Commonwealth Consolidated Acts

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PERSONAL PROPERTY SECURITIES ACT 2009 - SECT 138C

Seizure and disposal or retention of livestock

  (1)   Without limiting section   123 (secured party may seize collateral), for the purposes of seizing collateral under that section that is livestock, or the proceeds of livestock, the secured party may:

  (a)   take possession of the livestock or proceeds wherever it is located; or

  (b)   slaughter the livestock wherever it is located; or

  (c)   take livestock that is fish; or

  (d)   extract products from livestock (for example, by shearing sheep to extract wool).

Note:   A security interest may attach to a livestock product (for example, the wool of a sheep) as original collateral as mentioned in subsection   84A(2), or as proceeds.

  (2)   The secured party may dispose of, or retain, collateral that is livestock, or the proceeds of livestock, after it has been taken, slaughtered or extracted, subject to Divisions   2, 3, 4 and 5 (seizure, disposal or retention of collateral and objections).

  (3)   For the purposes of exercising a power under subsection   (1) or (2), or performing any related function under Division   2, 3 or 4, the secured party may enter the land on which, or the water source in which, the livestock or proceeds is located.

 


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