Commonwealth Consolidated Acts

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PERSONAL PROPERTY SECURITIES ACT 2009 - SECT 248

Non - referring State operation--activities

  (1)   This Act operates in a non - referring State in relation to a security interest, or another interest, in personal property, if the interest arises in the course of any of the following activities:

  (a)   trade or commerce with other countries, or among the States;

  (b)   activities undertaken by a constitutional corporation;

  (c)   banking, other than State banking;

  (d)   State banking extending beyond the limits of the State concerned;

  (e)   insurance, other than State insurance;

  (f)   State insurance extending beyond the limits of the State concerned;

  (g)   using postal, telegraphic, telephonic, or other like services;

  (h)   supplying goods or services to the Commonwealth, or an agency of the Commonwealth;

  (i)   conduct by the Commonwealth, or an agency of the Commonwealth;

  (j)   an activity related to a fishery in Australian waters beyond territorial limits.

  (2)   However, this Act stops operating under subsection   (1) in a non - referring State in relation to a security interest, or another interest, in personal property, if, after the interest arises:

  (a)   the interest is dealt with; and

  (b)   that dealing is not in the course of an activity to which subsection   (1) applies.

  (3)   Subsection   (2) does not limit the operation of this Act in a non - referring State otherwise than under this section.



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