The commencement on 30 January 2012, of the Personal Property Securities Act 2009 (“PPSA”) introduced a national regime that has created a significant impact on the way security interests are handled across Australia. In this respect, there are three major changes that might affect your business as follows:-
- Jewellers and artists need to register ownership of their work before consigning them to the galleries. If a gallery selling unregistered goods goes into Liquidation the consigned goods are considered as owned by the gallery.
- Lease of Serial Numbered Goods: if you lease or lend Serial Numbered Goods to a third party over ninety (90) days, your interest in the goods needs to be registered on the Personal Property Securities Register (“PPSR”) in order to be perfected as it is considered to be a PPS Lease under PPSA.
- Lease of Non-Serial Numbered Goods: the time frame for you to lease or lend Non-Serial Numbered Goods to a third party needs to be more than 12 months, otherwise your interest in the goods cannot be considered as a registrable PPS Lease.
- Register for retention of title clauses.
The registration process can be done online, simply click on the registration tab in the PPSR website. There is a fee which can be paid online. There are also account options.PPSR- Creating a registration*
- You need to set up “secured party group” on the register. This is simply setting up the defaults for the secured Creditors. PPSR- Creating a secured party group*
* Visit Australian Financial Security Authority’s YouTube channel for more video tutorials.
- National Australian Bank, “how does PPSA impact your business” http://learn.nab.com.au/how-the-ppsa-can-impact-your-business/
- Australian Financial Security Authority, “ Review of the PPS Act Announced “, http://www.ppsr.gov.au/Pages/ppsr.aspx