Commonwealth Consolidated Acts

PERSONAL PROPERTY SECURITIES ACT 2009 - SECT 243

Operation in a referring State

  (1)   It is the Commonwealth Parliament's intention that this Act should operate in a referring State to the extent that it can in accordance with:

  (a)   the legislative powers that the Commonwealth Parliament has under section   51 of the Constitution (other than paragraph   51(xxxvii)); and

  (b)   the legislative powers that the Commonwealth Parliament has because of a reference or adoption by the Parliament of the referring State under paragraph   51(xxxvii) of the Constitution.

Note:   For the meaning of referring State , see section   244.

Operation in a non - referring State

  (2)   It is the Commonwealth Parliament's intention that this Act should operate in a non - referring State to the extent that it can in accordance with the Commonwealth Parliament's legislative powers under section   51 of the Constitution (other than paragraph   51(xxxvii)), including (but not limited to) the powers relating to the matters mentioned in sections   246 to 250.

Operation in a Territory

  (3)   It is the Commonwealth Parliament's intention that this Act should operate in a Territory to the extent that it can in accordance with the Commonwealth Parliament's legislative powers under:

  (a)   section   122 of the Constitution; and

  (b)   section   51 of the Constitution (other than paragraph   51(xxxvii)).

Note:   This Act extends to Norfolk Island, but only extends to other external Territories if regulations are made to provide for that extension (see section   7).

  (4)   Despite subsection   22(3) of the Acts Interpretation Act 1901 , this Act as applying in a Territory is a law of the Commonwealth.

Operation outside Australia

  (5)   It is the Commonwealth Parliament's intention that this Act should operate outside Australia to the extent that it can in accordance with the Commonwealth Parliament's legislative powers under:

  (a)   paragraph   51(xxix) of the Constitution; and

  (b)   the other legislative powers that the Commonwealth Parliament has under section   51 of the Constitution (other than paragraph   51(xxxvii)).

Note 1:   For the application of Australian and foreign law in relation to a security interest, see section   6 and Part   7.2.

Note 2:   For the relationship between this Act and other Australian laws, see Part   7.4.