Victorian Numbered Acts Victorian Numbered ActsFor Part 4 of the Chattel Securities Act 1987 substitute —
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In this Part—
2010 Act means the Personal Property Securities (Statute Law Revision and Implementation) Act 2010 ;
"Commonwealth PPS Act" means the Personal Property Securities Act 2009 of the Commonwealth;
"continued register" means any information kept by the Corporation under section 33;
"PPS Registrar" means the Registrar of Personal Property Securities appointed under the Commonwealth PPS Act.
(1) Despite the commencement of section 3 of the 2010 Act, section 3(1) of this Act, as in force immediately before that commencement, is taken to continue in effect to the extent necessary for this Part.
(2) Despite the commencement of section 3 of the 2010 Act, section 3(2), (4), (5), (6), (7) and (8) of this Act as in force immediately before that commencement are taken to continue in effect to the extent necessary for section 6 of this Act.
Despite the commencement of section 4 of the 2010 Act, the following provisions of this Act, as in force immediately before that commencement, are taken to continue in effect to the extent necessary for section 6—
(a) section 4; and
(b) section 7(1), (1A), (1B), (3), (4), (5), (6), (7), (8) and (9); and
(c) section 8; and
(d) section 9; and
(e) section 10; and
(f) section 11.
Despite the commencement of section 5 of the 2010 Act, section 14 as in force immediately before that commencement is taken to continue in effect to the extent necessary for the operation of section 33.
Despite the commencement of section 5 of the 2010 Act, in relation to the register kept under section 15 as in force immediately before that commencement, the Corporation may continue to keep, in whole or in part, the information that was in that register immediately before that commencement.
An arrangement with a corresponding Authority entered into under section 15A as in force before the commencement of section 5 of the 2010 Act, being an arrangement as in force immediately before that commencement, is taken to continue in force on and after that commencement in relation to matters occurring before that commencement.
Despite the commencement of section 5 of the 2010 Act, the Corporation may vary the particulars of a security interest in the continued register and note in the continued register the date on which, and time at which, those particulars are varied if—
(a) there is a change in the particulars of that security interest (other than by reason that the security interest is discharged or extinguished); and
(b) the secured party makes an application under section 21 for the variation of those particulars before that commencement; and
(c) those particulars are not varied in accordance with the application before that commencement.
Despite the commencement of section 5 of the 2010 Act, if a prescribed change occurs in the particulars of a security interest in an entry to the register before that commencement and the particulars are not varied under section 22 before that commencement, the Corporation may—
(a) vary those particulars in the continued register to reflect the prescribed change; and
(b) note in the continued register the date on which, and the time at which, the particulars are varied.
(1) Despite the commencement of section 5 of the 2010 Act, if the Corporation considers that there is an inaccuracy in the information in the continued register relating to a security interest in respect of goods, the Corporation may by notice in writing require the holder of the security interest in those goods to advise the Corporation in writing within the period specified in the notice as to whether the information in the continued register should be varied as specified in the notice.
(2) If the holder of the security interest fails to advise or inadequately advises the Corporation in writing within the period specified in the notice, the Corporation may upon the expiry of that period vary the information in the continued register as specified in the notice.
Despite the commencement of section 5 of the 2010 Act, the Corporation may, if—
(a) a show cause notice under section 23(1) was given to a person before that commencement; and
(b) the period specified in the notice within which the person must show cause ends after that commencement; and
(c) the person fails to show cause as required by the notice within the period specified in the notice—
remove the particulars of the security interest to which the notice relates from the continued register.
(1) Despite the commencement of section 5 of the 2010 Act, a person may apply to the Corporation for a certificate containing particulars of information contained in the continued register in respect of specified goods or, if there is no information in the continued register in respect of those goods, a certificate containing a statement to that effect.
(2) In addition to the information referred to in subsection (1), the Corporation may provide with a certificate any other information relating to—
(a) goods whether or not there is any information in the continued register (including information about security interests in respect of those goods); or
(b) goods which a member of the police force has advised the Corporation have been reported to a member of the police force as being stolen or otherwise illegally obtained; or
(c) goods which are specified in a notice served under section 84W(1) or 84Y(1) of the Road Safety Act 1986 —
being information provided in writing to the Corporation for the purposes of this subsection or for the purposes of section 24(2) as in force immediately before the commencement of section 5 of the 2010 Act.
(3) Despite the commencement of section 5 of the 2010 Act, neither the Corporation nor any other person incurs any liability in respect of a certificate issued under subsection (1) or information provided under subsection (2) if—
(a) the certificate or information contains or is accompanied by a disclaimer that the certificate or information is provided without liability and without any responsibility for the accuracy of the certificate or information; and
(b) the certificate or information is provided in good faith.
(4) The applicant for a certificate under subsection (1) must pay the prescribed fee, if any.
Despite the commencement of section 5 of the 2010 Act, the Corporation may, on the payment of the prescribed fee (if any) provide information of the type referred to in section 39(1) and (2) to a person without providing a certificate under section 39 in the approved form.
(1) The Corporation may, if it varies particulars of a security interest or information in the continued register under section 35, 36 or 37(2) provide the PPS Registrar with written notice of—
(a) the variation of the particulars or information in the continued register; and
(b) details of the varied particulars or information.
(2) The Corporation may, if it removes the particulars of a security interest from the continued register under section 38, provide the PPS Registrar with written notice of—
(a) the removal of the particulars from the continued register; and
(b) details of the removed particulars.
(3) If the Corporation removes the particulars of a security interest from the continued register under section 38, the Corporation must give written notice to the holder of that security interest that the particulars of the security interest have been varied or removed in the continued register.
Despite the commencement of section 5 of the 2010 Act, the Corporation after that commencement may recover a fee or charge—
(a) incurred under Part 3 before that commencement; or
(b) for varying the particulars of a security interest under section 22(2) (as in force before that commencement) or under section 36 to reflect a prescribed change that occurred before that commencement—
if the fee or charge is unpaid immediately before that commencement.
Despite the commencement of section 6 of the 2010 Act, the Corporation may deal with a request made by the Corporation under section 31, as in force immediately before that commencement, if—
(a) the Corporation made the request before that commencement; and
(b) the request was not complied with before that commencement—
as if the power of the Corporation under section 31, as in force immediately before that commencement, to request vehicle identification numbers continues in effect.
Despite the commencement of section 6 of the 2010 Act, section 32 as in force immediately before that commencement is taken to continue in effect to the extent necessary for this Act.
(1) The Governor in Council may make regulations for or with respect to prescribing any matter or thing which is authorised or required to be prescribed for carrying out or giving effect to this Part.
(2) Without limiting subsection (1), regulations may—
(a) prescribe changes for the purposes of section 36; and
(b) provide for the payment of fees including—
(i) the matters for which fees are payable; and
(ii) the amount of the fees; and
(iii) the persons by whom the fees are payable.
(3) A power conferred by this Act to make regulations providing for the imposition of fees may be exercised by providing for all or any of the following matters—
(a) specific fees;
(b) maximum or minimum fees;
(c) maximum and minimum fees;
(d) ad valorem fees;
(e) the payment of fees either generally or under specified conditions or in specified circumstances;
(f) the reduction, waiver or refund, in whole or in part, of the fees.
(4) If under subsection (3)(f) regulations provide for a reduction, waiver or refund, in whole or in part, of a fee, the reduction, waiver or refund may be expressed to apply either generally or specifically—
(a) in respect of certain matters or transactions or classes of matters or transactions; or
(b) in respect of certain documents or classes of documents; or
(c) when an event happens; or
(d) in respect of certain persons or classes of persons; or
(e) in respect of any combination of such matters, transactions, documents, events or persons; or
(f) subject to specified conditions or in the discretion of any specified person or body.
(5) The regulations—
(a) may be of general or specifically limited application; and
(b) may differ according to differences in time, place or circumstances.".
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