South Australian Numbered Acts South Australian Numbered Acts22—Amendment of Schedule 3—Registration etc of charges
(1) Schedule 3, clause 1—after the definition of "marketable security insert:
"PPS Act" means the Personal Property Securities Act 2009 of the Commonwealth;
(2) Schedule 3, clause 1, after the definition of "registrable charge insert:
"registration commencement time" has the same meaning as in the PPS Act.
(3) Schedule 3—after Part 3 insert:
Part 4—Provisions relating to PPS Act
50—Certain provisions of Schedule to cease to have effect
The following provisions of this Schedule will cease to have effect at the registration commencement time:
(a) clause 13;
(b) clauses 15 to 17 (inclusive);
(c) the provisions of Part 2 Division 4;
(d) the provisions of Part 2 Division 5;
(e) the provisions of Part 2 Division 6;
(f) clauses 40 and 41;
(g) the provisions of Part 3.
51—Provision of information to Commonwealth
(1) The Commission may provide the PPS Registrar, or any other officer of the Commonwealth, with such information concerning charges registered under this Schedule, and any other information recorded by the Commission in connection with registration under this Schedule, as the Commission considers appropriate in order to assist the Commonwealth in establishing the PPS Register.
(2) The Commission may provide the information referred to in subclause (1) in such form (including by means of electronic data or in a form approved for the purposes of the PPS Act) as the Commission considers appropriate.
(3) In this clause—
"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.
52—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 clause 51; 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 clause 51.
53—Commission may refuse to exercise functions
(1) The Commission may refuse to exercise a function under this Schedule during the pre-PPS transitional period.
(2) Without limiting subclause (1), the Commission 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 clause—
"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.
54—Regulations
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.
Part 5—Repeal of Schedule and Part 10 Division 2
55—Repeal of Schedule and Part 10 Division 2
(1) After the registration commencement time, the Governor may, by proclamation, fix a date for the repeal of this Schedule and Part 10 Division 2 of this Act.
(2) On the date fixed under subclause (1), this Schedule and Part 10 Division 2 of this Act are repealed.