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ARTICLE · 10 SEPTEMBER 2008

Personal Property Securities Law: The Practical Issues

The Australian Attorney-General has now released the Discussion Paper for the Regulations to be made under the Personal Property Securities Act.

AustraliaFinance and Banking

The Australian Attorney-General has now released the Discussion Paper for the Regulations to be made under the Personal Property Securities Act.

The Regulations will contain many provisions which are relevant to the practical operation of the new legislation, including in respect of the personal property securities (PPS) register. As registration will be the key way in which security interests will be perfected under the new PPS regime, a detailed understanding of the Regulations will be important to banks, financial institutions and others that take or grant personal property securities.

Background

The consultation draft of the Personal Property Securities Bill was released by the Attorney-General on 16 May 2008. As explained in our Alert of 19 May 2008, when that Bill (as it may be modified) becomes law, it will radically change the way in which security is taken over personal property

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