Personal Property Securities (Consequential Amendments) Act 2009 (131 of 2009)

Schedule 1   Fisheries legislation

Fisheries Management Act 1991

16   Subdivision F of Division 6 of Part 6

Repeal the Subdivision, substitute:

Subdivision F - Enforcement action under this Act prevails over other action

108A Seizure or forfeiture has effect despite other proceedings

(1) The seizure, detention or forfeiture of a boat or any other property (including fish) under this Act has effect despite:

(a) any or all of the following events (each of which is an admiralty event ):

(i) the arrest of the boat under the Admiralty Act 1988;

(ii) the making of an order for the sale of the boat by a court in proceedings brought under the Admiralty Act 1988;

(iii) the sale of the boat under an order made by a court in proceedings brought under the Admiralty Act 1988; or

(b) any action (a PPSA event ) taken in relation to the enforcement under Part 4.3 of the Personal Property Securities Act 2009 of a PPSA security interest in the boat or other property.

(2) Subsection (1) has effect regardless of whether the seizure, detention or forfeiture, or the event that was the basis for the seizure, detention or forfeiture, occurred before or after the admiralty event or the PPSA event.