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PERSONAL PROPERTY SECURITIES ACT 2009 - SECT 320

Guide to priority rules for transitional security interests

  (1)   The following table is a guide to how this Act applies to the determination of priorities involving transitional security interests:

 

Priorities involving transitional security interests

Item

The following security interest:

has priority over ...

because of ...

1

a perfected transitional security interest

an unperfected security interest (whether transitional or not)

subsection   55(3).

2

a perfected transitional security interest

a perfected security interest that is not a transitional security interest

subsection   55(5) and sections   322 and 322A.

3

an unperfected transitional security interest

an unperfected security interest that is not a transitional security interest

subsection   55(2) and section   321.

4

a perfected security interest (whether transitional or not)

an unperfected transitional security interest

subsection   55(3).

  (2)   Other priorities involving transitional security interests are dealt with under this Division   as follows:

  (a)   for the priority between 2 perfected transitional security interests, see section   323;

  (b)   for the priority between 2 unperfected transitional security interests, see section   323;

  (c)   for the priority between 2 security interests, one or both of which is a transitional security interest, if the priority comes to be determined after the end of the month that is 24 months after the registration commencement time in circumstances involving insolvency or bankruptcy, see section   324.

  (3)   In this section, a reference to a perfected transitional security interest is taken to be a reference to a transitional security interest that has been continuously perfected, at the time the priority comes to be determined, since immediately before the registration commencement time.



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