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ARTICLE · 27 NOVEMBER 2011

The Personal Property Securities Act: Delaying the Inevitable

Use the delay in registration commencement to review and update trading terms, systems and procedures to be PPSA ready.

AustraliaFinance and Banking

The PPSA, or its Registration Commencement Time (RCT), was expected to kick off on 31 October 2011 and we all waited with bated breath for this to occur...

Time passing

31 October 2011 has come and gone, so where are we now?

It has become clear that getting the PPS Register functional in time, meant that a commencement date of 31 October 2011 was no longer feasible. Section 306 of the PPSA provides that the RCT is the "start of the first day of the month that is 26 months after the month in which this Act is given the Royal Assent or an earlier time determined by the Minister."

The PPSA was given Royal Assent on 10 December 2009, so technically the latest RCT under the PPSA is 1 February 2012 (the "Deadline"). While no updated RCT has been formally announced as yet, 30 January 2012 is the date that the Attorney General's department is working towards and which is referred to on its website.

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