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ARTICLE · 05 AUGUST 2011

The Personal Property Securities Act 2009 (Cth) (PPSA)

An in depth look at the new Personal Property Securities Act and how it applies.

AustraliaFinance and Banking

What is the PPSA?

The Personal Property Securities Act 2009 (Cth) (PPSA) will provide a federal, streamlined approach for dealing with security interests in personal property. It will impact a broad spectrum of industries, including construction.

The current target date for commencement of the PPSA is 31 October 2011. Accordingly, it is now timely for organisations to consider the implications of the Act on their businesses and to determine what action, if any, needs to be taken in anticipation of the commencement of the new regime.

The PPSA sets up a register on which interested parties can protect their security interests in personal property.

How does the PPSA work?

The PPSA regulates security interests in personal property, which (generally speaking) is all property other than land and fixtures, subject to some exclusions. An excavator, a lift intended for installation and even intellectual property can all constitute personal property.

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