Document ID: chunk:federal_register_of_legislation:C2013C00609:clause:2_14
Version: federal_register_of_legislation:C2013C00609
Segment Type: clause
Provision Reference: sch 2 cl 14
Character Range: 96664–98428

14  At the end of section 8
Add:

Water rights
 (5) In paragraph (1)(i), the reference to a right in relation to the control, use or flow of water includes, but is not limited to, a reference to a right that a person has against another person to receive (or otherwise gain access to) water.

Pawnbroker security interests
 (6) For the purposes of paragraph (1)(ja), this subsection applies to a security interest taken by a pawnbroker if:
 (a) the pawnbroker holds a licence or is otherwise expressly authorised (for example, by registration) by a law of a State or Territory to carry on a pawnbroking business (however described in that law); and
 (b) the taking of the security interest is authorised by that licence or authorisation, and is not in contravention of that law of the State or Territory; and
 (c) the security interest is taken in the ordinary course of the pawnbroker's business as a pawnbroker; and
 (d) at the time the security interest is taken, the market value of the payment or obligation secured by the security interest is less than or equal to:
 (i) $5,000; or
 (ii) if a greater amount has been prescribed by regulations made for the purposes of subsection 47(1)—that amount; and
 (e) at the time the security interest is taken, the pawnbroker believes, and it is actually the case, that the market value of the personal property is less than or equal to:
 (i) $5,000; or
 (ii) if a greater amount has been prescribed by regulations made for the purposes of paragraph 47(2)(c)—that amount; and
 (f) the personal property is not of a kind that the regulations provide may, or must, be described by serial number in a registration.
Note: Section 47 deals with taking personal, domestic or household property free of a security interest.