Personal Property Securities Act. Australia

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СКАЧАТЬ has the meaning given by section 19.

      Australia has a meaning affected by section 7.

      Australian entity means any of the following entities:

      (a) an individual who is located in Australia;

      Note: For the location of individuals, see section 235.

      (b) a company or registrable Australian body (within the meaning of the Corporations Act 2001);

      (c) a corporation sole established under a law of the Commonwealth, a State or a Territory;

      (d) a public authority or an agency or instrumentality of the Crown in right of the Commonwealth, a State or a Territory.

      bankruptcy has the same meaning as in paragraph 51(xvii) of the Constitution.

      Note: Other parts of speech and grammatical forms of “bankruptcy” (for example, “bankrupt”) have a corresponding meaning (see section 18A of the Acts Interpretation Act 1901).

      business day means a day other than:

      (a) a Saturday or a Sunday; or

      (b) a day which is a public holiday for the whole of:

      (i) any State; or

      (ii) the Australian Capital Territory; or

      (iii) the Northern Territory; or

      (c) a day that falls between Christmas Day and New Year’s Day; or

      (d) a day on which the Registrar has refused access to the register, or otherwise suspended the operation of the register, in whole or in part (see subsection 147(5)); or

      (e) a day that is prescribed by the regulations for the purposes of this definition.

      carrying on an enterprise has the meaning given by section 41 of the A New Tax System (Australian Business Number) Act 1999.

      chattel paper means one or more writings that evidence a monetary obligation and either or both of the following:

      (a) a security interest in, or lease of, specific goods, or specific goods and accessions to the specific goods (even if the description of the goods (and accessions) is taken to include a description of intellectual property, or an intellectual property licence, under section 105);

      (b) a security interest in specific intellectual property or a specific intellectual property licence;

      but does not include any of the following:

      (c) a document of title;

      (d) an intermediated security;

      (e) an investment instrument;

      (f) a negotiable instrument.

      circulating asset has the meaning given by section 340.

      civil penalty provision has the meaning given by section 221.

      clearing and settlement facility has the meaning given by Chapter 7 of the Corporations Act 2001.

      collateral:

      (a) means personal property to which a security interest is attached; and

      (b) in relation to a registration with respect to a security interest — includes personal property described by the registration (whether or not a security interest is attached to the property).

      Note: Section 161 authorises the registration of a financing statement that describes personal property before or after a security agreement is made covering the property, or a security interest has attached to the property.

      commercial consignment means a consignment if:

      (a) the consignor retains an interest in goods that the consignor delivers to the consignee; and

      (b) the consignor delivers the goods to the consignee for the purpose of sale, lease or other disposal; and

      (c) the consignor and the consignee both deal in goods of that kind in the ordinary course of business;

      but does not include an agreement under which goods are delivered to:

      (d) an auctioneer for the purpose of sale; or

      (e) a consignee for sale, lease or other disposal if the consignee is generally known to the creditors of the consignee to be selling or leasing goods of others.

      commercial property means personal property other than consumer property.

      commingled: goods that are commingled include goods that are mixed with goods of the same kind.

      company means:

      (a) a company registered under Part 2A.2 or Part 5B.1 of the Corporations Act 2001; or

      (b) a registrable body (within the meaning of that Act) that is registered under Division 1 or 2 of Part 5B.2 of that Act.

      constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.

      constructive knowledge has the meaning given by section 297.

      Note: Section 298 deals with knowledge in relation to bodies corporate and other entities.

      consumer property means personal property held by an individual, other than personal property held in the course or furtherance, to any degree, of carrying on an enterprise to which an ABN has been allocated.

      continuously perfected has the meaning given by section 56.

      control has the meaning given by Part 2.3.

      Note: Control has an extended meaning in section 341 (control of inventory and accounts in relation to fixed and floating charges).

      crops means crops (whether matured or not and whether naturally grown or planted) that have not been harvested, including:

      (a) the products of agriculture or aquaculture, if the products have not been harvested; and

      (b) trees (but only if they are personal property), if the trees have not been harvested.

      currency means currency authorised as a medium of exchange by the law of Australia or of any other country.

      debtor means:

      (a) a person who owes payment or performance of an obligation that is secured by a security interest in personal property (whether or not the person is also the grantor of the security interest); or

      (b) a transferee of, or successor to, an obligation mentioned in paragraph (a).

      defect, in relation to a registration, includes an irregularity, omission or error in СКАЧАТЬ