Personal Property Securities (Consequential Repeals and Amendments) Act 2011
No. 42 of 2011
An Act to repeal or amend various Acts as a result of the reform of the law relating to personal property securities by the Personal Property Securities Act 2009 (Commonwealth), and for related purposes.
[Assented to 4 October 2011]
The Parliament of Western Australia enacts as follows:
Part 1 — Preliminary
1. Short title
This is the Personal Property Securities (Consequential Repeals and Amendments) Act 2011.
2. Commencement
This Act comes into operation as follows —
(a) sections 1 and 2 — on the day on which this Act receives the Royal Assent;
(b) sections 30, 31, 33, 34 and 44 — on the day after the day on which this Act receives the Royal Assent;
(c) the rest of the Act — immediately before the registration commencement time as defined in the Personal Property Securities Act 2009 (Commonwealth) section 306(2).
Part 2 — Agriculture and Food
Division 1 — Bulk Handling Act 1967 amended
3. Act amended
This Division amends the Bulk Handling Act 1967.
4. Section 34D amended
After section 34D(3) insert:
(4) In accordance with the Personal Property Securities Act 2009 (Commonwealth) section 73(2)(a), it is declared that section 73(2) of that Act applies to a charge created under subsection (2)(b).
5. Section 35 amended
After section 35(1) insert:
(2A) In accordance with the Personal Property Securities Act 2009 (Commonwealth) section 73(2)(a), it is declared that section 73(2) of that Act applies to a lien created under subsection (1).
6. Section 51 amended
After section 51(2) insert:
(3) In accordance with the Personal Property Securities Act 2009 (Commonwealth) section 73(2)(a), it is declared that section 73(2) of that Act applies to a charge created under subsection (1)(a) or (aa).
Division 2 — Marketing of Potatoes Act 1946 amended
7. Act amended
This Division amends the Marketing of Potatoes Act 1946.
8. Section 31 amended
In section 31 delete “The Corporation” and insert:
Subject to the Personal Property Securities Act 2009 (Commonwealth), the Corporation
Part 3 — Attorney General
Division 1 — Criminal Property Confiscation Act 2000 amended
9. Act amended
This Division amends the Criminal Property Confiscation Act 2000.
10. Section 10 amended
In section 10(2) after “registerable under” insert:
the Personal Property Securities Act 2009 (Commonwealth) or
11. Section 31 amended
In section 31(2) after “registrable under” insert:
the Personal Property Securities Act 2009 (Commonwealth) or
12. Section 36 amended
In section 36(3) after “registrable under” insert:
the Personal Property Securities Act 2009 (Commonwealth) or
13. Section 39 amended
In section 39(5) after “registrable under” insert:
the Personal Property Securities Act 2009 (Commonwealth) or
14. Section 46 amended
In section 46(3) after “registrable under” insert:
the Personal Property Securities Act 2009 (Commonwealth) or
15. Section 125 amended
(1) In section 125 delete “A charge” and insert:
(1) A charge
(2) At the end of section 125 insert:
(2) In accordance with the Personal Property Securities Act 2009 (Commonwealth) section 73(2)(a), it is declared that section 73(2) of that Act applies to a charge created on property under section 123(1).
16. Section 127 amended
(1) In section 127(1):
(a) after “land under” insert:
the Personal Property Securities Act 2009 (Commonwealth) or
(b) after “accordance with” insert:
that Act or
(2) In section 127(3):
(a) after “memorial in accordance with” insert:
the Personal Property Securities Act 2009 (Commonwealth) or
(b) after “accordance with” insert:
that Act or
Division 2 — Fines, Penalties and Infringement Notices Enforcement Act 1994 amended
17. Act amended
This Division amends the Fines, Penalties and Infringement Notices Enforcement Act 1994.
18. Section 96 amended
In section 96(3)(c) delete “Bills of Sale Act 1899, the Chattel Securities Act 1987, the Transfer of Land Act 1893, the Registration of Deeds Act 1856, or the Corporations Act 2001 of the Commonwealth,” and insert:
Personal Properties Securities Act 2009 (Commonwealth), the Transfer of Land Act 1893, the Registration of Deeds Act 1856 or the Corporations Act 2001 (Commonwealth),
19. Section 99 amended
In section 99 delete “the Bills of
the Transfer of Land Act 1893
Division 3 — Property Law Act 1969 amended
20. Act amended
This Division amends the Property Law Act 1969.
21. Section 6 replaced
Delete section 6 and insert:
6. Application of this Act to certain Acts
Except as in this Act expressly provided, this Act so far as inconsistent with the Transfer of Land Act 1893, or the Strata Titles Act 1985, does not apply to land that is under the provisions of either of those Acts.
Division 4 — Public Trustee Act 1941 amended
22. Act amended
This Division amends the Public Trustee Act 1941.
23. Section 63 amended
(1) In section 63:
(a) delete “Where” and insert:
(1) Where
(b) delete “thereon.” and insert:
thereon in priority to all other claims upon the policy moneys.
(2) At the end of section 63 insert:
(2) In accordance with the Personal Property Securities Act 2009 (Commonwealth) section 73(2)(a), it is declared that section 73(2) of that Act applies to a lien created under subsection (1).
Division 5 — Trustees Act 1962 amended
24. Act amended
This Division amends the Trustees Act 1962.
25. Section 72 amended
Delete section 72(3).
Division 6 — Warehousemen’s Liens Act 1952 amended
26. Act amended
This Division amends the Warehousemen’s Liens Act 1952.
27. Section 4 amended
(1) In section 4 delete “Subject to” and insert:
(1) Subject to
(2) In section 4(1) delete “for storage.” and insert:
for storage in priority to all other claims on the goods.
(3) At the end of section 4 insert:
(2) In accordance with the Personal Property Securities Act 2009 (Commonwealth) section 73(2)(a), it is declared that section 73(2) of that Act applies to a lien arising under subsection (1).
28. Section 6 amended
Delete section 6(1) and insert:
(1) The warehouseman must, within 3 months after the date of the deposit of goods with the warehouseman, give notice of the lien on the goods to a person if —
(a) the goods are of, or greater than, the value prescribed under the Criminal and Found Property Disposal Act 2006 section 33(1)(a); and
(b) one of the following applies —
(i) the person has an interest in the goods in relation to which a registration was made under the Personal Property Securities Act 2009 (Commonwealth) before the deposit of the goods and the registration is in effect;
(ii) the person has an interest in the goods that the warehouseman is aware of at any time before the expiration of 2 months after the deposit of the goods.
29. Section 7 amended
Delete section 7(2)(c).
Part 4 — Commerce
Division 1 — Bills of
30. Act amended
This Division amends the Bills of Sale Act 1899.
31. Part IIA inserted
After section 5 insert:
Part IIA — Cessation of registration
6A. Early cessation of registration function
(1) In this section —
migration time has the meaning given in the Personal Property Securities Act 2009 (Commonwealth) section 306(1);
pre‑PPS transition period means the period —
(a) commencing at the migration time or such earlier time as may be prescribed by the regulations; and
(b) ending at the registration commencement time;
registration commencement time has the meaning given in the Personal Property Securities Act 2009 (Commonwealth) section 306(2);
registration function means any function conferred or imposed on the Registrar under the Bills of Sale Act 1899 relating to the registration of a Bill of Sale.
(2) The Registrar may refuse to exercise a registration function during the pre‑PPS transitional period.
(3) Without limiting subsection (2), the Registrar may refuse to exercise a registration function during the pre‑PPS transitional period in relation to a matter that was not finally determined or concluded immediately before the commencement of that period.
32. Bills of Sale Act 1899 and regulations repealed
(1) The Bills of Sale Act 1899 is repealed.
(2) These regulations are repealed:
(a) the Bills of
(b) the Bills of Sale Regulations 2001.
Division 2 — Chattel Securities Act 1987 amended
33. Act amended
This Division amends the Chattel Securities Act 1987.
34. Part IIA inserted
After section 3A insert:
Part IIA — Act ceases to have effect except as otherwise provided
3B. Terms used
In this Part —
migration time has the meaning given in the Personal Property Securities Act 2009 (Commonwealth) section 306(1);
pre‑PPS transition period means the period —
(a) commencing at the migration time or such earlier time as may be prescribed by the regulations; and
(b) ending at the registration commencement time;
Registrar has the meaning given in the Personal Property Securities Act 2009 (Commonwealth) section 10;
registration commencement time has the meaning given in the Personal Property Securities Act 2009 (Commonwealth) section 306(2);
registration function means any function conferred or imposed on the Commissioner under Part III.
3C. Effect of Act at and after registration commencement time
(1) Subject to section 3D, this Act, other than the following provisions, has no effect at and after the registration commencement time —
(a) sections 3A, 22, 23, 24, 25, 26, 29, 30A, 30B, 30C, 30D and 31;
(b) any other provision of this Act (a related provision) that is referred to in provision listed in paragraph (a) (a primary provision) to the extent necessary for the purposes of the continued operation of the primary provision;
(c) any power to make regulations in respect of a matter that is conferred by the primary provision or a related provision.
(2) Section 23 has no effect on and after the day after the end of the period of 7 years beginning at the registration commencement time.
3D. Refusal to exercise registration functions
(1) Subject to section 3E, the Commissioner may refuse to exercise a registration function during the pre‑PPS transitional period.
(2) Without limiting subsection (1), the Commissioner may refuse to exercise a registration function during the pre‑PPS transitional period in relation to a matter that was not finally determined or concluded immediately before the commencement of that period.
(3) After the end of the pre‑PPS transitional period the Commissioner is not to exercise a registration function under section 15, 19, 20, 21 or 22.
3E. Show cause proceedings under s. 22
If the Commissioner —
(a) has given a person a notice under section 22(1) and that notice is in force immediately before the registration commencement time; and
(b) would have cancelled the registration of the person under section 22(2) had he or she been able to exercise that registration function after the end of the pre‑PPS transition period,
the Commissioner may provide the Registrar with a written notice stating the registration of the person would have been so cancelled.
3F. Details of entry
At and after the registration commencement time, the Commissioner may, instead of providing a certificate under section 23(3), respond to an application made in accordance with section 23 by providing the applicant with an extract from the register.
3G. Act to expire
(1) When the Minister is satisfied that there is no reason for this Act to continue, the Minister is to publish a notice in the Gazette stating that the Minister is satisfied as to that matter, and that the Act expires at the end of the day on which the notice is published.
(2) This Act expires as stated in a notice published under subsection (1).
Division 3 — Companies (Co‑operative) Act 1943 amended
35. Act amended
This Division amends the Companies (Co‑operative) Act 1943.
36. Section 3 amended
In section 3 in the definition of Charge paragraph (c) delete “registration or would be registrable as a bill of sale;” and insert:
registration;
Division 4 — Co‑operatives Act 2009 amended
37. Act amended
This Division amends the Co‑operatives Act 2009.
38. Section 44 amended
Delete section 44(2).
39. Section 230 amended
Delete section 230(1)(f).
40. Section 267 amended
In section 267:
(a) in paragraph (b) delete “the Mining Act 1978; or” and insert:
the Mining Act 1978.
(b) delete paragraph (c).
41. Section 337 amended
(1) In section 337 delete “A co‑operative” and insert:
(1) Subject to subsection (2), a co‑operative
(2) At the end of section 337 insert:
(2) If the Registrar gives a certificate under section 314 for the winding‑up of a co‑operative, a co‑operative is declared to be an applied Corporations legislation matter for the purposes of the Corporations (Ancillary Provisions) Act 2001 Part 3 in relation to the Corporations Act sections 588FL and 588FM, subject to the following modifications —
(a) those sections are to be read as if a co‑operative were a company;
(b) any other modifications (within the meaning of the Corporations (Ancillary Provisions) Act 2001 Part 3) that are prescribed by the regulations.
42. Section 454 amended
After section 454(2) insert:
(3) The obligation to keep the Register of Co‑operative Charges established under Schedule 3 clause 18 ceases on the day after the end of the period of 7 years beginning at the registration commencement time as defined in Schedule 3 clause 4A.
43. Section 457 amended
After section 457(3) insert:
(4) On and after the day after the end of the period of 7 years beginning at the registration commencement time as defined in Schedule 3 clause 4A, this section has no effect in relation to the Register of Co‑operative Charges referred to in clause 18 of that Schedule.
44. Schedule 3 Division 2A inserted
After Schedule 3 clause 3 insert:
Division 2A — Schedule ceases to have effect except as otherwise provided
4A. Terms used
In this Division —
migration time has the meaning given in the Personal Property Securities Act 2009 (Commonwealth) section 306(1);
pre‑PPS transition period means the period —
(a) commencing at the migration time or such earlier time as may be prescribed by the regulations; and
(b) ending at the registration commencement time;
registrable charge means a charge created before the registration commencement time that was a registrable charge as defined in clause 1 when it was created;
registration commencement time has the meaning given in the Personal Property Securities Act 2009 (Commonwealth) section 306(2);
registration function means any function conferred or imposed on the Registrar under this Schedule.
4B. Effect of Schedule at and after registration commencement time
(1) Subject to subclause (2) and clause 4D, this Schedule has no effect at and after the registration commencement time.
(2) If a registrable charge is void immediately before the registration commencement time or becomes void at or after that time, the Supreme Court may declare the charge not to be, and never to have been void if —
(a) an application has been made to the Supreme Court under clause 29 before the registration commencement time or is made at or after that time in accordance with clause 29; and
(b) the Supreme Court is satisfied as to the matters referred to in clause 29(a) or (b).
4C. Refusal to exercise registration functions
(1) The Registrar may refuse to exercise a registration function during the pre‑PPS transitional period.
(2) Without limiting subclause (1), the Registrar may refuse to exercise a registration function during the pre‑PPS transitional period in relation to a matter that was not finally determined or concluded immediately before the commencement of that period.
(3) After the end of the pre‑PPS transitional period the Commissioner is not to exercise a registration function.
4D. Priority between registrable charges
Subject to the Personal Property Securities Act 2009 (Commonwealth) Chapter 9, at and after the registration commencement time, registrable charges have the priority between themselves that they would have had under this Act as in effect immediately before the registration commencement time.
Division 5 — Growers Charge Act 1940 amended
45. Act amended
This Division amends the Growers Charge Act 1940.
46. Long title amended
In the long title delete “bill of sale or other security” and insert:
security agreement
47. Section 2 amended
(1) In section 2 delete the definition of bill of sale.
(2) In section 2 insert in alphabetical order:
secured party has the meaning given in the Personal Property Securities Act 2009 (Commonwealth) section 10;
security agreement has the meaning given in the Personal Property Securities Act 2009 (Commonwealth) section 10;
(3) In section 2 in the definition of crops delete “grain.” and insert:
grain;
48. Section 3 amended
(1) In section 3:
(a) delete “Whenever crops” and insert:
(1) Whenever crops
(b) delete “bill of sale then,” and insert:
security agreement then,
(c) delete “bill of sale.” (first and second occurrence) and insert:
security agreement.
(2) At the end of section 3 insert:
(2) In accordance with the Personal Property Securities Act 2009 (Commonwealth) section 73(2)(a), it is declared that section 73(2) of that Act applies to a charge created under subsection (1).
49. Section 6 amended
In section 6(b):
(a) delete “grantee of a bill of sale” and insert:
secured party
(b) delete “grantee,” and insert:
secured party,
50. Section 7 amended
In section 7(d):
(a) delete “holders of bills of sale” and insert:
a secured party
(b) delete “holders of bills of sale,” and insert:
a secured party,
Division 6 — Hire‑Purchase Act 1959 amended
51. Act amended
This Division amends the Hire‑Purchase Act 1959.
52. Section 3 amended
Delete section 3(2)(e)(vii).
53. Section 9 amended
In section 9(4)(b) delete “counterparts and if required by the owner also the reasonable costs incurred by the owner in registering the same under the Bills of Sale Act 1899.” and insert:
counterparts.
54. Section 36A amended
In section 36A(2a)(b) delete “and agreement registration fees”.
55. First Schedule Part 1 amended
In the First Schedule Part 1 delete:
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” Agreement Registration Fees ............................... |
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Division 7 — Motor Vehicle Dealers Act 1973 amended
56. Act amended
This Division amends the Motor Vehicle Dealers Act 1973.
57. Section 32A amended
In section 32A delete the definition of security interest and insert:
security interest has the meaning given in the Personal Property Securities Act 2009 (Commonwealth) section 10;
Division 8 — Settlement Agents Act 1981 amended
58. Act amended
This Division amends the Settlement Agents Act 1981.
59. Schedule 2 amended
Delete Schedule 2 clause 2(fa).
Part 5 — Energy
Division 1 — Electricity Industry Act 2004 amended
60. Act amended
This Division amends the Electricity Industry Act 2004.
61. Section 131A inserted
After section 130 insert:
131A. Licence not personal property for the purposes of the Personal Property Securities Act 2009 (Commonwealth)
If a licence is transferable by the licensee, in accordance with the Personal Property Securities Act 2009 (Commonwealth) section 10 the definition of licence paragraph (d), the licence is declared not to be personal property for the purposes of that Act.
Division 2 — Energy Coordination Act 1994 amended
62. Act amended
This Division amends the Energy Coordination Act 1994.
63. Section 26A inserted
After section 25 insert:
26A. Licence not personal property for the purposes of the Personal Property Securities Act 2009 (Commonwealth)
If a licence is transferable by the licensee, in accordance with the Personal Property Securities Act 2009 (Commonwealth) section 10 the definition of licence paragraph (d), the licence is declared not to be personal property for the purposes of that Act.
Part 6 — Environment
Division 1 — Conservation and Land Management Act 1984 amended
64. Act amended
This Division amends the Conservation and Land Management Act 1984.
65. Section 88 amended
After section 88(2) insert:
(3) If a permit or licence granted under subsection (1) to take forest produce on or from Crown land is transferable by the permit holder or licensee, in accordance with the Personal Property Securities Act 2009 (Commonwealth) section 10 the definition of licence paragraph (d), the permit or licence is declared not to be personal property for the purposes of that Act.
66. Section 97A amended
After section 97A(10) insert:
(11) If a licence granted under subsection (1) or a permit granted under subsection (3) is transferable by the licensee or permit holder, in accordance with the Personal Property Securities Act 2009 (Commonwealth) section 10 the definition of licence paragraph (d), the licence or permit is declared not to be personal property for the purposes of that Act.
67. Section 99A amended
After section 99A(6) insert:
(7) If a licence granted under subsection (1) is transferable by the licensee, in accordance with the Personal Property Securities Act 2009 (Commonwealth) section 10 the definition of licence paragraph (d), the licence is declared not to be personal property for the purposes of that Act.
68. Section 101 amended
After section 101(5) insert:
(6) If a licence granted under subsection (1) to enter and use any land to which this Division applies is transferable by the licensee, in accordance with the Personal Property Securities Act 2009 (Commonwealth) section 10 the definition of licence paragraph (d), the licence is declared not to be personal property for the purposes of that Act.
Division 2 — Swan and Canning Rivers Management Act 2006 amended
69. Act amended
This Division amends the Swan and Canning Rivers Management Act 2006.
70. Section 32 amended
After section 32(7) insert:
(8) If a licence granted under subsection (1) in respect of the River reserve is transferable by the licensee, in accordance with the Personal Property Securities Act 2009 (Commonwealth) section 10 the definition of licence paragraph (d), the licence is declared not to be personal property for the purposes of that Act.
Division 3 — Wildlife Conservation Act 1950 amended
71. Act amended
This Division amends the Wildlife Conservation Act 1950.
72. Section 15 amended
After section 15(5) insert:
(6) If such licences as are prescribed under subsection (1) are transferable by the licensee, in accordance with the Personal Property Securities Act 2009 (Commonwealth) section 10 the definition of licence paragraph (d), the licences are declared not to be personal property for the purposes of that Act.
Part 7 — Fisheries
Division 1 — Fish Resources Management Act 1994 amended
73. Act amended
This Division amends the Fish Resources Management Act 1994.
74. Section 66 amended
After section 66(4) insert:
(5) In accordance with the Personal Property Securities Act 2009 (Commonwealth) section 10 the definition of licence paragraph (d), an authorisation granted under subsection (1) is declared not to be personal property for the purposes of that Act.
75. Section 83 amended
After section 83(3) insert:
(4) In accordance with the Personal Property Securities Act 2009 (Commonwealth) section 10 the definition of licence paragraph (d), a fish processor’s licence granted under subsection (1) is declared not to be personal property for the purposes of that Act.
76. Section 92 amended
After section 92(6) insert:
(7) In accordance with the Personal Property Securities Act 2009 (Commonwealth) section 10 the definition of licence paragraph (d), an aquaculture licence granted under subsection (1) is declared not to be personal property for the purposes of that Act.
Division 2 — Pearling Act 1990 amended
77. Act amended
This Division amends the Pearling Act 1990.
78. Section 23 amended
After section 23(1) insert:
(2A) In accordance with the Personal Property Securities Act 2009 (Commonwealth) section 10 the definition of licence paragraph (d), the following rights, entitlements or authorities are declared not to be personal property for purposes of that Act —
(a) a pearl oyster farm lease issued under subsection (1)(a);
(b) a pearling licence issued under subsection (1)(b);
(c) a pearl oyster hatchery licence issued under subsection (1)(c);
(d) a pearling permit issued under subsection (1)(g);
(e) a pearl oyster hatchery permit issued under subsection (1)(h).
Part 8 — Lands
Division 1 — Land Administration Act 1997 amended
79. Act amended
This Division amends the Land Administration Act 1997.
80. Section 48 amended
After section 48(2) insert:
(3) If a licence granted under subsection (1) is transferable by the licensee, in accordance with the Personal Property Securities Act 2009 (Commonwealth) section 10 the definition of licence paragraph (d), the licence is declared not to be personal property for the purposes of that Act.
81. Section 91 amended
After section 91(5) insert:
(6) If a licence granted under subsection (1) is transferable by the licensee, in accordance with the Personal Property Securities Act 2009 (Commonwealth) section 10 the definition of licence paragraph (d), the licence is declared not to be personal property for the purposes of that Act.
Part 9 — Mines and Petroleum
Division 1 — Mining Act 1978 amended
82. Act amended
This Division amends the Mining Act 1978.
83. Section 162A inserted
After section 161 insert:
162A. Certain things are not personal property for the purposes of the Personal Property Securities Act 2009 (Commonwealth)
In accordance with the Personal Property Securities Act 2009 (Commonwealth) section 10 the definition of licence paragraph (d), the following rights, entitlements or authorities are declared not to be personal property for the purposes of that Act —
(a) a prospecting licence granted under section 40(1), 56A(6) or 70(6);
(b) an exploration licence granted under section 57(1);
(c) a retention licence granted under section 70B(1);
(d) a mining lease granted under section 71;
(e) a general purpose lease granted under section 86(1);
(f) a miscellaneous licence granted under section 91(1).
Division 2 — Offshore Minerals Act 2003 amended
84. Act amended
This Division amends the Offshore Minerals Act 2003.
85. Section 443A inserted
After section 442 insert:
443A. Certain things are not personal property for the purposes of the Personal Property Securities Act 2009 (Commonwealth)
In accordance with the Personal Property Securities Act 2009 (Commonwealth) section 10 the definition of licence paragraph (d), the following rights, entitlements or authorities are declared not to be personal property for the purposes of that Act —
(a) an exploration licence granted under section 63(a) or 81(1);
(b) a retention licence granted under section 143(a);
(c) a mining licence granted under section 206(a) or 225(1);
(d) a works licence granted under section 276(a).
Division 3 — Petroleum and Geothermal Energy Resources Act 1967 amended
86. Act amended
This Division amends the Petroleum and Geothermal Energy Resources Act 1967.
87. Section 152 inserted
After section 151 insert:
152. Certain things are not personal property for the purposes of the Personal Property Securities Act 2009 (Commonwealth)
In accordance with the Personal Property Securities Act 2009 (Commonwealth) section 10 the definition of licence paragraph (d), the following rights, entitlements or authorities are declared not to be personal property for the purposes of that Act —
(a) a petroleum exploration permit or a geothermal exploration permit granted under section 37;
(b) a drilling reservation granted under section 43C(4);
(c) a petroleum retention lease or geothermal retention lease granted under section 48B(5);
(d) a petroleum production licence or geothermal production licence granted under section 61(4).
Division 4 — Petroleum Pipelines Act 1969 amended
88. Act amended
This Division amends the Petroleum Pipelines Act 1969.
89. Section 66E inserted
After section 66D insert:
66E. Licences under section 10 are not personal property for the purposes of the Personal Property Securities Act 2009 (Commonwealth)
In accordance with the Personal Property Securities Act 2009 (Commonwealth) section 10 the definition of licence paragraph (d), a licence granted under section 10 is declared not to be personal property for the purposes of that Act.
Division 5 — Petroleum (Submerged Lands) Act 1982 amended
90. Act amended
This Division amends the Petroleum (Submerged Lands) Act 1982.
91. Section 152I inserted
At the beginning of Part IV insert:
152I. Certain things are not personal property for the purposes of the Personal Property Securities Act 2009 (Commonwealth)
In accordance with the Personal Property Securities Act 2009 (Commonwealth) section 10 the definition of licence paragraph (d), the following rights, entitlements or authorities are declared not to be personal property for the purposes of that Act —
(a) an exploration permit for petroleum granted under section 27;
(b) a retention lease granted under section 38B(5);
(c) a production licence for petroleum granted under section 44(2);
(d) a licence to construct and operate a pipeline granted under section 65(10).
Part 10 — Premier
Division 1 — Gold Corporation Act 1987 amended
92. Act amended
This Division amends the Gold Corporation Act 1987.
93. Section 67 amended
(1) In section 67 delete “Where gold” and insert:
(1) Where gold
(2) At the end of section 67 insert:
(2) For the purposes of the Personal Property Securities Act 2009 (Commonwealth) section 259, gold that is collateral purchased by Gold Corporation, the Mint or GoldCorp under subsection (1), but not the proceeds from the sale of gold to Gold Corporation, the Mint, or GoldCorp, is declared to be an excluded matter in relation to section 32 of that Act.
Part 11 — Racing and Gaming
Division 1 — Liquor Control Act 1988 amended
94. Act amended
This Division amends the Liquor Control Act 1988.
95. Section 30A amended
After section 30A(2) insert:
(3) In accordance with the Personal Property Securities Act 2009 (Commonwealth) section 10 the definition of licence paragraph (d), a licence granted under subsection (1) that is transferable by the licensee is declared not to be personal property for the purposes of that Act.
Division 2 — The Western Australian Turf Club Act 1892 amended
96. Act amended
This Division amends The Western Australian Turf Club Act 1892.
97. Section 30 amended
In section 30 delete “The respective” and insert:
Subject to the Personal Property Securities Act 2009 (Commonwealth), the respective
Part 12 — Transport
Division 1 — Jetties Act 1926 amended
98. Act amended
This Division amends the Jetties Act 1926.
99. Section 8A amended
(1) Delete section 8A(4) and insert:
(4) The cost of removal under subsection (3) is a debt due to the Crown and a first charge in priority to all other claims on the materials comprising the private jetty.
(5A) In accordance with the Personal Property Securities Act 2009 (Commonwealth) section 73(2)(a), it is declared that section 73(2) of that Act applies to a charge created under subsection (4).
(5B) The Minister may recover that cost of removal under subsection (3) by causing the materials comprising the private jetty to be sold.
(5C) If under subsection (5B) any materials comprising the private jetty are sold in good faith to a person and the person takes the property in good faith, the person receives good title to the materials against every other person including its true owner.
(2) In section 8A(5) delete “subsection (4)” and insert:
subsection (5B)
Division 2 —
100. Act amended
This Division amends the
101. Section 9 amended
After section 9(5) insert:
(6) If a licence issued under subsection (1) is transferable by the licensee, in accordance with the Personal Property Securities Act 2009 (Commonwealth) section 10 the definition of licence paragraph (d), the licence is declared not to be personal property for the purposes of that Act.
Division 3 — Road Traffic Act 1974 amended
102. Act amended
This Division amends the Road Traffic Act 1974.
103. Section 15A inserted
At the end of Part II insert:
15A. Disclosure of information for the purposes of the Personal Property Securities Act 2009 (Commonwealth)
The Director General may disclose the following information to the Registrar as defined in the Personal Property Securities Act 2009 (Commonwealth) section 10 —
(a) information relating to vehicles that have been stolen or written off;
(b) information contained in the register of vehicle licences referred to in section 27(1) that the Director General considers to be relevant to the operation of the register as defined in section 10 of that Act.
Division 4 — Shipping and Pilotage Act 1967 amended
104. Act amended
This Division amends the Shipping and Pilotage Act 1967.
105. Section 5 amended
After section 5(3) insert:
(4A) If under subsection (3) any wreckage is sold in good faith to a person and the person takes the property in good faith, the person receives good title to the wreckage against every other person including its true owner.
Division 5 — Taxi Act 1994 amended
106. Act amended
This Division amends the Taxi Act 1994.
107. Section 16 amended
After section 16(9) insert:
(10A) In accordance with the Personal Property Securities Act 2009 (Commonwealth) section 10 the definition of licence paragraph (d), a lease of taxi plates under this section is declared not to be personal property for the purposes of that Act.
Division 6 — Transport Co‑ordination Act 1966 amended
108. Act amended
This Division amends the Transport Co‑ordination Act 1966.
109. Section 20 amended
After section 20(4) insert:
(5) In accordance with the Personal Property Securities Act 2009 (Commonwealth) section 10 the definition of licence paragraph (d), a licence granted under this Part is declared not to be personal property for the purposes of that Act.
110. Section 47ZD amended
After section 47ZD(6) insert:
(7) If a licence issued under subsection (1) is transferable by the licensee, in accordance with the Personal Property Securities Act 2009 (Commonwealth) section 10 the definition of licence paragraph (d), the licence is declared not to be personal property for the purposes of that Act.
Division 7 — Western Australian Marine Act 1982 amended
111. Act amended
This Division amends the Western Australian Marine Act 1982.
112. Section 71 amended
(1) Delete section 71(3) and insert:
(3) The cost of removal under subsection (2) is a debt due to the Crown and a first charge in priority to all other claims on the navigational hazard.
(4A) In accordance with the Personal Property Securities Act 2009 (Commonwealth) section 73(2)(a), it is declared that section 73(2) of that Act applies to a charge created under subsection (3).
(4B) The chief executive officer may recover the cost of removal under subsection (2) by —
(a) action in a court of competent jurisdiction against the owner of the navigational hazard; or
(b) selling or causing to be sold the navigational hazard.
(4C) If under subsection (4B)(b) any navigational hazard is sold in good faith to a person and the person takes the property in good faith, the person receives good title to the navigational hazard against every other person including its true owner.
(2) In section 71(4) delete “subsection (3)(b)” and insert:
subsection (4B)(b)
Division 8 — Western Australian Marine (Sea Dumping) Act 1981 amended
113. Act amended
This Division amends the Western Australian Marine (Sea Dumping) Act 1981.
114. Section 12 amended
(1) In section 12(3) delete “charge upon the vessel, aircraft or platform,” and insert:
first charge in priority to all other claims upon the vessel, aircraft or platform,
(2) After section 12(3) insert:
(4A) In accordance with the Personal Property Securities Act 2009 (Commonwealth) section 73(2)(a), it is declared that section 73(2) of that Act applies to a charge created under subsection (3).
Part 13 — Water
Division 1 — Country Areas Water Supply Act 1947 amended
115. Act amended
This Division amends the Country Areas Water Supply Act 1947.
116. Section 81 amended
(1) In section 81 delete “The” and insert:
(1) The
(2) At the end of section 81 insert:
(2) In accordance with the Personal Property Securities Act 2009 (Commonwealth) section 73(2)(a), it is declared that section 73(2) of that Act applies to a charge created under subsection (1).
Division 2 — Country Towns Sewerage Act 1948 amended
117. Act amended
This Division amends the Country Towns Sewerage Act 1948.
118. Section 79 amended
(1) In section 79 delete “The” and insert:
(1) The
(2) At the end of section 79 insert:
(2) In accordance with the Personal Property Securities Act 2009 (Commonwealth) section 73(2)(a), it is declared that section 73(2) of that Act applies to a charge created under subsection (1).
Division 3 — Metropolitan Water Supply, Sewerage, and Drainage Act 1909 amended
119. Act amended
This Division amends the Metropolitan Water Supply, Sewerage, and Drainage Act 1909.
120. Section 109 amended
(1) In section 109 delete “The” and insert:
(1) The
(2) At the end of section 109 insert:
(2) In accordance with the Personal Property Securities Act 2009 (Commonwealth) section 73(2)(a), it is declared that section 73(2) of that Act applies to a charge created under subsection (1).
Division 4 — Water Services Licensing Act 1995 amended
121. Act amended
This Division amends the Water Services Licensing Act 1995.
122. Section 60C inserted
After section 60B insert:
60C. Operating licence (water supply services) is not personal property for the purposes of the Personal Property Securities Act 2009 (Commonwealth)
If an operating licence granted under section 18 is transferable by the licensee, in accordance with the Personal Property Securities Act 2009 (Commonwealth) section 10 the definition of licence paragraph (d), the licence is declared not to be personal property for the purposes of that Act.
