Queensland Numbered Acts Queensland Numbered ActsAfter section 471--
insert--
'In this division--
application closing time has the meaning given by the PPS (Ancillary Provisions) Act, section 4.
defective notice has the meaning given by schedule 3, section 21(8) as in force immediately before the application closing time.
former register means the register of cooperative charges established under section 437 before the repeal of section 437(1)(c).
PPS (Ancillary Provisions) Act means the Personal Property Securities (Ancillary Provisions) Act 2010.
schedule 3 means schedule 3 as in force immediately before its repeal by the PPS (Ancillary Provisions) Act.
'(1) Despite the repeal of section 437(1)(c) by the PPS (Ancillary Provisions) Act, section 440 continues to apply for 2 years after the repeal in relation to particulars included in the former register immediately before the repeal.
'(2) A regulation may prescribe a fee under section 440 in relation to the former register.
'(3) The chief executive must keep a copy of the information contained in the former register, as it existed immediately before the repeal of section 437(1)(c), for 7 years after the repeal.
'(1) Subsection (2) applies if, before the application closing time--
(a) a defective notice in relation to a charge is filed with the registrar; and
(b) the charge is provisionally registered under schedule 3, section 21(1); and
(c) the registrar gives a direction by written notice under schedule 3, section 21(2) and the date stated in the notice is after the application closing time.
'(2) If the direction has not been complied with at the application closing time, the requirement to comply with the direction ceases.
'(3) Subsection (4) applies if--
(a) before the application closing time--
(i) a defective notice in relation to a charge is filed with the registrar; and
(ii) the charge is provisionally registered under schedule 3, section 21(1); and
(b) at the application closing time, the registrar has not given a direction under schedule 3, section 21(2).
'(4) At the application closing time, the requirement to give the direction ceases.
'(5) Subsection (6) applies despite schedule 3, section 22(1) as in force immediately before the application closing time.
'(6) At the application closing time, a charge mentioned in subsection (1) or (3) is taken to be registered.
'(1) This section applies if, after the application closing time, the registrar receives, under schedule 3, part 2, division 2, a notice in relation to a charge for registration in the former register.
'(2) Despite schedule 3, section 19, the registrar--
(a) can not deal with the notice after the application closing time; and
(b) must return the notice, and any other documents that accompanied the notice, to the person who filed the notice; and
(c) must refund any fee that accompanied the notice.
'(1) This section applies if, after the application closing time, the registrar receives, under schedule 3, part 2, division 2, a defective notice in relation to a charge for registration in the former register.
'(2) Despite schedule 3, section 21, the registrar--
(a) can not deal with the notice after the application closing time; and
(b) must return the notice, and any other documents that accompanied the notice, to the person who filed the notice; and
(c) must refund any fee that accompanied the notice.
'(1) This section applies to a registrable charge that, immediately before the repeal of schedule 3, is void under schedule 3, part 2, division 4.
'(2) Despite the repeal of schedule 3, the Supreme Court may declare the charge not to be, and never to have been, void if--
(a) an application is made to the court under schedule 3, section 29 in relation to the charge; and
(b) either--
(i) the application is made before the repeal and, at the time of the repeal, the court has not made a decision in relation to the application; or
(ii) the application is made at or after the repeal; and
(c) the court is satisfied of the matters set out in schedule 3, section 29.
'(1) This section applies to a registrable charge if--
(a) the charge becomes void after the repeal of schedule 3; and
(b) before the repeal, an application could have been made to the Supreme Court under schedule 3, section 29 in relation to the charge.
'(2) Despite the repeal of schedule 3, an application may be made under schedule 3, section 29 after the repeal in relation to the charge.
'(3) If an application is made to the court, the Supreme Court may declare the charge not to be, and never to have been, void if the court is satisfied of the matters set out in schedule 3, section 29.
'(1) This section applies to a charge--
(a) mentioned in schedule 3, section 33; and
(b) created before the repeal of schedule 3.
'(2) Despite the repeal of schedule 3, part 2, division 5 (the relevant provisions)--
(a) the relevant provisions continue to apply in relation to the charge; and
(b) the Supreme Court, on the application of the chargee under the charge, may give leave for the charge to be enforced if the court is satisfied of the matters mentioned in schedule 3, section 34; and
(c) schedule 3, section 35 continues to exclude the matters mentioned in it from the operation of schedule 3, section 33.
'(1) This section applies if, after the application closing time, the registrar receives, under schedule 3, section 36(1) or (2), a notice in relation to a charge for registration in the former register.
'(2) Despite schedule 3, section 24, the registrar--
(a) can not deal with the notice after the application closing time; and
(b) must return the notice, and any other documents that accompanied the notice, to the person who filed the notice; and
(c) must refund any fee that accompanied the notice.
'(1) This section applies if, after the application closing time, the registrar receives, under schedule 3, section 37(2), a memorandum in relation to a charge for registration in the former register.
'(2) Despite schedule 3, section 37(2), the registrar--
(a) can not deal with the memorandum after the application closing time; and
(b) must return the memorandum, and any other documents that accompanied the memorandum, to the cooperative that filed the memorandum; and
(c) must refund any fee that accompanied the memorandum.
'(1) Subsection (2) applies despite the repeal of schedule 3.
'(2) Schedule 3, sections 40 and 41 continues to apply for a period of 2 years after the repeal in relation to--
(a) documents kept under schedule 3, section 40 immediately before the repeal; and
(b) particulars included in the register under section 41 immediately before the repeal.
'(3) A regulation may prescribe amounts for the purposes of schedule 3, section 41(3)(b) and (5)(a) as continued by this section.
'(1) Subsection (2) applies despite the repeal of schedule 3.
'(2) Schedule 3, section 42 continues to apply for a period of 2 years after the repeal in relation to particulars included in the former register immediately before the repeal.
'(1) Subsection (2) applies despite the repeal of schedule 3.
'(2) After the repeal, registrable charges continue to have the priority between themselves that they would have had under schedule 3, part 3.
'(3) In this section--
registrable charge means a charge created before the repeal that was a registrable charge within the meaning given by schedule 3, section 1 when it was created.
'The amendment of the Cooperatives Regulation 1997 by the Personal Property Securities (Ancillary Provisions) Act 2010 does not affect the power of the Governor in Council to further amend the regulation or to repeal it.'.