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Tax practice and the Personal Property Securities Act


On 30 January 2012, the Personal Property Securities Act 2009 (Cth) (PPS) commenced operation in Australia. The PPS introduces into Australian law new concepts which replace and, in some ways, revolutionise long-established laws as they relate to giving and taking security over personal property. Familiar concepts such as chattel mortgages, liens, charges and hire purchase arrangements are now subsumed within the generic concept of security interest, and are subject to a single, nationwide registration system which replaces the former state and territory-based registration systems. The PPS has no direct application to taxation in Australia (with perhaps an exception being mortgage duty laws, soon to be repealed). However, the PPS will be extremely relevant to those tax practitioners who give structuring or asset protection advice.

This article explains what property is affected by the PPS, how security is affected, and the consequences of failing to take account of the PPS.

Author profile

Michael Norbury CTA
Michael has over 25 years experience in the areas of commercial law, revenue law (income tax, state taxes, GST, international tax), and estate planning. As an accomplished practitioner in the commercial area, Michael advises clients on an array of matters relating to taxation and revenue and general commercial issues in industries, including retail, energy, manufacturing and telecommunications. Michael is a member of The Tax Institute's Victorian State Taxes Subcommittee. After more than 10 years at Madgwicks, Michael has recently established his own practice. - Current at 02 January 2016
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