Personal Property Securities Act. Australia

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СКАЧАТЬ section 333 (registration with respect to migrated data); or

      (b) section 336 (preparatory registration with respect to transitional security interests).

      relevant superior court has the meaning given by section 211.

      secured party:

      (a) means a person who holds a security interest for the person’s own benefit or for the benefit of another person (or both); and

      (b) if the holders of the obligations issued, guaranteed or provided for under a security agreement are represented by a trustee as the holder of the security interest — includes the trustee; and

      (c) in relation to a registration with respect to a security interest — includes a person registered as a secured party in the registration.

      securities account has the meaning given by section 15.

      security agreement means:

      (a) an agreement or act by which a security interest is created, arises or is provided for; or

      (b) writing evidencing such an agreement or act.

      security interest has the meaning given by section 12.

      serial number, in relation to collateral, means a serial number by which the regulations require, or permit, the collateral to be described in a registration.

      State Family Court, in relation to a State, means a court of that State to which section 41 of the Family Law Act 1975 applies because of a Proclamation made under subsection 41(2) of that Act.

      superior court has the meaning given by section 211.

      take has the meaning given by section 138A.

      term deposit means a deposit made with an ADI that matures on a particular date (whether or not the ADI can be required to repay the deposit before that date).

      third party data has the meaning given by section 176C (access to third party data).

      third party data conditions has the meaning given by section 176C (access to third party data).

      this Act includes the regulations.

      time of execution has the meaning given by section 74.

      transfer matter has the meaning given by section 210.

      transferring court has the meaning given by section 210.

      transitional register has the meaning given by section 330.

      transitional security agreement has the meaning given by section 307.

      transitional security interest has the meaning given by section 308.

      value:

      (a) means consideration that is sufficient to support a contract; and

      (b) includes an antecedent debt or liability; and

      (c) in relation to the definition of purchase money security interest — has a meaning affected by section 14.

      verification statement has the meaning given by section 155.

      water source has the meaning given by section 138A.

      wool means the natural fibre from any livestock that produce fleece that can be shorn (such as sheep, goats, alpacas and llamas).

      writing includes:

      (a) the recording of words or data in any way (including electronically), if, at the time the recording was made, it was reasonable to expect that the words or data would be readily accessible so as to be useable for subsequent reference; and

      (b) the display, or other representation, of words or data by any form of communication (including electronic), if:

      (i) the display or representation is recorded in any way (including electronically); and

      (ii) at the time the recording was made, it was reasonable to expect that the words or data would be readily accessible so as to be useable for subsequent reference.

      11 Application of the Acts Interpretation Act 1901

      (1) The Acts Interpretation Act 1901, as in force at the start of the day on which this Act receives the Royal Assent, applies to this Act.

      (2) Amendments of the Acts Interpretation Act 1901 made after that time do not apply to this Act.

      Division 3

      Concepts relating to security interests and personal property

      12 Meaning of security interest

      (1) A security interest means an interest in personal property provided for by a transaction that, in substance, secures payment or performance of an obligation (without regard to the form of the transaction or the identity of the person who has title to the property).

      Note: For the application of this Act to interests, see section 8.

      (2) For example, a security interest includes an interest in personal property provided by any of the following transactions, if the transaction, in substance, secures payment or performance of an obligation:

      (a) a fixed charge;

      (b) a floating charge;

      (c) a chattel mortgage;

      (d) a conditional sale agreement (including an agreement to sell subject to retention of title);

      (e) a hire purchase agreement;

      (f) a pledge;

      (g) a trust receipt;

      (h) a consignment (whether or not a commercial consignment);

      (i) a lease of goods (whether or not a PPS lease);

      (j) an assignment;

      (k) a transfer of title;

      (l) a flawed asset arrangement.

      (3) A security interest also includes the following interests, whether or not the transaction concerned, in substance, secures payment or performance of an obligation:

      (a) the interest of a transferee under a transfer of an account or chattel paper;

      (b) the interest of a consignor who delivers goods to a consignee under a commercial consignment;

      (c) the interest of a lessor or bailor of goods under a PPS lease.

      (3A) A person who owes payment or performance of an obligation to another person may take a security interest in the СКАЧАТЬ