South Australian Numbered Acts South Australian Numbered ActsAfter Part 6 insert:
Part 7—Provisions relating to PPS Act
42—Certain provisions of Act to cease to have effect
(1) The following provisions of this Act will cease to have effect at the registration commencement time:
(a) section 7;
(b) sections 9 and 10;
(c) section 13;
(d) sections 17 to 18 (inclusive);
(e) section 19B;
(f) sections 19E and 20;
(g) section 22;
(h) the provisions of Part 4;
(i) section 36;
(j) section 37.
(2) Any proceedings on foot before the Supreme Court under section 17B or 19B at the registration commencement time are discontinued at the registration commencement time by force of this subsection.
43—Provision of information to Commonwealth
(1) The Registrar may provide the PPS Registrar, or any other officer of the Commonwealth, with such information concerning bills of sale registered under this Act, and any other information recorded by the Registrar in connection with registration under this Act, as the Registrar considers appropriate in order to assist the Commonwealth in establishing the PPS Register.
(2) The Registrar may provide the information referred to in subsection (1) in such form (including by means of electronic data or in a form approved for the purposes of the PPS Act) as the Registrar considers appropriate.
(3) In this section—
"PPS Register" means the Personal Property Securities Register established under the PPS Act;
"PPS Registrar" means the Registrar of Personal Property Securities under the PPS Act.
44—Immunity
The State, or an officer, employee or agent of the State, does not incur liability for anything done or omitted to be done in good faith by the State, officer, employee or agent—
(a) in the exercise of a power or the discharge of a duty under section 43; or
(b) in the reasonable belief that the act or omission was in the exercise of a power or the discharge of a duty under section 43.
45—Registrar may refuse to exercise functions
(1) The Registrar may refuse to exercise a function under this Act during the pre-PPS transitional period.
(2) Without limiting subsection (1), the Registrar may refuse to exercise a function during the pre-PPS transitional period in relation to a matter that was not finally determined or concluded immediately before the commencement of that period.
(3) In this section—
"migration time" has the same meaning as in the PPS Act;
"pre-PPS transitional period" means the period—
(a) commencing at the migration time or such earlier time as may be prescribed by the regulations; and
(b) ending at the registration commencement time.
46—Registrar may dispose of certain documents
The Registrar may, following the registration commencement time, destroy or otherwise dispose of any bill of sale kept in the Registrar's office, or any document or record kept in connection with such a bill of sale, if, in the opinion of the Registrar, retention of the bill of sale or other document or record would serve no useful purpose.
47—Regulations
(1) The Governor may make regulations containing provisions of a savings or transitional nature—
(a) consequent on the enactment of the Personal Property Securities (Commonwealth Powers) Act 2009 or on the commencement of specified provisions of that Act; or
(b) relevant to the interaction between this Act and the PPS Act.
(2) The Governor may, by regulation—
(a) provide that this Act is to apply to prescribed bills of sale, or bills of sale relating to property of a prescribed kind, as if it had not been amended by the Statutes Amendment (Personal Property Securities) Act 2011 (the "amending Act ) or as if specified amendments made by the amending Act had not been made; and
(b) make any consequential provision necessary in connection with a regulation under paragraph (a).
(3) The Registrar may provide such information concerning bills of sale, or other information recorded by the Registrar in connection with registration under this Act, as the Registrar considers appropriate to the person responsible for maintaining a register under another Act if the information is provided in accordance with an arrangement entered into by the Minister with the Minister responsible for the administration of the other Act.
Part 8—Repeal of Act
48—Repeal of Act
(1) After the registration commencement time, the Governor may, by proclamation, fix a date for the repeal of this Act.
(2) On the date fixed under subsection (1), this Act is repealed.