Document ID: chunk:federal_register_of_legislation:C2004A05165:clause:1_34p
Version: federal_register_of_legislation:C2004A05165
Segment Type: clause
Provision Reference: sch 1 cl 34P
Character Range: 47138–48249

34P  Charges may be registered

 (1) This section applies if:
 (a) a person becomes, under this Part, the holder of a charge; and
 (b) there is lodged with the Australian Securities Commission a certificate that:
 (i) is signed by the Minister for Finance; and
 (ii) identifies the charge; and
 (iii) states that the person has, under this Part, become the holder of the charge.

 (2) The Australian Securities Commission may, subject to the payment of any applicable fee:
 (a) register the matter in a way that is the same is, or similar to, the way in which assignments of charges are registered; and
 (b) deal with, and give effect to, the certificate;
as if the certificate were a notice of assignment of the charge that had been properly lodged with the Commission.

 (3) In this section:

charge means a charge created in any way, and includes a mortgage and an agreement to give or execute a charge or mortgage (whether on demand or otherwise).

holder, in relation to a charge, includes a person in whose favour a charge is to be given or executed (whether on demand or otherwise) under an agreement.