CCH Note:
Part 13 of the
Corporations Act 1989, inserted
by sec 6 of No 110 of 1990, Sch 1 (effective 1 January 1991), begins as
follows:
PART 13 - THE CORPORATIONS LAW
THE CORPORATIONS LAW
82
The Corporations Law is as follows:...
CHAPTER 2K - CHARGES
PART 2K.2 - REGISTRATION
History
Div 2 renumbered to Pt 2K.2 by No 61 of 1998, Sch 3 (effective 1 July 1998).
SECTION 273
REGISTRATION UNDER OTHER LEGISLATION RELATING TO CHARGES
273(1)
[Registration may not be necessary]
Where, whether before or after the prescribed time, a notice in relation to a charge is required to be lodged under this Part:
(a)
the charge need not be registered under a specified law of this jurisdiction; and
(b)
no provision of a specified law of this jurisdiction relating to priorities applies to or in relation to the charge; and
(c)
a failure to register the charge under a specified law of this jurisdiction does not affect the validity, or limit the effect, of the charge.
History
S 273(1) amended by No 61 of 1998, Sch 3 (effective 1 July 1998).
S 273(1) amended by No 201 of 1991, Sch 4 (effective 1 January 1991).
S 273(1) amended by No 110 of 1990, Sch 1 (effective 18 December 1990).
273(2)
[Validity]
Where:
(a)
a transfer, assignment, or giving of security, by a company is registrable under a specified law of this jurisdiction;
(b)
notice in relation to the transfer, assignment or giving of security is required to be lodged under this Part; and
(c)
the transfer, assignment or giving of security is registered under this Part;
then:
(d)
the transfer, assignment or giving of security is, subject to paragraph (1)(b), as valid and effectual; and
(e)
by force of this subsection, the specified provisions (if any) of a law of this jurisdiction have effect, with the prescribed modifications (if any), in relation to the transfer, assignment or giving of security;
as if it had been duly registered under that specified law.
History
S 273(2) amended by No 61 of 1998, Sch 3 (effective 1 July 1998).
S 273(2) amended by No 110 of 1990, Sch 1 (effective 18 December 1990).
273(3)
[Crop and wool liens and stock mortgages]
Where:
(a)
a crop lien, wool lien, or stock mortgage, given by a company is registrable under a specified law of this jurisdiction;
(b)
notice in relation to the crop lien, wool lien, or stock mortgage, is required to be lodged under this Part; and
(c)
the crop lien, wool lien, or stock mortgage, is registered under this Part;
then:
(d)
the crop lien, wool lien or stock mortgage is, subject to paragraph (1)(b), as valid and effectual; and
(e)
by force of this subsection, the specified provisions (if any) of a law of this jurisdiction have effect, with the prescribed modifications (if any), in relation to the crop lien, wool lien, or stock mortgage;
as if it had been duly registered under that specified law.
History
S 273(3) amended by No 61 of 1998, Sch 3 (effective 1 July 1998).
S 273(3) amended by No 110 of 1990, Sch 1 (effective 18 December 1990).
273(4)
[Regulations affecting application of other legislation]
Subject to this Chapter, the regulations may provide that specified provisions of a law of this jurisdiction:
(a)
do not apply; or
(b)
apply, because of the regulations and with the prescribed modifications (if any);
in relation to specified charges in relation to which notices must be lodged under this Part.
History
S 273(4) amended by No 61 of 1998, Sch 3 (effective 1 July 1998).
S 273(4) amended by No 201 of 1991, Sch 4 (effective 1 January 1991).
S 273(4) amended by No 110 of 1990, Sch 1 (effective 18 December 1990).
273(5)
[Exemption for certain joint charges]
Nothing in this section applies in relation to a charge given by a company jointly with another person who is not, or other persons at least one of whom is not, a company.
273(6)
[``specified'']
In this section:
``specified''
means specified in an application order.
History
S 273(6) inserted by No 110 of 1990, Sch 1 (effective 18 December
1990).