act done, or omission made, honestly and without negligence in the performance or purported performance of functions under the existing Act if—(a)the act was done or the omission was made before the repeal; or(b)the act was done or the omission was made after the repeal in relation to a matter that was authorised to be done under this division after the repeal.
(2)If subsection (1) prevents a civil liability attaching to an official, liability attaches instead to the State.26Delegations(1)The chief executive may delegate, to an appropriately qualified public service employee, the chief executive’s powers under a provision of the existing Act that continues, under this division, to have effect after the repeal.(2)A delegation that was in force immediately before the repeal in relation to a provision of the existing Act that continues, under this division, to have effect after the repeal continues to have effect as a delegation under this section.Part 3Liens on Crops of Sugar Cane Act 1931Division 1Repeal35RepealThe Liens on Crops of Sugar Cane Act 1931, No. 37 is repealed.Division 2Transitional provisions36Definitions for div 2In this division—existing Act means the Liens on Crops of Sugar Cane Act 1931 as in force immediately before its repeal.repeal means repeal of the existing Act.37Words have meanings given by existing ActA word used in this division and defined under the existing Act has the same meaning as it had under the existing Act.38Continuing of provisions of existing ActIf, despite the repeal, a provision of the existing Act (the primary provision) is continued in effect for a purpose under this division, any other provision of the existing Act (a related provision) mentioned in the primary provision is also continued in effect to the extent necessary for the purposes of the continued application of the primary provision.39Applications for registration or renewal of registration of liens(1)This section applies if, after the application closing time, the chief executive receives an application for the registration, or renewal of registration, of a lien.(2)Despite sections 6, 7 and 7A of the existing Act, the chief executive—(a)can not deal with the application after the application closing time; and(b)must refund any fee that accompanied the application.
40Inspection of register(1)Despite the repeal, section 7C of the existing Act continues to apply for a period of 2 years after the repeal in relation to particulars included in the former register in the period starting 7 years before the repeal and ending at the repeal.(2)A regulation may prescribe a fee for inspecting the former register.(3)The chief executive must keep a copy of the information contained in the former register, as it existed immediately before the repeal, for 7 years after the repeal.(4)For section 7C(1)(a) of the existing Act, the offices of the department at the following places are offices where the register may be inspected—(a)Brisbane;(b)Cairns;(c)Mackay;(d)Maroochydore;(e)Rockhampton;(f)Southport;(g)Townsville.
(5)In this section—former register means the register of liens required to be kept under section 5 of the existing Act.41Requests for registration of confiscation orders(1)This section applies if, after the application closing time, the chief executive receives a request for the registration of a confiscation order made in relation to a security interest registered under the existing Act or creating a charge over a security interest registered under the existing Act.(2)Despite section 7DA of the existing Act, the chief executive can not deal with the request after the application closing time.42Applications for registration of assignments of registered liens(1)This section applies if, after the application closing time, the chief executive receives an application for registration of the assignment of a registered lien.(2)Despite sections 7E and 7F of the existing Act, the chief executive—(a)can not deal with the application after the application closing time; and(b)must refund any fee that accompanied the application.
43Applications for discharge of registered liens(1)This section applies if, after the application closing time, the chief executive receives an application for the full or partial discharge of a registered lien.(2)Despite sections 7J and 7K of the existing Act, the chief executive—(a)can not deal with the application after the application closing time; and(b)must refund any fee that accompanied the application.
44Requests to register discharge or change in particulars(1)This section applies if—(a)before the repeal, the lienor of a registered lien makes a request to the lienee under section 7M(1) of the existing Act in relation to the lien; and(b)at the time of the repeal, the lienee has not complied with section 7M(2) of the existing Act in relation to the request.
(2)Despite the repeal, section 7M continues to apply to the request.(3)However, subsection (4) applies if—(a)before the repeal, the lienee is given a notice under section 7M(4); and(b)at the time of the repeal, the lienee has not complied with section 7M(5)(a) or (b) before the end of the notice period.
(4)The chief executive must ask the PPS registrar to, in accordance with the request under section 7M(1)—(a)register the discharge in the PPS register; or(b)change the particulars included in the PPS register.
45Applications to change particulars in register(1)This section applies if, after the application closing time, the chief executive receives an application to change stated particulars included in the register relating to the lien.(2)Despite section 7N of the existing Act, the chief executive—(a)can not deal with the application after the application closing time; and(b)must refund any fee that accompanied the application.
46Applications for compensation for loss(1)This section applies if a person suffers loss because an act or omission mentioned in section 7P of the existing Act was done or made before the repeal.(2)The person may apply for payment of compensation under section 7Q of the existing Act.47Protection from liability(1)An official continues to incur no civil liability after the repeal for an act done, or omission made, honestly and without negligence in the performance or purported performance of functions under the existing Act if—(a)the act was done or the omission was made before the repeal; or(b)the act was done or the omission was made after the repeal in relation to a matter that was authorised to be done under this part after the repeal.
(2)If subsection (1) prevents a civil liability attaching to an official, liability attaches instead to the State.48Delegations(1)The chief executive may delegate, to an appropriately qualified public service employee, the chief executive’s powers under a provision of the existing Act that continues, under this division, to have effect after the repeal.(2)A delegation that was in force immediately before the repeal in relation to a provision of the existing Act that continues, under this division, to have effect after the repeal continues to have effect as a delegation under this section.Part 4Motor Vehicles and Boats Securities Act 1986Division 1Repeal49RepealThe Motor Vehicles and Boats Securities Act 1986, No. 24 is repealed.Division 2Transitional provisions50Definitions for div 2In this division—existing Act means the Motor Vehicles and Boats Securities Act 1986 as in force immediately before its repeal.repeal means repeal of the existing Act.51Words have meanings given by existing ActA word used in this division and defined under the existing Act has the same meaning as it had under the existing Act.52Continuing of provisions of existing ActIf, despite the repeal, a provision of the existing Act (the primary provision) is continued in effect for a purpose under this division, any other provision of the existing Act (a related provision) mentioned in the primary provision is also continued in effect to the extent necessary for the purposes of the continued application of the primary provision.53Applications for registration or renewal of registration of security interests(1)This section applies if, after the application closing time, the chief executive receives an application for the registration, or renewal of registration, of a security interest.(2)Despite sections 7 and 7A of the existing Act, the chief executive—(a)can not deal with the application after the application closing time; and(b)must refund any fee that accompanied the application.
54Requests for registration of confiscation orders(1)This section applies if, after the application closing time, the chief executive receives a request for the registration of a confiscation order applying to, or creating a charge over, a motor vehicle, boat or outboard motor.(2)Despite section 7D of the existing Act, the chief executive can not deal with the request after the application closing time.55Applications for registration of assignments of registered security interests(1)This section applies if, after the application closing time, the chief executive receives an application for the assignment of a registered security interest.(2)Despite sections 8 and 9 of the existing Act, the chief executive—(a)can not deal with the application after the application closing time; and(b)must refund any fee that accompanied the application.
56Applications for discharge of registered security interests(1)This section applies if, after the application closing time, the chief executive receives an application for the discharge of a registered security interest.(2)Despite sections 14 and 15 of the existing Act, the chief executive—(a)can not deal with the application after the application closing time; and(b)must refund any fee that accompanied the application.
57Applications to change particulars in register(1)This section applies if, after the application closing time, the chief executive receives an application to change particulars entered in the register for a registered security interest.(2)Despite section 18 of the existing Act, the chief executive—(a)can not deal with the application after the application closing time; and(b)must refund any fee that accompanied the application.
58Show cause notices about improperly registered security interests(1)This section applies to the following matters—(a)a notice in relation to a security interest given to a person by the chief executive under section 18A(2) of the existing Act, if the period stated in the notice had not expired before the repeal (an existing show cause notice);(b)the proposed removal by the chief executive of the particulars of a security interest included in the register following the giving of a notice under section 18A(5) of the existing Act, if the person had a right to apply to a Magistrates Court for an order maintaining the registration immediately before the repeal (an existing appeal decision);(c)an application to a Magistrates Court for an order maintaining the registration of the security interest that is pending, but not finally decided, immediately before the repeal (an existing appeal).
(2)Despite the repeal of section 18A of the existing Act, the following provisions apply—(a)the chief executive may deal with the existing show cause notice under section 18A(4);(b)the existing appeal decision may be the subject of an application to a Magistrates Court and may be dealt with by the court under the existing Act;(c)an existing appeal may be decided by the Magistrates Court under the existing Act;(d)as soon as practicable after the chief executive decides whether the interest is a security interest, the chief executive must give the PPS registrar written notice of the decision.
59Show cause notices about cancellation of registered security interests that have been discharged or extinguished(1)This section applies to a notice in relation to a security interest given to a person by the chief executive under section 20 of the existing Act, if the period stated in the notice had not expired before the repeal (also an existing show cause notice).(2)Despite the repeal of section 20 of the existing Act, the following provisions apply—(a)the chief executive may deal with the existing show cause notice under section 20;(b)as soon as practicable after the chief executive decides whether the registration should have been cancelled, the chief executive must give the PPS registrar written notice of the decision.
60Inspection of register(1)Despite the repeal, section 23 of the existing Act continues to apply for a period of 2 years after the repeal in relation to particulars included in the former register in the period starting 7 years before the repeal and ending at the repeal.(2)A regulation may prescribe a fee for inspecting the former register.(3)The chief executive must keep a copy of the information contained in the former register, as it existed immediately before the repeal, for 7 years after the repeal.(4)For section 23(1)(a) of the existing Act, the office of the department at Brisbane is prescribed as an office of the department where the register may be inspected.(5)In this section—former register means the register of security interests required to be kept under section 6 of the existing Act.61Applications for compensation for loss(1)Subsection (2) applies if a person who is the holder of a security interest that is mentioned in section 28(1) of the existing Act and extinguished under section 26(1) of the existing Act before the repeal suffers loss because of the extinguishment.(2)Despite the repeal, the person may apply for payment of compensation under section 28 of the existing Act.(3)Subsection (4) applies if a person who is the holder of a security interest extinguished under section 30(2) of the existing Act before the repeal suffers loss because of the extinguishment.(4)Despite the repeal, the person may apply for compensation under section 30(4) of the existing Act.62Compensation for repairing or replacing damaged property(1)This section applies if, before the repeal, there was an exercise or purported exercise of a power under a declared provision mentioned in section 30ZB(1) of the existing Act.(2)Despite the repeal, a person whose property was damaged because of the exercise or purported exercise of the power may apply for compensation under section 30ZB of the existing Act.63Protection from liability(1)A public service employee continues to incur no civil liability after the repeal for an act done, or omission made, honestly and without negligence in the performance or purported performance of functions under the existing Act if—(a)the act was done or the omission was made before the repeal; or(b)the act was done or the omission was made after the repeal in relation to a matter that was authorised to be done under this division after the repeal.
(2)If subsection (1) prevents a civil liability attaching to a public service employee, liability attaches instead to the State.64Delegations(1)The chief executive may delegate, to a person who is a public service employee, the chief executive’s powers under a provision of the existing Act that continues, under this division, to have effect after the repeal.(2)A delegation that was in force immediately before the repeal in relation to a provision of the existing Act that continues, under this division, to have effect after the repeal continues to have effect as a delegation under this section.