South Australian Numbered Acts South Australian Numbered ActsAfter Part 5 insert:
Part 6—Provisions relating to PPS Act
23—Certain provisions of Act to cease to have effect
The following provisions of this Act will cease to have effect at the registration commencement time:
(a) section 7(1)(b);
(b) section 8B;
(c) the provisions of Part 3.
24—Provision of information to Commonwealth
(1) The Registrar may provide the PPS Registrar, or any other officer of the Commonwealth, with such information concerning security interests 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.
25—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 24; 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 24.
26—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.
27—Expiry of registration 7 years after registration commencement time
Despite any other provision of this Act, the registration of all security interests registered under this Act immediately before the registration commencement time will expire on 1 May 2018 (unless otherwise cancelled before that day).
28—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 7—Expiry of Act
29—Expiry of Act
(1) Subject to this section, this Act will expire on the third anniversary of the commencement of this section.
(2) After the registration commencement time, the Governor may, by proclamation, fix a day on which this Act will expire that is earlier than the day that applies under subsection (1) (and this Act will then expire on the day fixed by proclamation).