Commonwealth Consolidated Acts Commonwealth Consolidated ActsPersonal Property Securities Act 2009
1 Section 3
Omit:
Chapter 6 deals with the role of the courts in proceedings that relate to security interests in personal property. It confers jurisdiction on courts and provides rules for the transfer of proceedings between courts. It also describes the Registrar's role in judicial proceedings and contains provisions about proceedings for contravention of a civil penalty provision.
substitute:
Chapter 6 deals with the role of the courts in proceedings that relate to security interests in personal property. It confers jurisdiction on courts and provides rules for the transfer of proceedings between courts. It also describes the Registrar's role in judicial proceedings and applies Parts 4 and 6 of the Regulatory Powers Act to enable contraventions of civil penalty provisions to be enforced.
2 Section 10 (definition of civil penalty provision )
Repeal the definition, substitute:
"civil penalty provision" has the same meaning as in the Regulatory Powers Act.
3 Section 10 (definition of evidential burden )
Repeal the definition.
4 Section 10
Insert:
"Regulatory Powers Act" means the Regulatory Powers (Standard Provisions) Act 2014 .
5 Subsections 151(1) and (2) (penalty)
Repeal the penalty, substitute:
Civil penalty: 50 penalty units.
6 Subsection 151(4)
Repeal the subsection.
7 Subsection 172(3) (penalty)
Repeal the penalty, substitute:
Civil penalty: 50 penalty units.
8 Subsection 172(4)
Repeal the subsection.
9 Subsection 195A(4) (penalty)
Repeal the penalty, substitute:
Civil penalty: 50 penalty units.
10 Section 204
Omit:
Part 6.3 deals with proceedings for contravention of a civil penalty provision.
substitute:
Part 6.3 applies Parts 4 and 6 of the Regulatory Powers Act, which deal with proceedings for contravention of a civil penalty provision and enforceable undertakings.
11 Subsection 206(6)
Omit "(civil penalty proceedings)", substitute "(civil penalties and enforceable undertakings)".
12 Part 6.3
Repeal the Part, substitute:
Part 6.3 -- Civil penalties and enforceable undertakings
This Part applies Part 4 of the Regulatory Powers Act to enable the Registrar to enforce civil penalty provisions, and Part 6 of the Regulatory Powers Act to enable the Registrar to accept an enforceable undertaking.
On application by the Registrar, a relevant court can order the payment of a civil penalty for a breach of a civil penalty provision.
The Registrar may accept a written undertaking for the payment of a specified amount to the Commonwealth within a specified period. The undertaking is given by a person who has taken action that contravenes a civil penalty provision.
Enforceable civil penalty provisions
(1) Each civil penalty provision of this Act is enforceable under Part 4 of the Regulatory Powers Act.
Note: Part 4 of the Regulatory Powers Act allows a civil penalty provision to be enforced by obtaining an order for a person to pay a pecuniary penalty for the contravention of the provision.
Authorised applicant
(2) For the purposes of Part 4 of the Regulatory Powers Act, the Registrar is an authorised applicant in relation to the civil penalty provisions of this Act.
Relevant court
(3) For the purposes of Part 4 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the civil penalty provisions of this Act:
(a) the Federal Court;
(b) the Federal Circuit Court;
(c) a court of a State or Territory that has jurisdiction in relation to matters arising under this Act.
Extension to external Territories
(4) Part 4 of the Regulatory Powers Act, as that Part applies in relation to the civil penalty provisions of this Act, extends to Norfolk Island and such other external Territories (if any) as are prescribed by the regulations for the purposes of section 7.
Enforceable provisions
(1) Each civil penalty provision of this Act is enforceable under Part 6 of the Regulatory Powers Act.
Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.
Authorised person
(2) For the purposes of Part 6 of the Regulatory Powers Act, the Registrar is an authorised person in relation to the civil penalty provisions of this Act.
Relevant court
(3) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the civil penalty provisions of this Act:
(a) the Federal Court;
(b) the Federal Circuit Court;
(c) a court of a State or Territory that has jurisdiction in relation to matters arising under this Act.
Extension to external Territories
(4) Part 6 of the Regulatory Powers Act, as that Part applies in relation to the civil penalty provisions of this Act, extends to Norfolk Island and such other external Territories (if any) as are prescribed by the regulations for the purposes of section 7.
Part 2 -- Application and saving provisions
13 Application and saving provision--civil penalties
(1) Part 4 of the Regulatory Powers (Standard Provisions) Act 2014 , as that Part applies under section 221 of the Personal Property Securities Act 2009 , applies in relation to contraventions of civil penalty provisions occurring on or after the commencement of this Schedule.
(2) Divisions 1 to 3 of Part 6.3 of the Personal Property Securities Act 2009 , as in force immediately before the commencement of this Schedule, continue to apply on and after the commencement of this Schedule in relation to contraventions of civil penalty provisions occurring before that commencement.
14 Application and saving provision--enforceable undertakings
(1) Part 6 of the Regulatory Powers (Standard Provisions) Act 2014 , as that Part applies under section 222 of the Personal Property Securities Act 2009 , applies in relation to undertakings given on or after the commencement of this Schedule.
(2) Division 4 of Part 6.3 of the Personal Property Securities Act 2009 , as in force immediately before the commencement of this Schedule, continues to apply on and after the commencement in relation to the following:
(a) an undertaking given before the commencement of this Schedule;
(b) an application for an order made, but not decided, under subsection 231(1) of that Act before the commencement of this Schedule;
(c) an order made under subsection 231(2) of that Act before, on or after the commencement of this Schedule as a result of an application made before that commencement.