Chapter 03
Terminology
3.1 A word on terminology
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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.

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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.

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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.

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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).

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3.1.5

Diagram 1, The Basic Diagram

 

Basic diagram

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