Document ID: chunk:federal_register_of_legislation:C2024C00719:section:138b
Version: federal_register_of_legislation:C2024C00719
Segment Type: section
Provision Reference: s 138B
Character Range: 247085–248208

138B  Seizure and disposal or retention of crops
 (1) Without limiting section 123 (secured party may seize collateral), for the purposes of seizing collateral under that section that is crops, or the proceeds of crops, the secured party may:
 (a) take possession of the crops or the proceeds; or
 (b) cut, gather or harvest the crops or the proceeds.
 (2) The secured party may dispose of, or retain, collateral that is crops, or the proceeds of crops, after they have been taken, cut, gathered or harvested, subject to Divisions 2, 3, 4 and 5 (seizure, disposal or retention of collateral and objections).
 (3) For the purposes of exercising a power under subsection (1) or (2), or performing any related function under Division 2, 3 or 4, the secured party may enter the land on which, or the water source in which, the crops are, or were, growing.
 (4) However, the secured party may exercise the power to enter land or a water source under subsection (3) for a purpose mentioned in subsection (1) or (2) only to the same extent as the grantor would be entitled to enter the land or water source for the same purpose.