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STATUTES AMENDMENT (PERSONAL PROPERTY SECURITIES) ACT 2011 (NO 11 OF 2011) - SECT 64

64—Insertion of Parts 5 and 6

After Part 4 insert:

Part 5—Provisions relating to PPS Act

26—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)         sections 6 to 13 (inclusive);

            (b)         sections 15 to 17 (inclusive);

            (c)         sections 23 and 24.

27—Provision of information to Commonwealth

        (1)         The Registrar-General may provide the PPS Registrar, or any other officer of the Commonwealth, with such information concerning stock mortgages and agreements conferring a preferable lien on wool 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 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.

28—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 27; 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 27.

29—Registrar-General may refuse to exercise functions

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

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

30—Registrar-General may dispose of certain documents

The Registrar-General may, following the registration commencement time, destroy or otherwise dispose of any stock mortgage or agreement conferring a preferable lien on wool kept in the Registrar-General's office, or any document or record kept in connection with such a mortgage or agreement, if, in the opinion of the Registrar-General, retention of the mortgage, lien or other document or record would serve no useful purpose.

31—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 6—Repeal of Act

32—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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