Commonwealth Consolidated Acts Commonwealth Consolidated Acts
1 Section 32
After "59", insert "or 59A".
Marine Navigation Levy Collection Act 1989
2 Section 10
Before "Any", insert "(1)".
3 At the end of section 10
Add:
(2) While a ship is detained under subsection (1), a person does not have the power of seizure provided for by section 123 of the Personal Property Securities Act 2009 in relation to the ship.
Marine Navigation (Regulatory Functions) Levy Collection Act 1991
4 Section 9
Before "Any", insert "(1)".
5 At the end of section 9
Add:
(2) While a ship is detained under subsection (1), a person does not have the power of seizure provided for by section 123 of the Personal Property Securities Act 2009 in relation to the ship.
6 Subsection 6(1)
Insert:
"PPSA security interest" (short for Personal Property Securities Act security interest) means:
(a) a security interest within the meaning of the Personal Property Securities Act 2009 and to which that Act applies (other than a transitional security interest within the meaning of that Act); or
(b) a transitional security interest within the meaning of that Act, and to which Division 4 of Part 9.4 of that Act applies.
Note 1: The Personal Property Securities Act 2009 applies to certain security interests in personal property. See the following provisions of that Act:
(a) section 8 (interests to which the Act does not apply);
(b) section 12 (meaning of security interest );
(c) Chapter 9 (transitional provisions).
Note 2: For the meaning of transitional security interest , see section 308 of the Personal Property Securities Act 2009 . Division 4 of Part 9.4 of that Act applies to transitional security interests in situations including the bankruptcy or insolvency of a secured party, grantor or debtor.
7 Subsection 83(2)
Omit "shall have priority over all other liens.", substitute:
has priority over:
(a) all other liens; and
(b) any PPSA security interest in the ship.
8 After subsection 83(2)
Insert:
(2A) Subsection 73(2) of the Personal Property Securities Act 2009 applies to the lien for seamen's wages.
Note 1: The effect of subsection (2A) is that the priority between a lien for seamen's wages and a PPSA security interest is to be determined in accordance with this Act rather than the Personal Property Securities Act 2009 .
Note 2: Subsection 73(2) of the Personal Property Securities Act 2009 applies to liens for seamen's wages that arise after the commencement of subsection (2A) of this section (which commences at the registration commencement time within the meaning of the Personal Property Securities Act 2009 ).
9 After subsection 128(2)
Insert:
(2A) A charge that arises under subsection (2) and that relates to expenses that are being recovered in the same court and manner as wages due to seamen has priority over a PPSA security interest in the ship.
(2B) Subsection 73(2) of the Personal Property Securities Act 2009 applies to a charge covered by subsection (2A).
Note 1: The effect of subsection (2B) is that the priority between a charge covered by subsection (2A) and a PPSA security interest is to be determined in accordance with this Act rather than the Personal Property Securities Act 2009 .
Note 2: Subsection 73(2) of the Personal Property Securities Act 2009 applies to charges that are covered by subsection (2A) that arise after the commencement of subsection (2B) of this section (which commences at the registration commencement time within the meaning of the Personal Property Securities Act 2009 ).
10 After subsection 298(2)
Insert:
(2A) A charge that arises under subsection (2) has priority over any PPSA security interest in the ship.
(2B) Subsection 73(2) of the Personal Property Securities Act 2009 applies to a charge that arises under subsection (2).
Note 1: The effect of subsection (2B) is that the priority between a charge that arises under subsection (2) and a PPSA security interest is to be determined in accordance with this Act rather than the Personal Property Securities Act 2009 .
Note 2: Subsection 73(2) of the Personal Property Securities Act 2009 applies to charges that arise under subsection (2) that arise after the commencement of subsection (2B) of this section (which commences at the registration commencement time within the meaning of the Personal Property Securities Act 2009 ).
Protection of the Sea (Civil Liability) Act 1981
11 After subsection 22(1A)
Insert:
(1B) While a ship is detained under this section, a person does not have the power of seizure provided for by section 123 of the Personal Property Securities Act 2009 in relation to the ship.
Protection of the Sea (Harmful Anti - fouling Systems) Act 2006
12 At the end of section 18
Add:
(6) While a ship is detained under subsection (1), a person does not have the power of seizure provided for by section 123 of the Personal Property Securities Act 2009 in relation to the ship.
Protection of the Sea (Prevention of Pollution from Ships) Act 1983
13 After subsection 27A(5A)
Insert:
(5B) While a foreign ship is detained under subsection (1), a person does not have the power of seizure provided for by section 123 of the Personal Property Securities Act 2009 in relation to the ship.
Protection of the Sea (Shipping Levy Collection) Act 1981
14 At the end of section 12
Add:
(4) While a ship is detained under subsection (1), a person does not have the power of seizure provided for by section 123 of the Personal Property Securities Act 2009 in relation to the ship.
Shipping Registration Act 1981
15 Subsection 3(1) (definition of mortgage )
Repeal the definition.
16 Subsection 3(1)
Insert:
"PPSA security interest" (short for Personal Property Securities Act security interest) means a security interest within the meaning of the Personal Property Securities Act 2009 and to which that Act applies (other than a transitional security interest within the meaning of that Act).
Note: The Personal Property Securities Act 2009 applies to certain security interests in personal property. See the following provisions of that Act:
(a) section 8 (interests to which the Act does not apply);
(b) section 12 (meaning of security interest );
(c) Chapter 9 (transitional provisions).
17 Part III (heading)
Repeal the heading, substitute:
Part III -- Transfers, transmissions, security interests and other dealings
18 Sections 38 to 44A
Repeal the sections.
19 Section 47
Omit "41,".
20 After subsection 47A(1)
Insert:
(1A) Subsection (1) does not apply to an interest in a ship, or in a share in a ship, that is a PPSA security interest.
21 Paragraphs 47B(1)(a) and (b)
Omit ", or as a mortgagee,".
22 Subsection 47D(3)
Repeal the subsection, substitute:
(3) A caveat does not prevent the Registrar from entering in the Register the transmission of a ship, or of a share in a ship, to a person if the person becomes entitled to the transmission by operation of law, except to the extent that the caveat specifies otherwise.
23 Subparagraph 58(1)(b)(i)
Omit ", other than particulars relating to a mortgage,".
24 Paragraph 58(3)(a)
Omit "except so far as it relates to any unsatisfied mortgage of the ship".
25 After section 59
Insert:
59A Rectification of Personal Property Securities Register
(1) This section applies if:
(a) a financing statement describing a ship, or a share in a ship, has been registered in the PPS Register; and
(b) any of the following circumstances apply (whether or not by reason of a decision of the PPS Registrar):
(i) data in relation to the financing statement (including the entire registration) has been removed from the PPS Register;
(ii) the financing statement, or a financing change statement to amend the financing statement, was wrongly registered, or was registered without sufficient cause;
(iii) there is an error, omission or other defect in the financing statement.
(2) A person aggrieved by the circumstance or the PPS Registrar may apply to the Supreme Court of a State or Territory for rectification of the PPS Register.
(3) Notice of an application under subsection (2) by a person aggrieved must be served on the PPS Registrar, who:
(a) may appear and be heard; and
(b) must appear if so directed by the Court.
(4) On an application under subsection (2), the Court may make such order as it thinks fit directing the rectification of the PPS Register.
(5) A Court may, in proceedings on an application under subsection (2), decide any question that it is necessary or expedient to decide in connection with the rectification of the PPS Register.
(6) An office copy of an order under subsection (4) must be served on the PPS Registrar, and the PPS Registrar must, upon receipt of the order, rectify the PPS Register accordingly.
(7) If the PPS Register is rectified under this section, but could have been similarly rectified under a provision of the Personal Property Securities Act 2009 , that Act applies as if the PPS Register had been rectified under that provision of the Personal Property Securities Act 2009 .
Note: The Personal Property Securities Act 2009 includes various rules about access to data in the PPS Register that has been the subject of rectification under that Act. Subsection (7) of this section ensures that those rules apply in relation to rectification under this Act as well.
(8) In this section:
"financing change statement" has the meaning given by the Personal Property Securities Act 2009 .
"financing statement" has the meaning given by the Personal Property Securities Act 2009 .
"PPS Register" means the Personal Property Securities Register established under section 147 of the Personal Property Securities Act 2009 .
"PPS Registrar" means the Registrar of Personal Property Securities appointed under section 194 of the Personal Property Securities Act 2009 .
Note: The heading to section 59 is replaced by the heading " Rectification of Australian Register of Ships ".
26 Paragraph 66(3)(a)
Omit "except so far as it relates to any unsatisfied mortgage of the ship".
27 Subsections 66(4) to (9) and (11)
Repeal the subsections.
28 Subsection 74(1)
Omit "24(1), 26(3), 36(2), 37(1), 41(2), 42(2), 43(1) or 44(1)", substitute "26(3), 36(2) or 37(1)".
29 Subsection 74(2)
Omit "41(2), 42(2), 43(1) or 44(1), subsection".
30 Section 79
Omit ", the registration of a mortgage, the transfer of a mortgage".
31 Section 81
Omit ", 66".
32 Subsection 82(1)
Omit ", 66".
33 Application--items 15, 17 to 19 and 22 to 24
(1) The amendments of the Shipping Registration Act 1981 made by items 15, 17 to 19 and 22 to 24 of this Schedule apply in relation to an interest of a mortgagor in a mortgage of a ship, or of a share in a ship, regardless of when the interest arose.
(2) However, interests that are mortgages registered under the Shipping Registration Act 1981 before the time the items covered by subitem (1) commence have the priority between themselves that they would have had under that Act as in force immediately before that time, subject to Chapter 9 (Transitional provisions) of the Personal Property Securities Act 2009 .
34 Application--item 20
The amendment of the Shipping Registration Act 1981 made by item 20 of this Schedule does not affect the validity or effectiveness of a caveat lodged under section 47A of the Shipping Registration Act 1981 before the time the item commences.
35 Application--item 21
The amendment of the Shipping Registration Act 1981 made by item 21 of this Schedule does not apply to an interest in relation to which a caveat has been lodged under section 47A of that Act before the time the item commences.
36 Application--item 25
The amendment of the Shipping Registration Act 1981 made by item 25 of this Schedule applies in relation to a registration under the Personal Property Securities Act 2009 with respect to a security interest regardless of when the security interest arises.
37 Application--item 27
The requirement in subsection 66(4) of the Shipping Registration Act 1981 (as in force immediately before the time item 27 of this Schedule commences) to give notice to a mortgagee stops applying at the time that item commences.
38 Application--items 28 and 29
The amendments of the Shipping Registration Act 1981 made by items 28 and 29 of this Schedule do not apply in relation to a contravention of a provision mentioned in subsection 74(1) or (2) of that Act (as in force immediately before the time the items commence) if the contravention occurred before that time.
Note: The items in this Schedule commence at the registration commencement time within the meaning of section 306 of the Personal Property Securities Act 2009 .