Chattel Securities (Registration) Regulations 2008

i Chattel Securities (Registration) Regulations 2008 S.R. No. 112/2008 TABLE OF PROVISIONS Regulation Page 1 Objectives 1 2 Authorising provisions 1 3 Commencement 1 4 Definitions 2 5 Fees for application to register security interest 2 6 Fees for application to vary particulars 2 7 Variation of particulars 3 8 Fees to correct an inaccuracy in the register 3 9 Fees for application to obtain certificate 3 10 Provision of information other than by certificate 3 11 Multiple applications 4 12 Revocation 4 __________________ SCHEDULE—Fees 5 ═══════════════ -- 1 of 7 -- 1 STATUTORY RULES 2008 S.R. No. 112/2008 Chattel Securities Act 1987 Chattel Securities (Registration) Regulations 2008 The Governor in Council makes the following Regulations: Dated: 15 September 2008 Responsible Minister: TIM PALLAS Minister for Roads and Ports ZOE WONG Acting Clerk of the Executive Council 1 Objectives The objectives of these Regulations are to— (a) prescribe fees; (b) prescribe information that can be varied in the particulars entered in the register of security interests; (c) allow applicants under the Chattel Securities Act 1987 or these Regulations to make a number of applications of a like kind simultaneously. 2 Authorising provisions These Regulations are made under section 28 of the Chattel Securities Act 1987. 3 Commencement These Regulations come into operation on 16 September 2008. -- 2 of 7 -- S.R. No. 112/2008 Chattel Securities (Registration) Regulations 2008 2 4 Definitions (1) In these Regulations— approved email transfer means a transfer by way of email of an electronic file that has been approved in accordance with subregulation (2); certificate means a certificate issued by the Corporation under section 24 of the Act; engine identification number has the same meaning as in the Road Safety Act 1986; registration number means the identifying number assigned to goods under— (a) the Road Safety Act 1986; or (b) the Interstate Road Transport Act 1985 of the Commonwealth; the Act means the Chattel Securities Act 1987; vehicle identifier has the same meaning as in the Road Safety Act 1986. (2) The Corporation may approve the format for an electronic file that is to be submitted to the Corporation for the purposes of the Act and the Regulations. 5 Fees for application to register security interest The fee payable to the Corporation for an application to register a security interest under section 16 of the Act is the applicable fee specified in item 1 of the Schedule. 6 Fees for application to vary particulars The fee payable for an application to vary particulars of a registered security interest under section 21(1) of the Act is the applicable fee specified in item 2 of the Schedule. r. 4 -- 3 of 7 -- S.R. No. 112/2008 Chattel Securities (Registration) Regulations 2008 3 7 Variation of particulars (1) For the purposes of section 22 of the Act, the prescribed changes are— (a) a change in the particulars entered in the register in order to correct a clerical error; (b) a change in the registration number effected in accordance with the relevant Act under which the number was assigned; (c) a change to a vehicle's engine identification number or vehicle identifier; (d) the removal of the engine of a registered motor vehicle and the substitution of that engine with another engine; (e) a change directed to be made by order of a court of competent jurisdiction. (2) The fee payable for variation of the particulars of a registered security interest entered in the register under section 22(1) of the Act is the fee specified in item 3 of the Schedule. 8 Fees to correct an inaccuracy in the register The fee payable for correction of an inaccuracy in the register in respect of registrable goods under section 22A of the Act is the fee specified in item 4 of the Schedule. 9 Fees for application to obtain certificate The fee payable in respect of an application to obtain a certificate under section 24 of the Act is the applicable fee specified in item 5 of the Schedule. 10 Provision of information other than by certificate The fee payable for an application to obtain information under section 24A of the Act is the applicable fee specified in item 6 of the Schedule. r. 7 -- 4 of 7 -- S.R. No. 112/2008 Chattel Securities (Registration) Regulations 2008 4 11 Multiple applications A person may make a number of simultaneous applications of a like kind under the Act or these Regulations but each application is a separate application for the purposes of the Act and these Regulations. 12 Revocation These Regulations expire on 15 September 2013. __________________ r. 11 -- 5 of 7 -- S.R. No. 112/2008 Chattel Securities (Registration) Regulations 2008 5 SCHEDULE FEES Column 1 Item Column 2 Description Column 3 Regulation Column 4 Fee 1 Application to register a security interest— (a) in the case of an application made through the internet service delivery channel known as VicRoads Online; (b) in the case of an application by approved email transfer; (c) in any other case. 5 $5.70 $6.40 $17.15 2 Application to vary particulars of a security interest— (a) in the case of an application made through the internet service delivery channel known as VicRoads Online; (b) in the case of an application by approved email transfer; (c) in the case of an application requiring variation of particulars by the Corporation. 6 $2.80 $4.80 $5.00 3 Variation of particulars of a security interest by the Corporation. 7 $5.00 Sch. 1 -- 6 of 7 -- S.R. No. 112/2008 Chattel Securities (Registration) Regulations 2008 6 Column 1 Item Column 2 Description Column 3 Regulation Column 4 Fee 4 Correction of an inaccuracy in the register by the Corporation. 8 $5.00 5 Application for a certificate— (a) if a person has an account with the Corporation; (b) in any other case. 9 $7.75 $13.75 6 Provision of information other than by certificate— (a) as to whether a vehicle is subject to a registered security interest; (b) to a person who has an account with the Corporation as to the information held by the Corporation regarding a registered security interest— (i) where the person has supplied a reference number corresponding to that security interest; (ii) in any other case; (c) in any other case. 10 nil $0.85 $4.95 $15.25 per 15 minutes or part thereof. ═══════════════ Sch. 1 -- 7 of 7 --