IP/N/1/AUS/O/5  
 
18 June 2013  
(13-3161)  Page: 1/65  
Council for Trade-Related Aspects 
of Intellectual Property Rights  Original: English/anglais/inglés  
 
NOTIFICATION OF OTHER INTELLECTUAL PROPERTY LAWS  
AND REGULATIONS UNDER ARTICLE 63.2  
OF THE TRIPS AGREEMENT 
AUSTRALIA  
This document reproduces the text1 of the Personal Property Securities (Consequential 
Amendments) Act 2009 , as notified by Australia on 22 May 2013 under Article 63.2 of the 
Agreement (see document IP/N/1/AUS/5). 
 
Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce 
 
AUTRES LOIS ET RÉGLEMENTATIONS CONSACRÉES À 
LA PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU  
TITRE DE L'ARTICLE 63:2 DE L'ACCORD 
AUSTRALIE  
Le présent document contient le texte1 de la Loi de 2009 sur les titres des biens personnels 
(modifications consécutives), notifiée par l'Australie le 22 mai 2013 au titre de l'article 63:2 de 
l'Accord (voir le document IP/N/1/AUS/5).  
Consejo de los Aspectos de los Derechos de Propiedad Intelectual relacionados con el Comercio 
  
OTRAS LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD 
INTELECTUAL NOTIFICADOS EN VIRTUD DEL PÁRRAFO 2 
DEL ARTÍCULO 63 DEL ACUERDO 
A
USTRALIA  
En el presente documento se reproduce el texto1 de la Ley de 2009 de Garantía de Bienes Muebles 
(Modificaciones Consecutivas), notificado por Australia el 22 de mayo de 2013 en virtud de lo dispuesto en el párrafo 2 del artículo 63 de l Acuerdo (véase el documento IP/N/1/AUS/5). 
                                               
1 In English only./En anglais seulement./En inglés solamente. IP/N/1/AUS/O/5 
 
- 2 - 
 
  PP 3-65 - Offset (Pdf file attached) 
PP 3 à 65 - Offset (fichier Pdf joint) PP 3-65 - Offset (fichero Pdf adjunto)   
Personal Property Securities 
(Consequential Amendments) Act 2009 
Act No.  131 of 2009  as amended 
This compilation was prepared on 30 January 2012 
taking into account amendments up to Act No. 96 of 2010  
The text of any of those amendments not in force 
on that date is appended in the Notes section 
The operation of amendments that have been incorporated may be  
affected by application provisions that are set out in the Notes section 
Prepared by the Office of Legislative Drafting and Publishing, 
Attorney-General’s Department, Canberra  
   
   
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Personal Property Securities (Consequential Amendments) Act 2009               iii  Contents 
1 Short title [ see Note 1]  ....................................................................... 1 
2 Commencement  .................................................................................  1 
3 Schedule(s)  ........................................................................................ 4 
Schedule 1—Fisheries legislation  5 
Fisheries Management Act 1991  5 
Torres Strait Fisheries Act 1984  11 
Schedule 2—Intellectual property legislation  13 
Designs Act 2003  13 
Patents Act 1990  15 
Plant Breeder’s Rights Act 1994  17 
Trade Marks Act 1995  17 
Schedule 3—Maritime legislation  21 
Admiralty Act 1988  21 
Marine Navigation Levy Collection Act 1989  21 
Marine Navigation (Regulatory Functions) Levy Collection  
Act 1991  21 
Navigation Act 1912  21 
Protection of the Sea (Civil Liability) Act 1981  23 
Protection of the Sea (Harmful Anti-fouling Systems) Act 2006  24 
Protection of the Sea (Prevention of Pollution from Ships) Act 1983  24 
Protection of the Sea (Shipping Levy Collection) Act 1981  24 
Shipping Registration Act 1981  24 
Schedule 4—Personal Property Securities Act 2009  30 
Schedule 5—Other legislation  44 
Air Services Act 1995  44 
Bankruptcy Act 1966  45 
Commonwealth Inscribed Stock Act 1911  48 
Corporations (Aboriginal and Torres Strait Islander) Act 2006  48 
Health Insurance Act 1973  49 
Insurance Act 1973  50 
Privacy Act 1988  50 
Quarantine Act 1908  52 
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iv            Personal Property Securities (Consequential Amendments) Act 2009        Wool International Act 1993  53 
Notes  57 
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Personal Property Securities (Consequential Amendments) Act 2009                1  An Act to deal with consequential matters arising 
from the enactment of the Personal Property 
Securities Act 2009 , to amend that Act, and for 
related purposes 
1  Short title  [see Note 1] 
  This Act may be cited as the Personal Property Securities 
(Consequential Amendments) Act 2009 . 
2  Commencement 
 (1) Each provision of this Act specified in column 1 of the table 
commences, or is taken to have commenced, in accordance with 
column 2 of the table. Any other statement in column 2 has effect 
according to its terms. 
 
Commencement information  
Column 1  Column 2  Column 3  
Provision(s)  Commencement  Date/Details  
1.  Schedules  1, 2 
and 3  The registration commencement time within 
the meaning of section  306 of the Personal 
Property Securities Act 20 09. 
However, the provision(s) do not commence 
at all if the Personal Property Securities Act 
2009  does not commence.  30 January 2012  
(see 
F2011L02397)  
2.  Schedule  4, 
items  1 to 7  The later of:  
(a) the start of the day this Act receives the 
Royal Assent; and 
(b) immediately after the commencement of 
the Personal Property Securities Act 
2009 . 
However, the provision(s) do not commence 
at all if the event mentioned in paragraph  (b) 
does not occur.  15 December 
2009  
(paragraph (b) 
applies)  
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Section 2  
 
 
2            Personal Property Securities (Consequential Amendments) Act 2009        Commencement information  
Column 1  Column 2  Column 3  
Provision(s)  Commencement  Date/Details  
3.  Schedule  4, 
item 8 The latest of:  
(a) the start of the day this Act receives the 
Royal Assent; and  
(b) immediately after the commencement of 
the Personal Property Securities Act 
2009 ; and  
(c) the start of the day on which section  3 of 
the National Consumer Credit Protecti on 
Act 2009  commences.  
However, the provision(s) do not commence 
at all if either of the events mentioned in 
paragraphs  (b) and (c) does not occur.  1 April 2010  
(paragraph (c) 
applies)  
4.  Schedule  4, 
items  9 to 35  The later of:  
(a) the start of the day t his Act receives the 
Royal Assent; and  
(b) immediately after the commencement of 
the Personal Property Securities Act 
2009 . 
However, the provision(s) do not commence 
at all if the event mentioned in paragraph  (b) 
does not occur.  15 December 
2009  
(paragraph  (b) 
applies)  
5.  Schedule  4, 
item 36 The latest of:  
(a) the start of the day this Act receives the 
Royal Assent; and  
(b) immediately after the commencement of 
the Personal Property Securities Act 
2009 ; and  
(c) the start of the day on which section  3 of 
the National Consumer Credit Protection 
Act 2009  commences.  
However, the provision(s) do not commence 
at all if either of the events mentioned in 
paragraphs  (b) and (c) does not occur.  1 April 2010  
(paragraph (c) 
applies)  
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Section 2 
 
 
Personal Property Securities (Consequential Amendments) Act 2009             3  Commencement information  
Column 1  Column 2  Column 3  
Provision(s)  Commencement  Date/Details  
6.  Schedule  4, 
items  37 to 64  The later of:  
(a) the start of the day this Act receives the 
Royal Assent; and  
(b) immediately after the commencement of 
the Personal Property Securities Act 
2009 . 
However, the provision(s) do not commence 
at all if the event mentioned in paragraph  (b) 
does n ot occur.  15 December 
2009  
(paragraph (b) 
applies)  
7.  Schedule  5, 
items  1 to 18  The registration commencement time within 
the meaning of section  306 of the Personal 
Property Securities Act 2009 . 
However, the provision(s) do not commence 
at all if the Personal Property Securities Act 
2009  does not commence.  30 January 2012  
(see 
F2011L02397)  
8.  Schedule  5, 
items  19 and 20  The later of:  
(a) the start of the day this Act receives the 
Royal Assent; and  
(b) immediately after the commencement of 
the Personal P roperty Securities Act 
2009 . 
However, the provisions do not commence 
at all if the event mentioned in paragraph  (b) 
does not occur.  15 December 
2009  
(paragraph (b) 
applies)  
9.  Schedule  5, 
items  21 to 50  The registration commencement time within 
the meani ng of section  306 of the Personal 
Property Securities Act 2009 . 
However, the provision(s) do not commence 
at all if the Personal Property Securities Act 
2009  does not commence.  30 January 2012  
(see 
F2011L02397)  
Note: This table relates only to the provisions of this Act as originally 
passed by both Houses of the Parliament and assented to. It will not be 
expanded to deal with provisions inserted in this Act after assent. 
 (2) Column 3 of the table contains additional information that is not 
part of this Act. Information in this column may be added to or 
edited in any published version of this Act. 
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Section 3  
 
 
4            Personal Property Securities (Consequential Amendments) Act 2009        3  Schedule(s) 
  Each Act that is specified in a Schedule to this Act is amended or 
repealed as set out in the applicable items in the Schedule 
concerned, and any other item in a Schedule to this Act has effect 
according to its terms. 
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         - 10 -Fisheries legislation  Schedule 1  
   
 
 
 
 
 
Personal Property Securities (Consequential Amendments) Act 2009             5   
Schedule 1— Fisheries legislation 
   
Fisheries Management Act 1991  
1  Subsection 4(1) 
Insert: 
PPSA security interest  (short for Personal Property Securities Act 
security interest) means: 
 (a) a security interest within the meaning of the Personal 
Property Securities Act 2009  and to which that Act applies 
(other than a transitional security interest within the meaning 
of that Act); or 
 (b) a transitional security interest within the meaning of that Act, 
and to which Division 4 of Part 9.4 of that Act applies. 
Note 1: The Personal Property Securities Act 2009  applies to certain security 
interests in personal property. See the following provisions of that 
Act: 
(a) section 8 (interests to which the Act does not apply); 
(b) section 12 (meaning of security interest ); 
(c) Chapter 9 (transitional provisions). 
Note 2: For the meaning of transitional security interest , see section 308 of 
the Personal Property Securities Act 2009 . Division 4 of Pa rt 9.4 of 
that Act applies to transitional security interests in situations including 
the bankruptcy or insolvency of a secured party, grantor or debtor. 
2  Subsection 4(1) 
Insert: 
statutory fishing rights option  has the meaning given by 
section 31A. 
3  Subsection 31A(1) 
Omit “statutory fishing rights option”, substitute “ statutory fishing 
rights option ”. 
4  Subsection 31A(4) 
Omit “ statutory fishing rights option ”, substitute “statutory fishing 
rights option”.  
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6            Personal Property Securities (Consequential Amendments) Act 2009        5  At the end of subsection 31F(1) 
Add “, other  than an interest that is a PPSA security interest”.  
Note 1: The heading to section 31F is altered by omitting “ Creation etc. of interests ” and 
substituting “ Registration of dealings ”. 
Note 2: The following heading to subsection 31F(1) is inserted “ Scope ”. 
Note 3: The following heading to subsection 31F(2) is inserted “ Registration of dealings ”. 
Note 4: The following heading to subsection 31F(6) is inserted “ Partial assignment of statutory 
fishing rights options ”. 
Note 5: The following heading to subsection 31F(7) is inserted “ Refusal to register dealings ”. 
Note 6: The following heading to subsection 31F(8) is inserted “ Documentation of registration 
of dealings ”. 
6  Subsection 31F(9) 
Repeal the subsection. 
7  After section 31F  
Insert: 
31FA  Interests in statutory fishing rights options —priority between 
section 31F interests and PPSA security interests 
Scope 
 (1) This section sets out the priority between the following interests in 
a statutory fishing rights option: 
 (a) an interest (the section 31F interest ) that is the subject of a 
dealing (the section 31F dealing ), if the dealing has effect 
under section 31F (by registration); 
 (b) a PPSA security interest. 
Priority rules 
 (2) The priority is as set out in the following table: 
 
Priority between PPSA security  interests and section  31F interests  
Item  If …  then …  
1 the PPSA security interest is not 
perfected (whether by registration or 
otherwise) within the meaning of the the section  31F interest has priority.  
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         - 12 -Fisheries legislation  Schedule 1  
   
 
 
 
 
 
Personal Property Securities (Consequential Amendments) Act 2009             7  Priority between PPSA security  interests and section  31F interests  
Item  If …  then …  
Personal Property Securities Act 
2009  
2 (a) the P PSA security interest is 
perfected (whether by 
registration or otherwise) within 
the meaning of the Personal 
Property Securities Act 2009 ; 
and 
(b) the section  31F dealing is 
registered under section  31F of 
this Act before the priority time 
for the PPSA sec urity interest 
under section  55 of the Personal 
Property Securities Act 2009  the section  31F interest has priority.  
3 (a) the PPSA security interest is 
perfected (whether by 
registration or otherwise) within 
the meaning of the Personal 
Property Securities  Act 2009 ; 
and 
(b) the section  31F dealing is 
registered under section  31F of 
this Act at or after the priority 
time for the PPSA security 
interest under section  55 of the 
Personal Property Securities Act 
2009  the PPSA security interest has 
priority.  
 (3) Subsection 73(2) of the Personal Property Securities Act 2009  
applies to the section 31F interest. 
Note 1: The effect of subsection (3) is that the priority between a section 31F 
interest and a PPSA security interest in a statutory fishing rights 
option is to be determined in accordance with this Act rather than the 
Personal Property Securities Act 2009 . 
Note 2: Subsection 73(2) of the Personal Property Securities Act 2009  applies 
to section 31F interests that arise after the commencement of 
subsection (3) of this section (which commences at the registration 
commencement time within the meaning of the Personal Property 
Securities Act 2009 ). 
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         - 13 -Schedule 1   Fisheries legislation  
   
 
 
 
 
 
8            Personal Property Securities (Consequential Amendments) Act 2009        8  Subsection 31J(1) 
Omit “, subject only to any rights appearing in the Register to be vested 
in another person,”, substitute “, subject to this section,”.  
9  After subsection 31J(1) 
Insert: 
 (1A) A dealing mentioned in subsection (1) is subject to: 
 (a) any rights appearing in the Register to be vested in another 
person, other than any such rights that are PPSA security 
interests; and 
 (b) any rights or interests in the statutory fishing rights option 
that are PPSA security interests, to the extent provided by the 
Personal Property Securities Act 2009 . 
10  At the end of subsection 46(1) 
Add “, other than an interest that  is a PPSA security interest”.  
Note 1: The heading to section 46 is altered by omitting “ Creation etc. of interests ” and 
substituting “ Registration of dealings ”. 
Note 2: The following heading to subsection 46(1) is inserted “ Scope ”. 
Note 3: The following h eading to subsection 46(2) is inserted “ Registration of dealing ”. 
Note 4: The following heading to subsection 46(5) is inserted “ Documentation of registration of 
dealings ”. 
11  Subsection 46(6) 
Repeal the subsection. 
12  After section 46 
Insert: 
46A  Interests in fishing rights —priority between section 46 interests 
and PPSA security interests 
Scope 
 (1) This section sets out the priority between the following interests in 
a fishing right: 
 (a) an interest (the section 46 interest ) that is the subject of a 
dealing (the section 46 dealing), if the dealing has effect 
under section 46 (by registration); 
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Personal Property Securities (Consequential Amendments) Act 2009             9   (b) a PPSA security interest. 
Priority rules 
 (2) The priority is as set out in the following table: 
 
Priority between PPSA security interests and section  46 in terests  
Item  If …  then …  
1 the PPSA security interest is not 
perfected (whether by registration or 
otherwise) within the meaning of the 
Personal Property Securities Act 
2009  the section  46 interest has priority.  
2 (a) the PPSA security interest is 
perfe cted (whether by 
registration or otherwise) within 
the meaning of the Personal 
Property Securities Act 2009 ; 
and 
(b) the section  46 dealing is 
registered under section  46 of 
this Act before the priority time 
for the PPSA security interest 
under section  55 of the Personal 
Property Securities Act 2009  the section  46 interest has priority.  
3 (a) the PPSA security interest is 
perfected (whether by 
registration or otherwise) within 
the meaning of the Personal 
Property Securities Act 2009 ; 
and 
(b) the section  46 dealing is 
registered under section  46 of 
this Act at or after the priority 
time for the PPSA security 
interest under section  55 of the 
Personal Property Securities Act 
2009  the PPSA security interest has 
priority.  
 (3) Subsection 73(2) of the Personal Property Securities Act 2009  
applies to the section 46 interest. 
Note 1: The effect of subsection (3) is that the priority between a section 46 
interest and a PPSA security interest in a fishing right is to be 
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10            Personal Property Securities (Consequential Amendments) Act 2009        determined in accordance with this Act rather than the Personal 
Property Securities Act 2009 . 
Note 2: Subsection 73(2) of the Personal Property Securities Act 2009  applies 
to section 46 interests that arise after the commencement of 
subsection (3) of this section (which commences at the registration 
commencement time within the meaning of the Personal Property 
Securities Act 2009 ). 
13  Subsection 48(1) 
Omit “, subject only to any rights appearing in the Register to be vested 
in another person and to section 49,”, substitute “, subject to this 
section,”.  
14  After subsection 48(1) 
Insert: 
 (1A) A dealing mentioned in subsection (1) is subject to: 
 (a) section 49; and 
 (b) any rights appearing in the Register to be vested in another 
person, other than any such rights that are PPSA security 
interests; and 
 (c) any rights or interests in the fishing right that are PPSA 
security interests, to the extent provided by the Personal 
Property Securities Act 2009 . 
15  Subsection 50(3) 
Repeal the subsection. 
16  Subdivision F of Division 6 of Part 6 
Repeal the Subdivision, substitute: 
Subdivision F —Enforcement action under this Act prevails 
over other action  
108A  Seizure or forfeiture has effect despite other proceedings 
 (1) The seizure, detention or forfeiture of a boat or any other property 
(including fish) under this Act has effect despite: 
 (a) any or all of the following events (each of which is an 
admiralty event ): 
 (i) the arrest of the boat under the Admiralty Act 1988 ; 
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         - 16 -Fisheries legislation  Schedule 1  
   
 
 
 
 
 
Personal Property Securities (Consequential Amendments) Act 2009             11   (ii) the making of an order for the sale of the boat by a court 
in proceedings brought under the Admiralty Act 1988 ; 
 (iii) the sale of the boat under an order made by a court in 
proceedings brought under the Admiralty Act 1988 ; or 
 (b) any action (a PPSA event ) taken in relation to the 
enforcement under Part 4.3 of the Personal Property 
Securities Act 2009  of a PPSA security interest in the boat or 
other property. 
 (2) Subsection (1) has effect regardless of whether the seizure, 
detention or forfeiture, or the event that was the basis for the 
seizure, detention or forfeiture, occurred before or after the 
admiralty event or the PPSA event. 
18  Transitional —item 15 
(1) This item applies if: 
 (a) before the time that item 15 of this Schedule commenced, the 
Australian Fisheries Management Authority was required to 
give a person written notification under subsection 50(3) of 
the Fisheries Management Act 1991  (as in force at that time); 
and 
 (b) at that time, the Australian Fisheries Management Authority 
had not complied with the requirement. 
Note: Item 15 commences at the registration commencement time within the meaning of 
section 306 of the Personal Property Securities Act 2009 . 
(2) The Australian Fisheries Management Authority must comply with the 
requirement as if the repeal of subsection 50(3) of the Fisheries 
Management Act 1991  by item 15 of this Schedule had not happened. 
Torres Strait Fisheries Act 1984  
19  Subsection 3(1) 
Insert: 
PPSA security interest  (short for Personal Property Securities Act 
security interest) means: 
 (a) a security interest within the meaning of the Personal 
Property Securities Act 2009  and to which that Act applies 
(other than a transitional security interest within the meaning 
of that Act); or 
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         - 17 -Schedule 1   Fisheries legislation  
   
 
 
 
 
 
12            Personal Property Securities (Consequential Amendments) Act 2009         (b) a transitional security interest within the meaning of that Act, 
and to which Division 4 of Part 9.4 of that Act applies. 
Note 1: The Personal Property Securities Act 2009  applies to certain security 
interests in personal property. See the following provisions of that 
Act: 
(a) section 8 (interests to which the Act does not apply); 
(b) section 12 (meaning of security interest ); 
(c) Chapter 9 (transitional provisions). 
Note 2: For the meaning of transitional security interest , see section 308 of 
the Personal Property Securities Act 2009 . Division 4 of Part 9.4 of 
that Act applies to transitional security interests in situations including 
the bankruptcy or insolvency of a secured party, grantor or debtor. 
20  Section 52J 
Repeal the section, substitute: 
52J  Seizure or forfeiture has effect despite other proceedings 
 (1) The seizure, detention or forfeiture of a boat or any other property 
(including fish) under this Act has effect despite: 
 (a) any or all of the following events (each of which is an 
admiralty event ): 
 (i) the arrest of the boat under the Admiralty Act 1988 ; 
 (ii) the making of an order for the sale of the boat by a court 
in proceedings brought under the Admiralty Act 1988 ; 
 (iii) the sale of the boat under an order made by a court in 
proceedings brought under the Admiralty Act 1988 ; or 
 (b) any action (a PPSA event ) taken in relation to the 
enforcement under Part 4.3 of the Personal Property 
Securities Act 2009  of a PPSA security interest in the boat or 
other property. 
 (2) Subsection (1) has effect regardless of whether the seizure, 
detention or forfeiture, or the event that was the basis for the 
seizure, detention or forfeiture, occurred before or after the 
admiralty event or the PPSA event. 
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         - 18 -Intellectual property legislation  Schedule 2  
   
 
 
 
 
 
Personal Property Securities (Consequential Amendments) Act 2009             13   
Schedule 2—Intellectual property legislation 
   
Designs Act 2003 
1  Section 5 
Insert: 
PPSA security interest  (short for Personal Property Securities Act 
security interest) means: 
 (a) a security interest within the meaning of the Personal 
Property Securities Act 2009  and to which that Act applies 
(other than a transitional security interest within the meaning 
of that Act); or 
 (b) a transitional security interest within the meaning of that Act, 
and to which Division 4 of Part 9.4 of that Act applies. 
Note 1: The Personal Property Securities Act 2009  applies to certain security 
interests in personal property. See the following provisions of that 
Act: 
(a) section 8 (interests to which the Act does not apply); 
(b) section 12 (meaning of security interest ); 
(c) Chapter 9 (transitional provisions). 
Note 2: For the meaning of transitional security interest , see section 308 of 
the Personal Property Securities Act 2009 . Division 4 of Part 9.4 of 
that Act applies to transitional security interests in situations including 
the bankruptcy or insolvency of a secured party, grantor or debtor. 
2  After subsection 12(2) 
Insert: 
 (2A) Despite subsection (1), the recording in the Register of a right that 
is a PPSA security interest does not affect a dealing with an interest 
in a registered design. 
3  At the end of section 12 
Add: 
 (4) Subsection (3) does not apply in relation to an equity that is a 
PPSA security interest. 
Note: The Personal Property Securities Act 2009  deals with the rights of 
purchasers of personal property (including intellectual property such 
as designs) that is subject to PPSA security interests. That Act also 
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         - 19 -Schedule 2   Intellectual property legislation  
   
 
 
 
 
 
14            Personal Property Securities (Consequential Amendments) Act 2009        provides for the priority and enforcement of PPSA security interests. 
See the following provisions of that Act: 
(a) Part 2.5 (taking personal property free of security interests); 
(b) Part 2.6 (priority between security interests); 
(c) Chapter 4 (enforcement of security interests). 
4  After subsection 118(3) 
Insert: 
 (3A) This section does not apply in relation to any particulars recorded 
in the Register in relation to a PPSA security interest. 
Note: Certain particulars relating to registrations in respect of PPSA security 
interests under the Personal Property Securities Act 2009  are 
admissible in evidence: see section 174 of that Act. 
5  Section 119 
Before “A document”, insert “(1)”.  
6  At the end of section 119 
Add: 
 (2) However, subsection (1) does not restrict the admissibility in 
evidence in a court of a document or instrument in relation to a 
PPSA security interest. 
Note: Certain particulars relating to registrations in respect of PPSA security 
interests under the Personal Property Securities Act 2009  are 
admissible in evidence: see section 174 of that Act. 
7  Application of amendments of the Designs Act 2003 
(1) The amendment of the  Designs Act 2003  made by item 2 of this 
Schedule does not apply in relation to a dealing that starts before the 
time the item commences. 
(2) The amendment of the  Designs Act 2003  made by item 3 of this 
Schedule does not apply in relation to the enforcement of an equity if 
the equity starts to be enforced before the time the item commences. 
(3) The amendments of the Designs Act 2003  made by items 4, 5 and 6 of 
this Schedule do not apply in relation to any proceedings in a court or 
tribunal in relation to designs (or interests in designs) that are 
commenced before the time the items commence. 
Note: Items 2 to 6 commence at the registration commencement time within the meaning of 
section 306 of the Personal Property Securities Act 2009 . 
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         - 20 -Intellectual property legislation  Schedule 2  
   
 
 
 
 
 
Personal Property Securities (Consequential Amendments) Act 2009             15  Patents Act 1990  
8  Section 3 (list of definitions) 
Insert “PPSA security interest”. 
9  After subsection 189(2) 
Insert: 
 (2A) Despite subsection (1), the recording in the Register of a right that 
is a PPSA security interest does not affect a dealing with a patent. 
10  At the end of section 189 
Add: 
 (4) Subsection (3) does not apply in relation to an equity that is a 
PPSA security interest. 
Note: The Personal Property Securities Act 2009  deals with the rights of 
purchasers of personal property (including intellectual property such 
as patents) that is subject to PPSA security interests. That Act also 
provides for the priority and enforcement of PPSA security interests. 
See the following provisions of that Act: 
(a) Part 2.5 (taking personal property free of security interests); 
(b) Part 2.6 (priority between security interests); 
(c) Chapter 4 (enforcement of security interests). 
11  At the end of section 195 
Add: 
 (3) This section does not apply in relation to any particulars registered 
in the Register in relation to a PPSA security interest. 
Note: Certain particulars relating to registrations in respect of PPSA security 
interests under the Personal Property Securities Act 2009  are 
admissible in evidence: see section 174 of that Act. 
12  Section 196 
Before “A document”, insert “(1)”.  
13  At the end of section 196 
Add: 
 (2) However, subsection (1) does not restrict the admissibility in any 
proceedings of a document in relation to a PPSA security interest. 
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         - 21 -Schedule 2   Intellectual property legislation  
   
 
 
 
 
 
16            Personal Property Securities (Consequential Amendments) Act 2009        Note: Certain particulars relating to registrations in respect of PPSA security 
interests under the Personal Property Securities Act 2009  are 
admissible in evidence: see section 174 of that Act. 
14  Schedule 1 (Dictionary) 
Insert: 
PPSA security interest  (short for Personal Property Securities Act 
security interest) means: 
 (a) a security interest within the meaning of the Personal 
Property Securities Act 2009  and to which that Act applies 
(other than a transitional security interest within the meaning 
of that Act); or 
 (b) a transitional security interest within the meaning of that Act, 
and to which Division 4 of Part 9.4 of that Act applies. 
Note 1: The Personal Property Securities Act 2009  applies to certain security 
interests in personal property. See the following provisions of that 
Act: 
(a) section 8 (interests to which the Act does not apply); 
(b) section 12 (meaning of security interest ); 
(c) Chapter 9 (transitional provisions). 
Note 2: For the meaning of transitional security interest , see section 308 of 
the Personal Property Securities Act 2009 . Division 4 of Part 9.4 of 
that Act applies to transitional security interests in situations including 
the bankruptcy or insolvency of a secured party, grantor or debtor. 
15  Application of amendments of the Patents Act 1990 
(1) The amendment of the Patents Act 1990  made by item 9 of this 
Schedule does not apply in relation to a dealing that starts before the 
time the item commences. 
(2) The amendment of the  Patents Act 1990  made by item 10 of this 
Schedule does not apply in relation to the enforcement of an equity if 
the equity starts to be enforced before the time the item commences. 
(3) The amendments of the Patents Act 1990 made by items 11, 12 and 13 
of this Schedule do not apply in relation to any proceedings in a court or 
tribunal in relation to patents (or interests in patents) that are 
commenced before the time the items commence. 
Note: Items 9 to 13 commence at the registration commencement time within the meaning of 
section 306 of the Personal Property Securities Act 2009 . 
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Personal Property Securities (Consequential Amendments) Act 2009             17  Plant Breeder’s Rights Act 1994  
16  At the end of section 20 
Add: 
Note 1: The Personal Property Securities Act 2009  applies to PBR, and any 
licence in PBR, as intellectual property  (see paragraph (d) of the 
definition of that phrase in section 10 of that Act). That Act deals with 
security interests in personal property, including intellectual property 
and intellectual property licences. 
Note 2: Section 106 of the Personal Property Securities Act 2009  corresponds 
to subsection 20(3) of this section. Section 106 of that Act provides 
for security agreements in relation to intellectual property licences (or 
sub-licences) to be binding on successors in title to the licences (or 
sub-licences). 
17  At the end of section 25 
Add: 
Note: The Personal Property Securities Act 2009  deals with security 
interests in personal property, including a right to apply for PBR. 
Trade Marks Act 1995 
18  Section 6 
Insert: 
PPSA security interest  (short for Personal Property Securities Act 
security interest) means: 
 (a) a security interest within the meaning of the Personal 
Property Securities Act 2009  and to which that Act applies 
(other than a transitional security interest within the meaning 
of that Act); or 
 (b) a transitional security interest within the meaning of that Act, 
and to which Division 4 of Part 9.4 of that Act applies. 
Note 1: The Personal Property Securities Act 2009  applies to certain security 
interests in personal property. See the following provisions of that 
Act: 
(a) section 8 (interests to which the Act does not apply); 
(b) section 12 (meaning of security interest ); 
(c) Chapter 9 (transitional provisions). 
Note 2: For the meaning of transitional security interest , see section 308 of 
the Personal Property Securities Act 2009 . Division 4 of Part 9.4 of 
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18            Personal Property Securities (Consequential Amendments) Act 2009        that Act applies to transitional security interests in situations including 
the bankruptcy or insolvency of a secured party, grantor or debtor. 
19  After subsection 22(2) 
Insert: 
 (2A) Despite subsection (1), the recording in the Register of a right that 
is a PPSA security interest does not affect a dealing with a trade 
mark. 
Note: For PPSA security interest  see section 6. 
20  At the end of section 22 
Add: 
 (4) Subsection (3) does not apply in relation to an equity that is a 
PPSA security interest. 
Note: The Personal Property Securities Act 2009  deals with the rights of 
purchasers of personal property (including intellectual property such 
as trade marks) that is subject to PPSA security interests. That Act 
also provides for the priority and enforcement of PPSA security 
interests. See the following provisions of that Act: 
(a) Part 2.5 (taking personal property free of security interests); 
(b) Part 2.6 (priority between security interests); 
(c) Chapter 4 (enforcement of security interests). 
21  Section 113 
Repeal the section, substitute: 
113  Application for registration of interest or right in trade mark 
Scope 
 (1) This section applies in relation to an interest in, or right in respect 
of, a registered trade mark, if the interest or right may not be 
recorded in the Register under Part 10. 
Application for registration of interest or right 
 (2) A person claiming the interest or right may apply to the Registrar 
to have particulars of the claim recorded in the Register. 
 (3) The application must: 
 (a) be in an approved form; and 
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Personal Property Securities (Consequential Amendments) Act 2009             19   (b) be accompanied by proof to the reasonable satisfaction of the 
Registrar of the applicant’s entitlement to the claimed interest 
or right; and 
 (c) be filed in accordance with the regulations. 
Note: For registered trade mark , approved form  and file see sec tion 6. 
22  Section 117 
Repeal the section, substitute: 
117  Application for recording of interest or right in trade mark 
Scope 
 (1) This section applies in relation to an interest in, or right in respect 
of, a trade mark, if a person has applied for the registration of the 
trade mark. 
Application for recording of interest or right 
 (2) A person claiming the interest or right may apply to the Registrar 
for a record to be kept of the claim. 
 (3) The application must: 
 (a) be in an approved form; and 
 (b) be accompanied by proof to the reasonable satisfaction of the 
Registrar of the applicant’s entitlement to the claimed interest 
or right; and 
 (c) be filed in accordance with the regulations. 
Note: For registered trade mark , approved form  and file see section 6. 
23  At the end of section 210 
Add: 
 (4) This section does not apply in relation to any particular or other 
matter entered in the Register in relation to a PPSA security 
interest. 
Note 1: For PPSA security interest  see section 6. 
Note 2: Certain particulars relating to registrations in respect of PPSA security 
interests under the Personal Property Securities Act 2009  are 
admissible in evidence: see section 174 of that Act. 
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20            Personal Property Securities (Consequential Amendments) Act 2009        24  Application of amendments of the Trade Marks Act 1995  
(1) The amendment of the Trade Marks Act 1995  made by item 19 of this 
Schedule does not apply in relation to a dealing that starts before the 
time the item commences. 
(2) The amendment of the  Trade Marks Act 1995  made by item 20 of this 
Schedule does not apply in relation to the enforcement of an equity if 
the equity starts to be enforced before the time the item commences. 
(3) The amendments of the Trade Marks Act 1995  made by items 21 and 22 
of this Schedule do not apply in relation to applications to the Registrar 
made under section 113 or 117 of that Act before the time the items 
commence. 
(4) The amendment of the Trade Marks Act 1995  made by item 23 of this 
Schedule does not apply in relation to any proceedings in a court or 
tribunal in relation to trade marks (or interests in trade marks) that are 
commenced before the time the item commences. 
Note: Items 19 to 23 commence at the registration commencement time within the meaning of 
section 306 of the Personal Property Securities Act 2009 . 
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Personal Property Securities (Consequential Amendments) Act 2009             21   
Schedule 3—Maritime legislation 
   
Admiralty Act 1988  
1  Section 32 
After “59”, insert “or 59A”. 
Marine Navigation Levy Collection Act 1989  
2  Section 10 
Before “Any”, insert “(1)”. 
3  At the end of section 10 
Add: 
 (2) While a ship is detained under subsection (1), a person does not 
have the power of seizure provided for by section 123 of the 
Personal Property Securities Act 2009  in relation to the ship. 
Marine Navigation (Regulatory Functions) Levy Collection 
Act 1991  
4  Section 9 
Before “Any”, insert “(1)”. 
5  At the end of section 9 
Add: 
 (2) While a ship is detained under subsection (1), a person does not 
have the power of seizure provided for by section 123 of the 
Personal Property Securities Act 2009  in relation to the ship. 
Navigation Act 1912  
6  Subsection 6(1) 
Insert: 
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22            Personal Property Securities (Consequential Amendments) Act 2009        PPSA security interest  (short for Personal Property Securities Act 
security interest) means: 
 (a) a security interest within the meaning of the Personal 
Property Securities Act 2009  and to which that Act applies 
(other than a transitional security interest within the meaning 
of that Act); or 
 (b) a transitional security interest within the meaning of that Act, 
and to which Division 4 of Part 9.4 of that Act applies. 
Note 1: The Personal Property Securities Act 2009  applies to certain security 
interests in personal property. See the following provisions of that 
Act: 
(a) section 8 (interests to which the Act does not apply); 
(b) section 12 (meaning of security interest ); 
(c) Chapter 9 (transitional provisions). 
Note 2: For the meaning of transitional security interest , see section 308 of 
the Personal Property Securities Act 2009 . Division 4 of Part 9.4 of 
that Act applies to transitional security interests in situations including 
the bankruptcy or insolvency of a secured party, grantor or debtor. 
7  Subsection 83(2) 
Omit “shall  have priority over all other liens.”, substitute:  
  has priority over: 
 (a) all other liens; and 
 (b) any PPSA security interest in the ship. 
8  After subsection 83(2) 
Insert: 
 (2A) Subsection 73(2) of the Personal Property Securities Act 2009  
applies to the lien for seamen’s wages.  
Note 1: The effect of subsection (2A) is that the priority between a lien for 
seamen’s wages and a PPSA security interest is to be determined in 
accordance with this Act rather than the Personal Property Securities 
Act 2009 . 
Note 2: Subsection 73(2) of the Personal Property Securities Act 2009  applies 
to liens for seamen’s wages that arise after the commencement of 
subsection (2A) of this section (which commences at the registration 
commencement time within the meaning of the Personal Property 
Securities Act 2009 ). 
9  After subsection 128(2) 
Insert: 
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Personal Property Securities (Consequential Amendments) Act 2009             23   (2A) A charge that arises under subsection (2) and that relates to 
expenses that are being recovered in the same court and manner as 
wages due to seamen has priority over a PPSA security interest in 
the ship. 
 (2B) Subsection 73(2) of the Personal Property Securities Act 2009  
applies to a charge covered by subsection (2A). 
Note 1: The effect of subsection (2B) is that the priority between a charge 
covered by subsection (2A) and a PPSA security interest is to be 
determined in accordance with this Act rather than the Personal 
Property Securities Act 2009 . 
Note 2: Subsection 73(2) of the Personal Property Securities Act 2009  applies 
to charges that are covered by subsection (2A) that arise after the 
commencement of subsection (2B) of this section (which commences 
at the registration commencement time within the meaning of the 
Personal Property Securities Act 2009 ). 
10  After subsection 298(2) 
Insert: 
 (2A) A charge that arises under subsection (2) has priority over any 
PPSA security interest in the ship. 
 (2B) Subsection 73(2) of the Personal Property Securities Act 2009  
applies to a charge that arises under subsection (2). 
Note 1: The effect of subsection (2B) is that the priority between a charge that 
arises under subsection (2) and a PPSA security interest is to be 
determined in accordance with this Act rather than the Personal 
Property Securities Act 2009 . 
Note 2: Subsection 73(2) of the Personal Property Securities Act 2009  applies 
to charges that arise under subsection (2) that arise after the 
commencement of subsection (2B) of this section (which commences 
at the registration commencement time within the meaning of the 
Personal Property Securities Act 2009 ). 
Protection of the Sea (Civil Liability) Act 1981  
11  After subsection 22(1A) 
Insert: 
 (1B) While a ship is detained under this section, a person does not have 
the power of seizure provided for by section 123 of the Personal 
Property Securities Act 2009  in relation to the ship. 
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         - 29 -Schedule 3   Maritime legislation  
   
 
 
 
 
 
24            Personal Property Securities (Consequential Amendments) Act 2009        Protection of the Sea (Harmful Anti-fouling Systems) Act 
2006  
12  At the end of section 18 
Add: 
 (6) While a ship is detained under subsection (1), a person does not 
have the power of seizure provided for by section 123 of the 
Personal Property Securities Act 2009 in relation to the ship. 
Protection of the Sea (Prevention of Pollution from Ships) 
Act 1983  
13  After subsection 27A(5A) 
Insert: 
 (5B) While a foreign ship is detained under subsection (1), a person 
does not have the power of seizure provided for by section 123 of 
the Personal Property Securities Act 2009  in relation to the ship. 
Protection of the Sea (Shipping Levy Collection) Act 1981  
14  At the end of section 12 
Add: 
 (4) While a ship is detained under subsection (1), a person does not 
have the power of seizure provided for by section 123 of the 
Personal Property Securities Act 2009  in relation to the ship. 
Shipping Registration Act 1981  
15  Subsection 3(1) (definition of mortgage ) 
Repeal the definition. 
16  Subsection 3(1) 
Insert: 
PPSA security interest  (short for Personal Property Securities Act 
security interest) means a security interest within the meaning of 
the Personal Property Securities Act 2009  and to which that Act 
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Personal Property Securities (Consequential Amendments) Act 2009             25  applies (other than a transitional security interest within the 
meaning of that Act). 
Note: The Personal Property Securities Act 2009  applies to certain security 
interests in personal property. See the following provisions of that 
Act: 
(a) section 8 (interests to which the Act does not apply); 
(b) section 12 (meaning of security interest);  
(c) Chapter 9 (transitional provisions). 
17  Part III (heading) 
Repeal the heading, substitute: 
Part III— Transfers, transmissions, security 
interests and other dealings 
18  Sections 38 to 44A  
Repeal the sections. 
19  Section 47 
Omit “41,”.  
20  After subsection 47A(1) 
Insert: 
 (1A) Subsection (1) does not apply to an interest in a ship, or in a share 
in a ship, that is a PPSA security interest. 
21  Paragraphs 47B(1)(a) and (b) 
Omit “, or as a mortgagee,”.  
22  Subsection 47D(3) 
Repeal the subsection, substitute: 
 (3) A caveat does not prevent the Registrar from entering in the 
Register the transmission of a ship, or of a share in a ship, to a 
person if the person becomes entitled to the transmission by 
operation of law, except to the extent that the caveat specifies 
otherwise. 
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26            Personal Property Securities (Consequential Amendments) Act 2009        23  Subparagraph 58(1)(b)(i) 
Omit “, other than particulars relating to a mortgage,”.  
24  Paragraph 58(3)(a) 
Omit “except so far as it relates to any unsatisfied mortgage of the 
ship”.  
25  After section 59 
Insert: 
59A  Rectification of Personal Property Securities Register 
 (1) This section applies if: 
 (a) a financing statement describing a ship, or a share in a ship, 
has been registered in the PPS Register; and 
 (b) any of the following circumstances apply (whether or not by 
reason of a decision of the PPS Registrar): 
 (i) data in relation to the financing statement (including the 
entire registration) has been removed from the PPS 
Register; 
 (ii) the financing statement, or a financing change statement 
to amend the financing statement, was wrongly 
registered, or was registered without sufficient cause; 
 (iii) there is an error, omission or other defect in the 
financing statement. 
 (2) A person aggrieved by the circumstance or the PPS Registrar may 
apply to the Supreme Court of a State or Territory for rectification 
of the PPS Register. 
 (3) Notice of an application under subsection (2) by a person 
aggrieved must be served on the PPS Registrar, who: 
 (a) may appear and be heard; and 
 (b) must appear if so directed by the Court. 
 (4) On an application under subsection (2), the Court may make such 
order as it thinks fit directing the rectification of the PPS Register. 
 (5) A Court may, in proceedings on an application under 
subsection (2), decide any question that it is necessary or expedient 
to decide in connection with the rectification of the PPS Register. 
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Personal Property Securities (Consequential Amendments) Act 2009             27   (6) An office copy of an order under subsection (4) must be served on 
the PPS Registrar, and the PPS Registrar must, upon receipt of the 
order, rectify the PPS Register accordingly. 
 (7) If the PPS Register is rectified under this section, but could have 
been similarly rectified under a provision of the Personal Property 
Securities Act 2009 , that Act applies as if the PPS Register had 
been rectified under that provision of the Personal Property 
Securities Act 2009 . 
Note: The Personal Property Securities Act 2009  includes various rules 
about access to data in the PPS Register that has been the subject of 
rectification under that Act. Subsection (7) of this section ensures that 
those rules apply in relation to rectification under this Act as well. 
 (8) In this section: 
financing change statement  has the meaning given by the 
Personal Property Securities Act 2009 . 
financing statement  has the meaning given by the Personal 
Property Securities Act 2009 . 
PPS Register means the Personal Property Securities Register 
established under section 147 of the Personal Property Securities 
Act 2009 . 
PPS Registrar means the Registrar of Personal Property Securities 
appointed under section 194 of the Personal Property Securities 
Act 2009 . 
Note: The heading to section 59 is replaced by the heading “ Rectification of Australian 
Register of Ships ”. 
26  Paragraph 66(3)(a) 
Omit “except so far as it relates to any unsatisfied mortgage of the 
ship”.  
27  Subsections 66(4) to (9) and (11) 
Repeal the subsections. 
28  Subsection 74(1) 
Omit “24(1), 26(3), 36(2), 37(1), 41(2), 42(2), 43(1) or 44(1)”, 
substitute “26(3), 36(2) or 37(1)”.  
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28            Personal Property Securities (Consequential Amendments) Act 2009        29  Subsection 74(2) 
Omit “41(2), 42(2), 43(1) or 44(1), subsection”.  
30  Section 79 
Omit “, the registration of a mortgage, the transfer of a mortgage”.  
31  Section 81 
Omit “, 66”.  
32  Subsection 82(1) 
Omit “, 66”.  
33  Application —items 15, 17 to 19 and 22 to 24 
(1) The amendments of the Shipping Registration Act 1981  made by 
items 15, 17 to 19 and 22 to 24 of this Schedule apply in relation to an 
interest of a mortgagor in a mortgage of a ship, or of a share in a ship, 
regardless of when the interest arose. 
(2) However, interests that are mortgages registered under the Shipping 
Registration Act 1981  before the time the items covered by subitem (1) 
commence have the priority between themselves that they would have 
had under that Act as in force immediately before that time, subject to 
Chapter 9 (Transitional provisions) of the Personal Property Securities 
Act 2009 . 
34  Application —item 20 
The amendment of the Shipping Registration Act 1981  made by item 20 
of this Schedule does not affect the validity or effectiveness of a caveat 
lodged under section 47A of the Shipping Registration Act 1981  before 
the time the item commences. 
35  Application —item 21 
The amendment of the Shipping Registration Act 1981  made by item 21 
of this Schedule does not apply to an interest in relation to which a 
caveat has been lodged under section 47A of that Act before the time 
the item commences. 
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Personal Property Securities (Consequential Amendments) Act 2009             29  36  Application —item 25 
The amendment of the Shipping Registration Act 1981  made by item 25 
of this Schedule applies in relation to a registration under the Personal 
Property Securities Act 2009  with respect to a security interest 
regardless of when the security interest arises. 
37  Application —item 27 
The requirement in subsection 66(4) of the Shipping Registration Act 
1981  (as in force immediately before the time item 27 of this Schedule 
commences) to give notice to a mortgagee stops applying at the time 
that item commences. 
38  Application —items 28 and 29 
The amendments of the Shipping Registration Act 1981  made by 
items 28 and 29 of this Schedule do not apply in relation to a 
contravention of a provision mentioned in subsection 74(1) or (2) of 
that Act (as in force immediately before the time the items commence) 
if the contravention occurred before that time. 
Note: The items in this Schedule commence at the registration commencement time within the 
meaning of section 306 of the Personal Property Securities Act 2009 . 
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         - 35 -Schedule 4   Personal Property Securities Act 2009  
   
 
 
 
 
 
30            Personal Property Securities (Consequential Amendments) Act 2009         
Schedule 4—Personal Property Securities Act 
2009  
   
1  After subsection 6(1) 
Insert: 
 (1A) This Act applies to a security interest in an investment entitlement 
if: 
 (a) the investment entitlement intermediary in relation to the 
investment entitlement is located in Australia; or 
 (b) the grantor is an Australian entity. 
Note: For when a person is located in a jurisdiction, see section 235. 
2  Paragraph 6(2)(e) 
Repeal the paragraph, substitute: 
 (e) the intangible property is created, arises or is provided for by 
either or both of the following: 
 (i) a law of the Commonwealth, a State or a Territory; 
 (ii) the general law (to the extent to which it applies in 
Australia, a State or a Territory). 
3  At the end of paragraph 8(1)(d) 
Add “(within the ordinary meaning of the term “accounts”)”.  
4  Subsection 8(2) (at the end of the table) 
Add: 
6 a provision prescribed by regulations 
made for the purposes of this item  an interest mentioned in 
subsection  (1) (including an int erest 
prescribed by regulations made for 
the purposes of paragraph  (1)(l)) that 
is prescribed by regulations made 
for the purposes of this item.  
5  Section 10 (definition of ADI account) 
Repeal the definition, substitute: 
ADI account  means an account, within the ordinary meaning of 
that term, kept by a person (whether alone or jointly with one or 
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Personal Property Securities (Consequential Amendments) Act 2009             31  more other persons) with an ADI that is payable on demand or at 
some time in the future (as agreed between the ADI and the person 
or persons). 
Example: A savings account, or a term deposit, kept with an ADI. 
6  Section 10 (definition of Australia ) 
Omit “subsection 7(4)”, substitute “section  7”. 
7  Section 10 
Insert: 
jurisdiction, in which personal property, or an individual, is 
located, has a meaning affected by subsections 235(6) and (7). 
8  Section 10 
Insert: 
National Credit Code  means Schedule 1 to the National Consumer 
Credit Protection Act 2009 , and includes regulations made under 
section 329 of that Act for the purposes of that Schedule. 
9  Section 10 (paragra ph (b) of the definition of registration ) 
Omit “paragraph 148(c);”, substitute “paragraph 148(c).”.  
10  After subsection 12(4) 
Insert: 
 (4A) An ADI may take a security interest in an ADI account that is kept 
with the ADI. 
11  After subsection 14(2) 
Insert: 
 (2A) Despite paragraph (2)(c), a purchase money security interest  
includes an interest if: 
 (a) the interest is covered by subsection (1); and 
 (b) the interest is in collateral that (at the time the interest 
attaches to the collateral) the grantor intends to use 
predominantly for personal, domestic or household purposes; 
and 
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32            Personal Property Securities (Consequential Amendments) Act 2009         (c) the collateral is of a kind that is required or permitted by the 
regulations to be described by serial number. 
12  Section 23 
Omit: 
 (a) goods in the possession of a common carrier; 
Substitute: 
 (a) goods transported by a common carrier; 
13  Subsection 26(1) 
Omit “(1)”.  
14  Subparagraph 26(1)(b)(i) 
Omit “and”, substitute “or”.  
15  Subsection 26(2) 
Repeal the subsection. 
16  Subsection 32(2) 
After “investment instrument”, insert “or an investment entitlement”.  
17  Subsection 39(1) 
Omit all the words after “subsection  (2)” (not including the note), 
substitute: 
  if, immediately before the collateral became located in Australia, 
and at the time it became so located: 
 (a) the security interest was effective; and 
 (b) the security agreement providing for the security interest was 
enforceable against third parties. 
18  Subsection 39(2) 
Repeal the subsection, substitute: 
 (2) This subsection covers the period: 
 (a) starting at whichever of the following times is applicable: 
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Personal Property Securities (Consequential Amendments) Act 2009             33   (i) if the law of the foreign jurisdiction provides for the 
perfection (and the effect of perfection or 
non-perfection) of the security interest —when the 
security interest last became perfected under that law; 
 (ii) if subparagraph (i) does not apply to the law of the 
foreign jurisdiction, but that law provides for the public 
registration or recording of the security interest, or of a 
notice relating to the security interest —when the 
security interest, or such a notice, was so registered or 
recorded (or was last so registered or recorded); 
 (iii) if neither subparagraph (i) nor (ii) applies to the law of 
the foreign jurisdiction —when the security interest last 
became enforceable against third parties under that law; 
and 
 (b) ending when the property becomes located in Australia. 
 (2A) However, a security interest in collateral is not taken to have been 
continuously perfected under subsection (1) if, immediately before 
the collateral became located in Australia: 
 (a) in a case in which the law of the foreign jurisdiction provides 
for the perfection (and effect of perfection or non-perfection) 
of the security interest —the security interest was not 
perfected under that law; or 
 (b) in a case in which paragraph (a) does not apply to the law of 
the foreign jurisdiction, but that law provides for the public 
registration or recording of the security interest, or of a notice 
relating to the security interest —the security interest, or such 
a notice, was not so registered or recorded. 
19  Subsections 40(1) and (2) 
Repeal the subsections, substitute: 
Continuous perfection prior to relocation event 
 (1) If the law of a foreign jurisdiction has governed a security interest 
in intangible property, or financial property, the security interest is 
taken to have been continuously perfected for the period covered 
by subsection (2) if: 
 (a) either of the following events (the relocation event ) occurs: 
 (i) the grantor becomes located in Australia; 
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34            Personal Property Securities (Consequential Amendments) Act 2009         (ii) the grantor transfers the collateral to a person who is 
located in Australia; and 
 (b) immediately before the relocation event, and at the time of 
that event: 
 (i) the security interest was effective; and 
 (ii) the security agreement providing for the security 
interest was enforceable against third parties; and 
 (c) as a result of the occurrence of the relocation event, the 
perfection (and the effect of perfection or non-perfection) of 
the security interest becomes governed by the law of 
Australia. 
Note 1: For when bodies corporate, bodies politic or individuals are located in 
a jurisdiction, see section 235. 
Note 2: For when laws of other jurisdictions govern a security interest, see 
Part 7.2. 
 (2) This subsection covers the period: 
 (a) starting at whichever of the following times is applicable: 
 (i) if the law of the foreign jurisdiction provides for the 
perfection (and the effect of perfection or 
non-perfection) of the security interest —when the 
security interest last became perfected under that law; 
 (ii) if subparagraph (i) does not apply to the law of the 
foreign jurisdiction, but that law provides for the public 
registration or recording of the security interest, or of a 
notice relating to the security interest —when the 
security interest, or such a notice, was so registered or 
recorded (or was last so registered or recorded); 
 (iii) if neither subparagraph (i) nor (ii) applies to the law of 
the foreign jurisdiction —when the security interest last 
became enforceable against third parties under that law; 
and 
 (b) ending when the relocation event occurs. 
 (2A) However, a security interest is not taken to have been continuously 
perfected under subsection (1) if, immediately before the relocation 
event: 
 (a) in a case in which the law of the foreign jurisdiction provides 
for the perfection (and effect of perfection or non-perfection) 
of the security interest —the security interest was not 
perfected under that law; or 
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Personal Property Securities (Consequential Amendments) Act 2009             35   (b) in a case in which paragraph (a) does not apply to the law of 
the foreign jurisdiction, but that law provides for the public 
registration or recording of the security interest, or of a notice 
relating to the security interest —the security interest, or such 
a notice, was not so registered or recorded. 
20  Paragraphs 41(b) to (j) 
Repeal the paragraphs, substitute: 
 (b) serial number defects; 
 (c) motor vehicles; 
 (d) taking in the ordinary course of business; 
 (e) personal, domestic or household property; 
 (f) currency; 
 (g) taking investment instruments or investment 
entitlements in the ordinary course of trading; 
 (h) investment instruments; 
 (i) investment entitlements; 
 (j) temporarily perfected security interests. 
21  Subsection 43(1) 
Omit “new value”, substitute “value”.  
22  Subsection 44(1) 
Omit “, for new value,”.  
Note: The heading to section 49 is altered by omitting “ investment interest ” and substituting 
“investment instrument ”. 
23  Paragraph 44(3)(a) 
After “leased”, insert “for new value”.  
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36            Personal Property Securities (Consequential Amendments) Act 2009        24  Subsection 51(2) 
Omit “an investment entitlement intermediary”, substitute “the 
investment entitlement intermediary”.  
25  Paragraph 55(5)( b) 
Omit “first takes possession”, substitute “first perfects the security 
interest by taking possession or control”. 
26  Section 55 (note)  
Omit “subsection 33(5)”, substitute “subsection 32(5)”.  
27  Subsection 61(2) 
Omit “An agreement to subordinate a security interest”, substitute “The 
subordination”.  
28  Paragraph 61(2)(b) 
Omit “the agreement”, substitute “the subordination”.  
29  Subparagraph 64(1)(b)(i) 
Repeal the subparagraph, substitute: 
 (i) the secured party holding the priority interest gives a 
notice in accordance with subsection (2) to the secured 
party holding the purchase money security interest; 
30  At the end of section 73 (before the note) 
Add: 
Interests arising under the general law 
 (7)  The priority between an interest in collateral (the general law 
interest ) that arises by operation of the general law and a security 
interest in the same collateral is to be determined in accordance 
with an instrument made under subsection (8) if, and only if: 
 (a) no law of the Commonwealth (other than this Act and that 
instrument) provides for the priority between the general law 
interest and the security interest; and 
 (b) the instrument provides that this subsection applies to general 
law interests of that kind; and 
 (c) the general law interest arises after the instrument comes into 
effect. 
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Personal Property Securities (Consequential Amendments) Act 2009             37   (8) The Minister may make a legislative instrument for the purposes of 
subsection (7). 
 (9) Subsection (7) is subject to subsection (1). 
31  Subsection 77(1) 
Omit “or financial property”, substitute “, financial proper ty or an 
investment entitlement”.  
32  Subsection 77(3) 
After “financial property” (first occurring), insert “or an investment 
entitlement”.  
Note: The heading to subsection 77(3) is altered by adding at the end “ or investment 
entitlements ”. 
33  Subsection 77(3) 
After “financial property” (last occurring), insert “or investment 
entitlement”.  
34  Subsection 79(1) 
Omit “an agreement (whether or not a security agreement)”, substitute 
“a security agreement”.  
35  Subsection 80(7) 
Omit “collateral that is”.  
36  Subsections 119(1) and (2) 
Omit “Consumer Credit Code of a State or Territory”, substitute 
“National Credit Code”.  
37  Paragraph 128(2)(b) 
Repeal the paragraph, substitute: 
 (b) by lease, if the security agreement so provides; or 
38  Subsection 129(1) 
Omit “that is commercial property”.  
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38            Personal Property Securities (Consequential Amendments) Act 2009        39  Subsection 151(1) 
Omit all the words from and including “the collateral secures” to and 
including “the secured party”, substitute “the person described in the 
statement as the secured party is, or will become, a secured party in 
relation to the collateral (otherwise than by virtue of the registration 
itself)”.  
40  Subsection 157(4) 
Omit “subsection  (1)”, substitute “a requirement under subsection  (1) to 
ensure that a notice is given to an individual”.  
41  After paragraph 171(1)(d) 
Insert: 
 (da) a unique identifier allocated by the Registrar to a registered 
financing statement; 
42  Subsection 235(1) 
Omit “(whether the jurisdiction of Australia or a foreign jurisdiction)”.  
43  At the end of section 235 
Add: 
Location within Australia 
 (6) For the purposes of this Act, in the application of this section in 
relation to Australia: 
 (a) the jurisdiction  in which personal property is located under 
subsection (1), or in which an individual is located under 
subsection (5), is the jurisdiction of the State or Territory in 
which the property, or the individual’s principal place of 
residence, is situated (as the case may be); and 
 (b) a reference to the law of that jurisdiction is a reference to the 
law of that State or Territory, and to the law of the 
Commonwealth as it applies in that State or Territory. 
Location within a foreign country that has a federal character 
 (7) For the purposes of this Act, in the application of this section in 
relation to a foreign country that is divided into territorial units that 
have their own rules of law about security interests (distinct from 
those that apply to the foreign country generally): 
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Personal Property Securities (Consequential Amendments) Act 2009             39   (a) the jurisdiction  in which personal property is located under 
subsection (1), or in which an individual is located under 
subsection (5), is the jurisdiction of the territorial unit in 
which the property, or the individual’s principal place of 
residence, is situated; and 
 (b) a reference to the law of that jurisdiction is a reference to the 
law of that territorial unit, and to the law of the foreign 
country as it applies in that territorial unit. 
44  Subsection 238(1) 
Omit “A security interest”, substitute “The validity of a security 
interest”.  
Note: The heading to subsection 238(1) is replaced by the heading “ Main rules”.  
45  Subsection 238(1) 
Omit “property is located”, substitute “goods are located”.  
46  Subsection 238(2) 
Repeal the subsection, substitute: 
 (1A) At a particular time, the perfection, and the effect of perfection or 
non-perfection, of a security interest in goods is governed by the 
law of the jurisdiction (other than the law relating to the conflict of 
laws) in which the goods are located at that time. 
Goods that are moved 
 (2) Despite subsections (1) and (1A), the validity, perfection, and the 
effect of perfection or non-perfection, of a security interest in 
goods is governed by the law of a particular jurisdiction (the 
destination jurisdiction ), other than the law relating to the conflict 
of laws, if: 
 (a) at the time (the attachment time ) the security interest 
attaches, under that law, to the goods, it was reasonable to 
believe that the goods would be moved to the destination 
jurisdiction; and 
 (b) the goods are currently located in the destination jurisdiction. 
 (2A) Subsection (2) applies from the attachment time. 
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40            Personal Property Securities (Consequential Amendments) Act 2009        47  Subsection 238(3) 
Omit “Despite subsections  (1) and (2),”, substitute “Despite 
subsections (1) to (2A), the validity, perfection, and the effect of 
perfection or non- perfection, of”.  
48  Paragraph 238(3)(b) 
Omit “commercial property”.  
49  At the end of subsection 238(3) (before the note) 
Add: 
 ; and (c) the goods are not used predominantly for personal, domestic 
or household purposes. 
50  At the end of section 238 (after the note) 
Add: 
Goods entered on registers of ships 
 (4) Despite subsections (1A) to (3), at a particular time, the perfection, 
and the effect of perfection or non-perfection, of a security interest 
in goods is governed by the law of a country if: 
 (a) the goods are entered in a register of ships maintained by the 
country containing the names and particulars of ships; and 
 (b) in proceedings in the country, the law of that country governs 
title to the goods. 
51  Subsection 239(5) 
Omit all the words after “ADI account”, substitute:  
  if: 
 (a) the ADI consents in writing; and 
 (b) applying the law of that other jurisdiction would not be 
manifestly contrary to public policy. 
52  Paragraph 265(e) 
After “proceedings”, insert “, and what constitutes knowledge”.  
53  Paragraph 267(1)(b) 
Repeal the paragraph, substitute: 
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Personal Property Securities (Consequential Amendments) Act 2009             41   (b) a security interest granted by the body corporate, company or 
bankrupt is unperfected at whichever of the following times 
applies: 
 (i) in the case of a company or body corporate that is being 
wound up—when, on a day, the event occurs by virtue 
of which the winding up is taken to have begun or 
commenced on that day (whether under section 513A or 
513B of the Corporations Act 2001 , under either section 
as applied by force of a law of a State or Territory, or 
otherwise); 
 (ii) in the case of any other company or body corporate —
when, on a day, the event occurs by virtue of which the 
day is the section 513C day for the company or body, 
within the meaning of the Corporations Act 2001  
(including that Act as it is applied by force of a law of a 
State or Territory, or otherwise); 
 (iii) in the case of a bankrupt —when a sequestration order is 
made against the bankrupt under the Bankruptcy Act 
1966, or when he or she becomes a bankrupt by force of 
section 55, 56E or 57 of that Act. 
54  Subsection 267(2) 
Omit “, unless the se curity interest is unaffected by this section because 
of section 268”.  
55  At the end of subsection 267(2) 
Add: 
Note: This subsection does not apply to certain security interests (see 
section 268). 
56  Subsection 268(1) 
Repeal the subsection, substitute: 
Security interests to which vesting rule does not apply 
 (1) Subsection 267(2) (security interests vested in grantor) does not 
apply to the following security interests: 
 (a) a security interest provided for by any of the following 
transactions, if the interest does not secure the payment or 
performance of an obligation: 
 (i) a transfer of an account or chattel paper; 
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42            Personal Property Securities (Consequential Amendments) Act 2009         (ii) a PPS lease, if paragraph (e) (serial numbered goods) of 
the definition of PPS lease  in subsection 13(1) applies 
to the lease, and none of paragraphs (a) to (d) of that 
definition applies to the lease; 
 (iii) a commercial consignment; 
 (b) a security interest covered by subsection (2) of this section. 
Example: An example of a security interest mentioned in subparagraph (a)(ii) is 
a PPS lease of goods that does not secure the payment or performance 
of an obligation, if: 
(a) the goods leased may or must be described by serial number in 
accordance with the regulations; and 
(b) the lease is for a term of between 90 days and 1 year; and 
(c) paragraphs (c) and (d) of the definition of PPS lease in 
subsection 13(1) do not apply to the lease. 
57  Subsection 268(3) 
Repeal the subsection. 
58  Subsection 317(1) 
Omit “(when a non -constitutional security interest becomes a 
constitutional security interes t)”, substitute “(personal property taken 
free of security interest when Act starts to operate)”.  
59  Subsection 327(1) 
After “particular time”, insert “(the applicable time )”. 
60  Subsection 327(2) 
Omit “(the applicable time )”, substitute “(also the applicable time )”. 
61  Section 338 
Omit “this Act” (first occurring), substitute “laws of the 
Commonwealth”.  
62  At the end of subsection 339(1) 
Add: 
 ; and (c) the charge is a security interest to which this Act applies. 
63  Subsection 340(5) 
Omit “section”, substitute “subsection”.  
Note: The heading to subsection 340(5) is replaced by the heading “ Current assets ”. 
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Personal Property Securities (Consequential Amendments) Act 2009             43  64  Section 342 
Repeal the section, substitute: 
342  Guide to this Part 
This Part provides for the review of the operation of the Act within 
3 years after it starts to apply. 
The Act starts to apply under Part 9.3 at the registration 
commencement time (26 months after the Act is given the Royal 
Assent, or an earlier time determined by the Minister). 
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44            Personal Property Securities (Consequential Amendments) Act 2009         
Schedule 5— Other legislation 
   
Air Services Act 1 995 
1  Paragraph 60(3)(a) 
Omit “floating charge”, substitute “security interest that has attached to 
the aircraft as a circulating asset, within the meaning of the Personal 
Property Securities Act 2009 ”. 
2  At the end of subsection 60(3) 
Add: 
Note: Part 9.5 of the Personal Property Securities Act 2009  deals with 
security interests that attach to circulating assets. These interests are 
also described as floating charges. 
3  After subsection 60(3) 
Insert: 
 (3A) Subsection 73(2) of the Personal Property Securities Act 2009  
applies to a statutory lien. 
Note 1: The effect of this subsection is that the priority between a statutory 
lien on an aircraft and a security interest in the aircraft to which the 
Personal Property Securities Act 2009  applies is to be determined in 
accordance with this Act rather than the Personal Property Securities 
Act 2009 . 
Note 2: Subsection 73(2) of the Personal Property Securities Act 2009  applies 
to statutory liens that arise after the commencement of 
subsection (3A) (which is the registration commencement time within 
the meaning of the Personal Property Securities Act 2009 ). 
4  Application of amendments of the Air Services Act 1995  
 The amendment of the Air Services Act 1995  made by item 1 of this 
Schedule does not apply in relation to a floating charge if the floating 
charge was created before the time that item commences. 
Note: Item 1 commences at the registration commencement time within the meaning of 
section 306 of the Personal Property Securities Act 2009 . 
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Personal Property Securities (Consequential Amendments) Act 2009             45  Bankruptcy Act 1966  
5  Subsection 5(1) 
Insert: 
PPSA grantor or debtor  (short for Personal Property Securities 
Act grantor or debtor), in relation to a PPSA security interest, 
means a grantor or debtor within the meaning of the Personal 
Property Securities Act 2009 . 
6  Subsection 5(1) 
Insert: 
PPSA secured party (short for Personal Property Securities Act 
secured party), in relation to a PPSA security interest, means a 
secured party within the meaning of the Personal Property 
Securities Act 2009 . 
7  Subsection 5(1) 
Insert: 
PPSA security agreement  (short for Personal Property Securities 
Act security agreement), in relation to a PPSA security interest, 
means a security agreement within the meaning of the Personal 
Property Securities Act 2009 . 
8  Subsection 5(1) 
Insert: 
PPSA security interest  (short for Personal Property Securities Act 
security interest) means a security interest within the meaning of 
the Personal Property Securities Act 2009  and to which that Act 
applies, other than a transitional security interest within the 
meaning of that Act. 
Note 1: The Personal Property Securities Act 2009  applies to certain security 
interests in personal property. See the following provisions of that 
Act: 
(a) section 8 (interests to which the Act does not apply); 
(b) section 12 (meaning of security interest ); 
(c) Chapter 9 (transitional provisions). 
Note 2: For the meaning of transitional security interest , see section 308 of 
the Personal Property Securities Act 2009 . 
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46            Personal Property Securities (Consequential Amendments) Act 2009        9  Subsection 5(1) (definition of secured creditor ) 
Repeal the definition, substitute: 
secured creditor , in relation to a debtor, means: 
 (a) in the case of a debt secured by a PPSA security interest —the 
PPSA secured party in relation to the interest, if the interest: 
 (i) arose as security for the debt; and 
 (ii) is perfected (within the meaning of the Personal 
Property Securities Act 2009 ); or 
 (b) in the case of any other debt —a person holding a mortgage, 
charge or lien on property of the debtor as a security for a 
debt due to him or her from the debtor. 
10  Subsection 301(1) 
Omit “or in a licence”, substitute “, in a licence or in a PPSA security 
agreement”.  
11  Paragraphs 301(1)(a), (b) and (c) 
Repeal the paragraphs, substitute: 
 (a) the contract, agreement, lease, hire-purchase agreement, 
licence or PPSA security agreement is to terminate, or may 
be terminated by the vendor, lessor, owner, licensor or PPSA 
secured party; or 
 (b) the operation of the contract, agreement, lease, hire-purchase 
agreement, licence or PPSA security agreement is to be 
modified; or 
 (c) property to which the contract, agreement, lease, 
hire-purchase agreement, licence or PPSA security 
agreement relates may be repossessed by or on behalf of the 
vendor, lessor, owner, licensor or PPSA secured party; 
12  Subsection 301(1) 
Omit “or licensee”, substitute “, licensee or PPSA grantor or debtor”.  
13  After subsection 301(2) 
Insert: 
 (2A) This section extends to a PPSA security agreement entered into at 
or after the time this subsection commences. 
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Personal Property Securities (Consequential Amendments) Act 2009             47  Note: This subsection commenced at the registration commencement time 
within the meaning of section 306 of the Personal Property Securities 
Act 2009 . 
14  Subsection 302(1) 
Omit “or charge” (first occurring), substitute “, charge or PPSA security 
agreement”.  
15  Paragraphs 302(1)(a) and (b) 
Repeal the paragraphs, substitute: 
 (a) enabling the grantee, mortgagee, person entitled to the 
benefit of the lien or charge or PPSA secured party to 
exercise any power or remedy; or 
 (b) to the effect that the operation of the bill of sale, mortgage, 
lien, charge or PPSA security agreement is to be modified; 
16  Subsection 302(1) 
Omit “or person whose property is subject to the lien or charge”, 
substitute “, the person whose property is subject to the lien or charge or 
the PPSA grantor or debtor”.  
17  At the end of section 302 
Add: 
 (3) This section extends to a PPSA security agreement entered into at 
or after the time this subsection commences. 
Note: This subsection commenced at the registration commencement time 
within the meaning of section 306 of the Personal Property Securities 
Act 2009 . 
18  Application of amendments of the Bankruptcy Act 1966  
The amendment of the Bankruptcy Act 1966  made by item 9 of this 
Schedule does not apply in relation to a bankruptcy if the date of the 
bankruptcy (within the meaning of that Act) is before the time the item 
commences. 
Note: Item 9 commences at the registration commencement time within the meaning of 
section 306 of the Personal Property Securities Act 2009 . 
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48            Personal Property Securities (Consequential Amendments) Act 2009        Commonwealth Inscribed Stock Act 1911  
19  Section 24B 
Before “The regulations”, insert “(1)”.  
20  At the end of section 24B 
Add: 
 (2) Subsection (1) does not apply in relation to the keeping of a record 
of the ownership of any equitable interest in the stock that is a 
security interest within the meaning of the Personal Property 
Securities Act 2009 , and to which that Act applies. 
Note 1: The Personal Property Securities Act 2009  applies to certain security 
interests in personal property (including stock). See the following 
provisions of that Act: 
(a) section 8 (interests to which the Act does not apply); 
(b) section 12 (meaning of security interest ); 
(c) Chapter 9 (transitional provisions). 
Note 2: That Act provides for registration in respect of security interests in 
personal property, including stock (see Chapter 5 of that Act). 
Corporations (Aboriginal and Torres Strait Islander) Act 
2006  
21  After subsection 453-10(5) 
Insert: 
 (5A) Subsection 73(2) of the Personal Property Securities Act 2009  
applies to a charge created in accordance with paragraph (4)(b). 
Note 1: The effect of this subsection is that the priority between a charge 
created in accordance with paragraph (4)(b) and a security interest to 
which the Personal Property Securities Act 2009  applies is to be 
determined in accordance with this Act rather than the Personal 
Property Securities Act 2009 . 
Note 2: Subsection 73(2) of the Personal Property Securities Act 2009  applies 
to charges that arise after the commencement of subsection (5A) 
(which is the registration commencement time within the meaning of 
the Personal Property Securities Act 2009 ). 
22  After subsection 511-1(5) 
Insert: 
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Personal Property Securities (Consequential Amendments) Act 2009             49   (5A) Subsection 73(2) of the Personal Property Securities Act 2009  
applies to a charge created in accordance with paragraph (4)(b). 
Note 1: The effect of this subsection is that the priority between a charge 
created in accordance with paragraph (4)(b) and a security interest to 
which the Personal Property Securities Act 2009  applies is to be 
determined in accordance with this Act rather than the Personal 
Property Securities Act 2009 . 
Note 2: Subsection 73(2) of the Personal Property Securities Act 2009  applies 
to charges that arise after the commencement of subsection (5A) 
(which is the registration commencement time within the meaning of 
the Personal Property Securities Act 2009 ). 
Health Insurance Act 1973  
23  After section 20A 
Insert: 
20AA  Security interest must not be created in medicare benefit 
 (1) This section applies to a medicare benefit (an assigned benefit ) if 
an assignment has been made, or an agreement has been entered 
into, in accordance with section 20A, in relation to the medicare 
benefit. 
 (2) A person must not enter into a security agreement (within the 
meaning of the Personal Property Securities Act 2009), to the 
extent that the agreement purports to provide for a PPSA security 
interest in an assigned benefit. 
Note: For the meaning of security agreement , see section 10 of the Personal 
Property Securities Act 2009 . 
 (3) A security interest that is purported to be provided for by a security 
agreement entered into in contravention of subsection (2) is void 
and is taken never to have had effect. 
 (4) This section applies despite anything in the Personal Property 
Securities Act 2009 . 
 (5) This section does not affect the operation of subsection 20A(5). 
 (6) In this section: 
PPSA security interest  means a security interest within the 
meaning of the Personal Property Securities Act 2009  and to 
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50            Personal Property Securities (Consequential Amendments) Act 2009        which that Act applies, other than a transitional security interest 
within the meaning of that Act. 
Note 1: The Personal Property Securities Act 2009  applies to certain security 
interests in personal property. See the following provisions of that 
Act: 
(a) section 8 (interests to which the Act does not apply); 
(b) section 12 (meaning of security interest ); 
(c) Chapter 9 (transitional provisions). 
Note 2: For the meaning of transitional security interest , see section 308 of 
the Personal Property Securities Act 2009 . 
Insurance Act 1973  
24  At the end of section 62S 
Add: 
 (3) Subsection 73(2) of the Personal Property Securities Act 2009  
applies to a charge created in accordance with subsection (2). 
Note 1: The effect of this subsection is that the priority between a charge and a 
security interest to which the Personal Property Securities Act 2009  
applies is to be determined in accordance with this Act rather than the 
Personal Property Securities Act 2009 . 
Note 2: Subsection 73(2) of the Personal Property Securities Act 2009  applies 
to statutory interests that arise after the commencement of 
subsection (3) (which is the registration commencement time within 
the meaning of the Personal Property Securities Act 2009 ). 
Privacy Act 1988  
25  At the end of paragraphs 13(a) to (bb) 
Add “or”.  
26  At the end of section 13 
Add: 
Note: For the purposes of this section, each of the following is an 
interference with the privacy of an individual: 
(a) a contravention of the requirement to ensure that notice is given 
in accordance with section 157 of the Personal Property 
Securities Act 2009 (see subsection 157(4) of that Act); 
(b) a search of the Personal Property Securities Register that is 
unauthorised under subsection 173(3) or (4) of that Act (see 
subsection 173(2) of that Act). 
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Personal Property Securities (Consequential Amendments) Act 2009             51  27  Subsection 28(1) 
Omit “and 28A”, substitute “, 28A and 28B”. 
28  Subsection 28A(1) 
Omit “and 28”, substitute “, 28 and 28B”.  
29  After section 28A 
Insert: 
28B  Functions of Commissioner in relation to personal property 
securities 
 (1) In addition to the functions under sections 27, 28 and 28A, the 
Commissioner has the following functions in relation to personal 
property securities: 
 (a) to investigate an act or practice that may be an interference 
with the privacy of an individual under subsection 157(4) or 
173(2) of the Personal Property Securities Act 2009  and, if 
the Commissioner considers it appropriate to do so, to 
attempt by conciliation, to effect a settlement of the matters 
that gave rise to the investigation; 
 (b) to do anything incidental or conducive to the performance of 
that function. 
 (2) The Commissioner has power to do all things that are necessary or 
convenient to be done for or in connection with the performance of 
his or her functions under subsection (1). 
30  After section 49 
Insert: 
49A  Investigation under section 40 to cease if civil penalty provision 
under Personal Property Securities Act 2009  may have 
been contravened 
 (1) If, in the course of an investigation under section 40, the 
Commissioner forms the opinion that subsection 172(3) of the 
Personal Property Securities Act 2009  (civil penalty for searching 
otherwise than for authorised purposes) may have been 
contravened, the Commissioner must: 
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52            Personal Property Securities (Consequential Amendments) Act 2009         (a) inform the Registrar of Personal Property Securities under 
the Personal Property Securities Act 2009  of that opinion; 
and 
 (b) in the case of an investigation under subsection 40(1), give a 
copy of the complaint to the Registrar of Personal Property 
Securities; and 
 (c) discontinue the investigation except to the extent that it 
concerns matters unconnected with the contravention that the 
Commissioner believes may have taken place. 
 (2) The Registrar of Personal Property Securities must notify the 
Commissioner in writing if, after having been informed of the 
Commissioner’s opinion under paragraph  (1)(a), the Registrar 
decides: 
 (a) not to apply for an order under section 222 of the Personal 
Property Securities Act 2009 ; or 
 (b) to discontinue a proceeding that is an application for an order 
under section 222 of that Act. 
 (3) Upon receiving a notice under subsection (2), the Commissioner 
may continue an investigation discontinued under paragraph (1)(c). 
Quarantine Act 1908  
31  Subsection 5(1) 
Insert: 
PPSA security interest  means a security interest within the 
meaning of the Personal Property Securities Act 2009  and to 
which that Act applies, other than a transitional security interest 
within the meaning of that Act. 
Note 1: The Personal Property Securities Act 2009  applies to certain security 
interests in personal property. See the following provisions of that 
Act: 
(a) section 8 (interests to which the Act does not apply); 
(b) section 12 (meaning of security interest ); 
(c) Chapter 9 (transitional provisions). 
Note 2: For the meaning of transitional security interest , see section 308 of 
the Personal Property Securities Act 2009 . 
32  Section 65 
Before “Any”, insert “(1)”. 
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Personal Property Securities (Consequential Amendments) Act 2009             53  33  At the end of section 65 
Add: 
 (2) While a vessel is detained under subsection (1), a person does not 
have the power of seizure provided for by section 123 of the 
Personal Property Securities Act 2009  in relation to the vessel. 
34  Subsection 69A(14) 
After “In this section”, insert “and subject to subsection  (14A)”.  
35  Subsection 69A(14) 
After “in respect of the goods or premises”, insert “(other than a PPSA 
security interest)”.  
36  After subsection 69A(14) 
Insert: 
 (14A) For the purposes of the definition of owner  in subsection (14), a 
person who, or a partnership which, had an interest in the goods or 
premises at the time of their destruction does not include a person 
or partnership if the person or partnership: 
 (a) holds a PPSA security interest in the goods or premises; but 
 (b) is not in possession or control of the goods or premises at that 
time. 
Wool International Act 1993  
37  Subsection 22J(1) 
Omit “(1)”.  
38  Subsection 22J(1) 
Omit “Subject to this section, a”, substitute “A”.  
39  At the end of subsection 22J(1) 
Add: 
Note 1: A charge over (or another security interest in) a unit of equity in 
WoolStock Australia Limited may be the subject of a registration in 
the Personal Property Securities Register under the Personal Property 
Securities Act 2009 . 
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54            Personal Property Securities (Consequential Amendments) Act 2009        Note 2: The priority of charges over (or other securities interests in) units of 
equity is determined in accordance with the Personal Property 
Securities Act 2009 . 
40  Subsections 22J(2) to (7) 
Repeal the subsections. 
41  Section 22K 
Repeal the section. 
42  Paragraph 22L(b) 
Repeal the paragraph. 
43  Subsection 22R(2) (note) 
Repeal the note. 
44  Subsection 22R(3) 
Omit “Subject to subsection  (4), a”, substitute “A”.  
45  Subsection 22R(4) 
Repeal the subsection. 
46  Subsection 22S(1) 
Omit “(1)”.  
47  Paragraph 22S(1)(b) 
Omit “distribution;”, substitute “distribution.”.  
48  Paragraph 22S(1)(c) 
Repeal the paragraph. 
49  Subsection 22S(2) 
Repeal the subsection. 
50  Application of amendments of the Wool International Act 
1993  
(1) This item applies if immediately before the time item 42 of this 
Schedule commences, WoolStock Australia Limited had not complied 
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Personal Property Securities (Consequential Amendments) Act 2009             55  with a request made by a person under paragraph 22L(b) of the Wool 
International Act 1993 . 
Note: Item 42 commences at the registration commencement time within the meaning of 
section 306 of the Personal Property Securities Act 2009 . 
(2) The requirement to comply with the request stops applying after the 
time item 42 of this Schedule commences. 
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Notes to the   Personal Property Securities (Consequential Amendments) Act 
2009  
 
 
Table of Acts 
 
Personal Property Securities (Consequential Amendments) Act 2009              57  Notes to the Personal Property Securities 
(Consequential Amendments) Act 2009  
Note 1 
The Personal Property Securities (Consequential Amendments) Act 2009 as 
shown in this compilation comprises Act No. 131, 2009 amended as indicated 
in the Tables below. 
Table of Acts 
Act Number  
and year  Date  
of Assent  Date of 
commencement  Application, 
saving or 
transitional 
provisions  
Personal Property Se curities 
(Consequential 
Amendments) Act 2009  131, 200 9 14 Dec 2009 See s. 2(1)   
Personal Property Securities 
(Corporations and Other 
Amendments) Act 2010  96, 2010  6 July  2010  Schedule  3 
(item  17): (a) — 
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Notes to the  Personal Property Securities (Consequential Amendments) Act 
2009  
 
 
Act Notes 
 
58            Personal Property Securities (Consequential Amendments) Act 2009        (a) Subsection 2(1) (item 14) of the Personal Property Securities (Corporations and Other 
Amendments) Act 2010 provides as follows: 
 (1) Each provision of this Act specified in column 1 of the table commences, or is taken 
to have commenced, in accordance with column 2 of the table. Any other statement 
in column 2 has effect according to its terms. 
 
Commencement information  
Column 1  Column 2  Column 3  
Provision(s)  Commencement  Date/Details  
14.  Schedule  3, 
item 17 Immediately after the commencement of item  17 of 
Schedule  1 to the Personal Property Securit ies 
(Consequential Amendments) Act 2009 . 30 January 2012  
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Notes to the   Personal Property Securities (Consequential Amendments) Act 
2009  
 
 
Table of Amendments 
 
 
Personal Property Securities (Consequential Amendments) Act 2009              59  Table of Amendments 
ad. = added or inserted     am. = amended     rep. = repealed     rs. = repealed and substituted  
Provision affected  How affected  
Schedule  1  
Item 17  ................................ .....  rep. No.  96, 2010  
 
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