South Australian Numbered Acts

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STATUTES AMENDMENT (PERSONAL PROPERTY SECURITIES) ACT 2011 (NO 11 OF 2011) - SECT 45

45—Insertion of sections 11 to 16

After section 10 insert:

11—Certain provisions of Act to cease to have effect

Sections 3 to 7 (inclusive) will cease to have effect at the registration commencement time.

12—Provision of information to Commonwealth

        (1)         The Registrar-General of Deeds may provide the PPS Registrar, or any other officer of the Commonwealth, with such information concerning agreements registered under this Act, and any other information recorded by the Registrar-General in connection with registration under this Act, as the Registrar-General considers appropriate in order to assist the Commonwealth in establishing the PPS Register.

        (2)         The Registrar-General of Deeds 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-General 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.

13—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 12; 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 12.

14—Registrar-General may refuse to exercise functions

        (1)         The Registrar-General of Deeds may refuse to exercise a function under this Act during the pre-PPS transitional period.

        (2)         Without limiting subsection (1), the Registrar-General of Deeds 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.

15—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.

16—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.



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