Document ID: chunk:federal_register_of_legislation:C2012C00169:clause:3_9
Version: federal_register_of_legislation:C2012C00169
Segment Type: clause
Provision Reference: sch 3 cl 9
Character Range: 38114–39030

9  After subsection 128(2)
Insert:

 (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).