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CORPORATIONS ACT 2001 - SECT 273B

Application of State and Territory laws to transfers, assignments or giving of charges registered under this Part

(1) This section deals with how particular State and Territory laws apply to a transfer, assignment or giving of a security by a company that is registrable under those laws if:

(a)
notice in relation to the transfer, assignment or giving of security must be lodged under this Part; and

(b)
the transfer, assignment or giving of security is registered under this Part.

The laws are called specified laws and are identified in subsections (3) and (4). The particular specified law under which the transfer, assignment or giving of security is registrable is called the applicable registration law .

Note: Section 273E provides that this section does not apply to certain joint charges.

(2) The transfer, assignment or giving of security is, subject to subsection 273A(3), as valid and effectual as if it had been duly registered under the applicable registration law. (3) The specified laws are the State or Territory laws that are:

(a)
specified in the following table; or

(b)
specified by the regulations for the purposes of this section.

Specified laws for the purposes of this section
Law Jurisdiction
1 Bills of Sale Act 1898 New South Wales
2 Bills of Sale and Other Instruments Act 1955 Part II Queensland
3 Bills of Sale Act 1886 South Australia
4 Bills of Sale Act 1899 Western Australia
5 Bills of Sale Act 1900 Tasmania
6 Instruments Act 1933 Part III Australian Capital Territory
7 Instruments Act Part II Northern Territory

(4) The regulations may provide that a law specified in the table in subsection (3) is not a specified law for the purposes of this section. (5) The specified provisions are the provisions of State or Territory laws that are:

(a)
specified in the following table; or

(b)
specified by the regulations for the purposes of this section.

Specified provisions for the purposes of this section
Provisions Law Jurisdiction
1 all the provisions Bills of Sale Act 1899 New South Wales
2 all the provisions Bills of Sale and Other Instruments Act 1955 Part II Queensland
3 all the provisions Bills of Sale Act 1886 South Australia
4 all the provisions Bills of Sale Act 1899 Western Australia
5 all the provisions Bills of Sale Act 1900 Tasmania
6 all the provisions Instruments Act 1933 Part III Australian Capital Territory
7 all the provisions Instruments Act Part II Northern Territory

(6) The regulations may provide that a provision specified in the table in subsection (5) is not a specified provision for the purposes of this section.



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