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ARTICLE · 13 MAY 2013

Does an Agistment give rise to a Security Interest?

An agistment is when you let someone graze their stock on your land for reward.

AustraliaCorporate/Commercial Law

Types of agistment

An agistment is when you let someone graze their stock on your land for reward.

Normally an agistment is a bailment. A bailment is simply where one person (the bailor) gives possession of goods, such as stock, to another person (the bailee), and the bailor has the right to receive the goods back. When the agistment is a bailment, the stock owner does not have a right to occupy the land and is not responsible for looking after the stock.

An agistment can also be in the form of a licence or lease of land rather than a bailment. This will be the case when the stock owner has the right to enter the land and to look after the stock.

PPSA

Under the Personal Property Securities Act 2009 (Cth) (the PPSA), some kinds of bailment interests are security interests governed by the PPSA. If an agistment falls within this class of regulated bailments, the interest of the stock owner will be a security interest under the PPSA. If it is a security

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