Document ID: chunk:federal_register_of_legislation:C2025C00034:section:307:p2
Version: federal_register_of_legislation:C2025C00034
Segment Type: section
Provision Reference: s 307 (pt 2/2)
Character Range: 495307–497399

charge and that would, apart from this subsection, have priority over the charge; and
 (b) has priority over all other encumbrances; and
 (c) subject to subsection (2), is not affected by any change of ownership of the property.
 (3A) Subsection 73(2) of the Personal Property Securities Act 2009 applies to a charge created by subsection (1) (to the extent, if any, to which that Act applies in relation to the property charged).
Note 1: The effect of this subsection is that the priority between the charge and a security interest in the property 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 created by subsection (1) after the commencement of subsection (3A) (which is at the registration commencement time within the meaning of the Personal Property Securities Act 2009).
 (4) If:
 (a) a charge is created by subsection (1) on property of a particular kind; and
 (b) the provisions of any law of the Commonwealth or of a State or Territory provide for the registration of title to, or charges over, property of that kind:
then:
 (c) the *Official Trustee or a *proceeds of crime authority may cause the charge so created to be registered under the provisions of that law; and
 (d) if the charge is so registered—a person who purchases or otherwise acquires an *interest in the property after the registration of the charge is, for the purposes of paragraph (2)(e), taken to have notice of the charge at the time of the purchase or acquisition.
 (5) In this section:
registration of a charge on a particular kind of personal property within the meaning of the Personal Property Securities Act 2009 includes the registration of data in relation to that kind of property for the purposes of paragraph 148(c) of that Act.
Note: The Personal Property Securities Act 2009 provides for the registration of such data if regulations are made for the purposes of paragraph 148(c) of that Act.