Queensland Numbered Acts

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PERSONAL PROPERTY SECURITIES (ANCILLARY PROVISIONS) ACT 2010 No. 44 - SECT 217

217 Amendment of s 52 (Alteration etc. of ancillary works and encroachments)

(1) Section 52--

insert--

'(3A) If the chief executive sells ancillary works and encroachments, the proceeds of the sale must be applied in the following order--

(a) in payment of the expenses reasonably incurred by the chief executive in removing and selling the ancillary works and encroachments;
(b) if there is an amount owing to an entity under a security interest registered for the ancillary works and encroachments under the Personal Property Securities Act 2009 (Cwlth)--in payment of the amount owing under the security interest;
(c) the balance to the owner of the ancillary works and encroachments or, if the owner can not be found, to the consolidated fund.

'(3B) A secured party can not enforce any security interest in the proceeds of sale against an entity to whom an amount is payable under subsection (3A)(a) or (b).'.

(2) Section 52--

insert--

'(7) In this section--

secured party has the meaning given by the Personal Property Securities Act 2009 (Cwlth), section 10.'.



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