Information about the Inquiry

Inquiry into the Personal Property Securities Bill 2008 [Exposure Draft]

Information about the Inquiry

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Personal Property Securities Bill 2008 – Exposure draft

On 12 November 2008, the Senate referred an exposure draft of the Personal Property Securities Bill 2008 to the Standing Committee on Constitutional and Legal Affairs for inquiry and report.

The exposure draft, dated 10 November 2008, is available on the committee's website here (PDF 1485KB). This draft is a revised version of that originally released by the Attorney-General on 16 May 2008.  The Attorney-General's Department has also released a revised commentary on the Exposure Draft for December 2008 which you can find here (PDF 962KB).

The Attorney-General has advised the committee that the Council of Australian Governments (COAG) has agreed to implement a new personal property securities (PPS) system by May 2010; and that on 2 October 2008, COAG Ministers signed an inter-governmental agreement on PPS reform.

The Attorney-General has also advised that the PPS Bill will be supported by a referral of legislative power by the States to the Commonwealth; and that to effect a referral of power, referral legislation will need to be passed by each State Parliament.  He also advised that it will be necessary to settle the final text of the Bill with the States before it is introduced into any of the State Parliaments or the Commonwealth Parliament.

Personal Property Securities Reform

Personal property is any form of property other than land or buildings.  It includes tangibles such as cars and machinery, and intangibles such as shares, intellectual property and contract rights.  Personal property securities are created when a secured party takes an interest in personal property as security for a loan or other obligation, or enters into a transaction that in substance involves the provision of secured finance (such as a lease, factoring of book debts or a retention of title arrangement.)  Secured lending against items of personal property is a major element of both consumer and business financing in Australia.

The current PPS system is characterised by more than 70 pieces of Commonwealth, State and Territory legislation and more than 40 different registers of security interests in personal property. The Government considers that this system is unnecessarily restrictive in a modern national economy and creates unnecessary costs and complexity for lenders and borrowers.

The Government describes the proposed new PPS regime as a significant micro-economic reform and considers it to be a key aspect of the deregulation agenda. It contends that PPS reform will have a number of significant benefits, as follows.

  • It will provide greater certainty concerning whether personal property is subject to a security interest;

  • It will introduce arrangements that apply consistently and comprehensively throughout Australia;

  • It should reduce the cost associated with taking and enforcing security interests in personal property, and with ascertaining whether particular property is subject to a security interest.

  • The reform of personal property securities law should facilitate small to medium sized enterprises making all of their capital available to financiers as security for loans, and therefore offers the potential to improve their access to cheaper finance.

The 2007-08 Budget included funding for the Attorney-General's Department of $113.3m over five years to progress PPS reform.  The reform would involve the creation of a single piece of Commonwealth Legislation underpinned by a referral of legislative power from the States, to regulate PPS interests.  The legislative change would be supported by the creation of a single, national electronic register of PPS interests.

The committee's inquiry

The reporting date for this inquiry is 5 March 2009.

The Committee invites written submissions by Wednesday 10 December 2008.

Submissions should be sent to:

Committee Secretary
Senate Standing Committees on Legal and Constitutional Affairs
Department of the Senate
PO Box 6100
Parliament House
Canberra ACT 2600
Australia

The committee encourages the lodgement of submissions in electronic form. As the secretariat is in the process of implementing a new system for lodging submissions via the Parliament's website, you are strongly encouraged to revisit this webpage for further details about how to do this. Alternatively, intending submitters requiring further information could also contact the secretariat before lodging your submission.


NOTE:
The new Senate Committee Online Submission System can be accessed at: https://senate.aph.gov.au/submissions

If you have any questions or experience any problems using this system please contact the Senate Web Administrator at: web.senate@aph.gov.au

Notes to assist in preparing submissions are available from the website https://www.aph.gov.au/senate/committee/wit_sub/index.htm or telephone the secretariat on 02 6277 3560, fax: 02 6277 5794, or e-mail at the above address.

Once the committee accepts your submission, it becomes a confidential committee document and is protected by Parliamentary Privilege. You must not release your submission without the committee’s permission. If you do, it is not protected by Parliamentary Privilege. At some stage during the inquiry, the committee normally makes submissions public. Please indicate if you want your submission to be kept confidential.

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For further information, contact:

Committee Secretary
Senate Standing Committees on Legal and Constitutional Affairs
PO Box 6100
Parliament House
Canberra ACT 2600
Australia

Phone: +61 2 6277 3560
Fax: +61 2 6277 5794
Email: legcon.sen@aph.gov.au