AUTHOR

Andrew Bowcher
Andrew Bowcher
Partner

Although the Personal Property Securities Act 2009 has been in effect since 30 January 2012, it remains a mystery to many in the agriculture sector. 

If that sounds like you, consider whether you'd take a 'she'll be right' stance towards protecting your farm equipment, livestock or crops from a sudden storm. Everything is fine until issues arise and you’re left googling answers to the question, “What is the PPSR?”

Okay, but what IS the PPSR?

The Personal Property Securities Register (PPSR) is a national online registry managed by the Australian Financial Security Authority (AFSA). 

It allows individuals and organisations to register and search for debts and other security interests in personal property excluding land, building, or fixtures.

What is a PPSR Search and why undertake one?

A PPSR search is a crucial step to avoid acquiring property or goods that are stolen, unpaid, written-off or have been used as collateral for a debt.

Before purchasing or leasing used vehicles (cars, motorcycles, trucks, buses, trailers, caravans, boats, or watercraft) or valuable goods (goods and stock for agribusiness, artwork, livestock, crops, plant and equipment), we recommend to first conduct a search on the PPSR. 

Why should you register a PPSR?

Registering on the PPSR allows you to assert your rights over personal property or goods related to a debt, security interest or other obligations an individual or business owes you.

What can I secure using the PPSR in the Agri sector?

Before you get started, you need to know what agricultural assets can be registered and secured through the PPSR. Some practical applications for using the PPSR in Agri include:

Selling or buying:

  • Livestockinformation regarding PPSR in agriculture
  • Wool
  • Timber
  • Harvested produce
  • Feed
  • Fertiliser
  • Crops
  • Nursery trees

A crop under the PPSR is defined as any plant or product of agriculture or aquaculture that hasn’t been harvested, regardless of whether it has matured or not and whether naturally grown or planted. Some examples of crops include the products of agriculture or aquaculture, as well as unharvested trees (but only if they are personal property).

  • Leasing, bailing or other hiring out of stud or breeding cattle, horses or other animals if leased or hired for period of two or more years
  • Selling, leasing (for two or more years) or purchasing of any farm machinery, irrigation or other equipment
  • Selling of grain or other goods (goods, other than agriculture, aircraft, motor vehicles and watercraft) on credit or retention of title. Retention of title means the buyer can possess the property, but does not own the property from the seller until the full purchase price is paid.

What agribusiness assets aren’t eligible to be registered on the PPSR?

  • Land, fixtures or interests in land (including rentals or other payments coming from the land)
  • Water rights
  • Some statutory rights (eg a commercial fishing licence).

It is important to know that there are other legal options aside from a PPSR to register your rights, and seeking professional advice is recommended.

Further information pertaining to the Australian Government PPSR website here.

FOR MORE INFORMATION

If you would like to learn more about the topics discussed in this article, please contact your local RSM Agri Specialist.

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