Commonwealth Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

PERSONAL PROPERTY SECURITIES ACT 2009 (NO. 130, 2009) - SECT 66

Application of this Division

             (1)  This Division sets out the priority between 2 security interests (a transferor‑granted interest and a transferee‑granted interest) if:

                     (a)  a grantor transfers collateral (the transferred collateral ) to a transferee; and

                     (b)  immediately before the transfer, a security interest (the transferor‑granted interest ) is attached to the collateral; and

                     (c)  the transferee grants (whether before or after the transfer) a security interest (the transferee‑granted interest ) in the transferred collateral; and

                     (d)  neither the transferor‑granted interest nor the transferee‑granted interest is currently perfected by control.

Note 1:       If either or both of the interests are currently perfected by control under paragraph 21(2)(c), section 57 applies.

Note 2:       If the priority between a transferor‑granted interest and a transferee‑granted interest is not covered by this section, then section 55 applies.

Note 3:       For attachment and perfection in relation to transferred collateral, see section 34.

Note 4:       For a grantor's rights in relation to transferring collateral, see section 79.

             (2)  This Division does not prevent a secured party from perfecting a security interest in any way in order to have priority over another security interest.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback