Document ID: chunk:federal_register_of_legislation:C2024C00492:section:6:p156
Version: federal_register_of_legislation:C2024C00492
Segment Type: section
Provision Reference: s 6 (pt 156/175)
Character Range: 566071–568815

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).
 (6) In this section:
Commonwealth officer includes a person who:
 (a) is in the service or employment of the Commonwealth or an authority of the Commonwealth; or
 (b) holds or performs the duties of any office or position under a law of the Commonwealth; or
 (c) is a member of the Australian Defence Force.

Division 456—Warrants for books not produced

Subdivision 456‑A—Warrants applied for in person

456‑1  Application for warrant to seize books not produced
 (1) If the Registrar or an authorised officer has reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises in Australia, books:
 (a) whose production has been required under section 453‑1 or 453‑5; and
 (b) that have not been produced in compliance with that requirement;
the Registrar or authorised officer may:
 (c) lay before a magistrate an information on oath or affirmation setting out those grounds; and
 (d) apply for the issue of a warrant to search the premises for those books.
 (2) On an application under this section, the magistrate may require further information to be given, either orally or by affidavit, in connection with the application.

456‑5  Grant of warrant
 (1) This section applies if, on an application under section 456‑1, the magistrate is satisfied that there are reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises, particular books:
 (a) whose production has been required under section 453‑1 or 453‑5; and
 (b) that have not been produced in compliance with that requirement.
 (2) The magistrate may issue a warrant authorising an authorised officer, whether or not named in the warrant, together with any person named in the warrant, with such assistance, and by such force, as is necessary and reasonable:
 (a) to enter on or into the premises; and
 (b) to search the premises; and
 (c) to break open and search anything, whether a fixture or not, in or on the premises; and
 (d) to take possession of, or secure against interference, books that appear to be any or all