Document ID: chunk:federal_register_of_legislation:C2024C00719:section:339
Version: federal_register_of_legislation:C2024C00719
Segment Type: section
Provision Reference: s 339
Character Range: 491961–493266

339  References to charges and fixed and floating charges
 (1) This section applies in relation to a reference to a charge, a fixed charge, or a floating charge, over property in a law of the Commonwealth, or in a security agreement, but only to the extent that:
 (a) the charge referred to has attached to personal property; and
 (b) title to the personal property to which the charge has attached is in the grantor; and
 (c) the charge is a security interest to which this Act applies.
 (2) This section does not apply in relation to:
 (a) paragraphs 12(2)(a) and (b), or subsection 19(4); or
 (b) a reference to a charge, a fixed charge, or a floating charge, if the charge referred to is a perfected security interest that is provided for by a transfer of an account or chattel paper.
 (3) A reference to a charge over property is taken to be a reference to a security interest that has attached to:
 (a) a circulating asset; or
 (b) personal property that is not a circulating asset.
 (4) A reference to a fixed charge over property is taken to be a reference to a security interest that has attached to personal property that is not a circulating asset.
 (5) A reference to a floating charge over property is taken to be a reference to a security interest that has attached to a circulating asset.