Personal Property Securities Act. Australia

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СКАЧАТЬ a transferee of, or successor to, the interest of a person mentioned in paragraphs (a) to (d); or

      (f) in relation to a registration with respect to a security interest:

      (i) a person registered in the registration as a grantor; or

      (ii) a person mentioned in paragraphs (a) to (e).

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

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

      intangible property means personal property (including a licence) that is not any of the following:

      (a) financial property;

      (b) goods;

      (c) an intermediated security.

      intellectual property means any of the following rights (including the right to be a party to proceedings in relation to such a right):

      (a) the right to do any of the things mentioned in paragraphs 10(1)(a) to (f) of the Designs Act 2003 in relation to a design that is registered under that Act;

      (b) the right to exploit or work an invention, or to authorise another person to exploit or work an invention, for which a patent is in effect under the Patents Act 1990;

      (c) the rights held by a person who is the registered owner of a trade mark that is registered under the Trade Marks Act 1995;

      (d) the right to do, or to license another person to do, an act referred to in section 11 of the Plant Breeder’s Rights Act 1994 in relation to propagating material of a plant variety;

      (e) the right to do an act referred to in section 17 of the Circuit Layouts Act 1989 in relation to an eligible layout during the protection period of the layout;

      (f) the right under the Copyright Act 1968 to do an act comprised in the copyright in a literary, dramatic, musical or artistic work or a published edition of such a work, or in a sound recording, cinematograph film, television broadcast or sound broadcast;

      (g) a right under or for the purposes of a law of a foreign country that corresponds to a right mentioned in any of paragraphs (a) to (f).

      intellectual property licence means an authority or licence (within the ordinary meaning of that term) to exercise rights comprising intellectual property.

      interest, in personal property, includes a right in the personal property.

      intermediary has the meaning given by section 15.

      intermediated security has the meaning given by section 15.

      inventory means personal property (whether goods or intangible property) that, in the course or furtherance, to any degree, of an enterprise to which an ABN has been allocated:

      (a) is held by the person for sale or lease, or has been leased by the person as lessor; or

      (b) is held by the person to be provided under a contract for services, or has been so provided; or

      (c) is held by the person as raw materials or as work in progress; or

      (d) is held, used or consumed by the person, as materials.

      investment instrument means any of the following financial products:

      (a) a share in a body, or a debenture of a body;

      (b) a debenture, stock or bond issued or proposed to be issued by a government;

      (c) a derivative;

      (d) a foreign exchange contract that is not a derivative;

      (e) an assignable option to have an allotment of an investment instrument (apart from this paragraph) made to the holder of the option;

      (f) an interest in, or a unit in an interest in, a managed investment scheme;

      (g) a unit in a share in a body;

      (h) a financial product that is traded on a financial market that is:

      (i) operated in accordance with an Australian market licence; or

      (ii) exempt from the operation of Part 7.2 of the Corporations Act 2001;

      (i) any other financial product that is prescribed by the regulations;

      (j) any financial product that consists of a combination of any 2 or more of the financial products mentioned in paragraphs (a) to (i);

      but does not include any of the following:

      (k) the creation or transfer (including a successive transfer) of a right to payment in connection with interests in land, if the writing evidencing the creation or transfer does not specifically identify that land;

      (l) a document of title;

      (m) an intermediated security;

      (n) a negotiable instrument.

      A word or expression used in this definition has the same meaning as in the Corporations Act 2001, subject to this Part.

      jurisdiction, in which personal property, or an individual, is located, has a meaning affected by subsections 235(6) and (7).

      land includes all estates and interests in land, whether freehold, leasehold or chattel, but does not include fixtures.

      land law has the meaning given by section 117.

      law of the Commonwealth, a State or a Territory means:

      (a) an Act of the Commonwealth, the State or the Territory; or

      (b) an instrument made under such an Act.

      licence means either of the following, if it is transferable by the licensee (whether or not the right, entitlement, authority or licence is exclusive, and whether or not a transfer is restricted or requires consent):

      (a) a right, entitlement or authority to do one or more of the following:

      (i) to manufacture, produce, sell, transport or otherwise deal with personal property;

      (ii) to provide services;

      (iii) to explore for, exploit or use a resource;

      (b) an intellectual property licence;

      but does not include a right, entitlement or authority that is:

      (c) granted by or under a law of the Commonwealth, a State or a Territory; and

      (d) declared by that law not to be personal property for the purposes of this Act.

      Note: СКАЧАТЬ