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ARTICLE · 06 OCTOBER 2018

PPS Act – better finance and security for agribusiness

Farmers and graziers should consider a "PPS Act audit" to understand, verify and protect their rights over assets.

AustraliaReal Estate and Construction

The Personal Property Securities Act (PPS Act) gives priority to those who assist in the acquisition or production of crops and livestock. Common situations where the PPS Act can help your business include where you sell livestock or equipment on terms, supply feed or fertiliser, provide agistment or other services, or sell grain to resellers or under consignment agreements. The PPS Act can be used whenever a person wishes to obtain a right in assets to secure payment of a debt or other obligations.

The PPS Act generally operates on the basis that a person in possession of property (other than land), even if they do not own it, has the legal right to sell or mortgage it, subject to properly documented and registered interests on the PPS register. Some examples of how the PPS Act operates are:

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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