3.1.1
A word on terminology – the PPSA introduces new terms, which are used throughout this book. The terms make sense, but do not match the generally accepted terms used pre-PPSA in Australia in the secured transactions and finance space. It takes some time to become accustomed to the new terms.
3.1.2
Keep in mind that the PPSA is a secured transactions system. Secured transactions essentially secure advances of credit or money (monetary obligations) or the performance of other obligations (non-monetary obligations) by “backing” performance with a fund of assets (the collateral). The terms used by the PPSA reflect these basic principles.
3.1.3
To explain some of the new PPSA terminology by diagram (Diagram 1) , the diagram below shows:
- Lending from Bank A to a borrower called "D" of $100 million dollars, made in two advances (No 1 and No 2 in the diagram).
- The first advance was made on 1 January 2010, under the pre-PPSA “old law”.
- The second advance is made on 1 August 2012, following the commencement of the PPSA.
- The loans are secured by a standard security package of a fixed and floating charge (No 3), which includes a bank account charge, granted on 1 January 2010 at the time of Bank A’s first advance to D.
3.1.4
Diagram 1, the basic diagram, is used throughout this book as an example to explain various PPSA issues, particularly priority issues. A diagram that is used for explaining PPS priority issues, the PPS priority diagram, is introduced in Chapter 4 (PPS Priority Diagram).
3.1.5
Diagram 1, The Basic Diagram