South Australian Numbered Acts South Australian Numbered Acts118—Substitution of sections 85 and 86
Sections 85 and 86—delete the sections and substitute:
85—Charge on property if debt due to Crown
(1) This section applies to property (other than real property) if the owner of the property is liable to pay a debt due to the Crown under this Act.
(2) A charge on the property to secure payment of the debt to the Crown is created by force of this section.
(3) A charge created on property under subsection (2)
—
(a) has priority over any other interest in the property (including a security interest within the meaning of the Personal Property Securities Act 2009 of the Commonwealth); and
(b) has priority over all other encumbrances; and
(c) is not affected by a change in ownership of the property.
(4) Section 73(2) of the Personal Property Securities Act 2009 of the Commonwealth applies to the charge.
(5) The charge remains in force until the debt is paid in full or otherwise discharged.
86—Removal of machinery etc
(1) The owner of any machinery or goods on land—
(a) that is within a mineral tenement that has been transferred; or
(b) that has ceased to be subject to a mineral tenement,
may, at any time within the period of 3 months after the date of the transfer or the date on which the land ceased to be subject to the tenement (as the case may be), enter the land and remove the machinery or goods from the land.
(2) The Minister may cause any machinery or goods that have been abandoned on land that has been subject to a mineral tenement (whether or not a new tenement has been granted over the land) to be seized.
(3) Any machinery or goods seized under subsection (2)
are forfeited to the Crown and may be sold by the Minister.
(4) Any proceeds from a sale under subsection (3)
will be paid to the Treasurer.
(5) The Treasurer may, on application under this subsection, pay an amount equal to the proceeds of a sale under subsection (3)
to the person who abandoned the relevant machinery or goods, after deduction of an amount determined by the Treasurer to be reasonable costs associated with seizing, holding, maintaining, repairing, cleaning or selling the machinery or goods.
(6) An application under subsection (5)
must be made within 2 years from the date of sale (and after the expiration of that period no further claim may be made in relation to the machinery or goods).