Chapter 07
Personal Property
7.5 Excluded property - Victoria
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7.5.1

This and other sub sections in this Chapter are reasonably comprehensive (but not exhaustive), State by State lists of rights and licences granted under Commonwealth and State legislation that are excluded from being personal property for PPSA purposes under those laws. The list is based on legislation passed and bills introduced at the time of writing.

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7.5.2

Victoria

The implementing legislation for the PPSA in Victoria is the Personal Property Securities (Statute Law Revision and Implementation) Act 2010 (Vic).

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7.5.3

The following mining-related rights, licences and tenements are excluded from being personal property in Victoria for the purposes of the PPSA:

  1. authorities under the Geothermal Energy Resources Act 2005 (Vic);
  2. exploration licences, mining licences and other licences under the Mineral Resources (Sustainable Development) Act 1990 (Vic);
  3. authorities under the Petroleum Act 1998 (Vic); and
  4. permits, leases, licences, infrastructure licences and pipeline licences under the Petroleum (Submerged Lands) Act 1982 (Vic).

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7.5.4

The following other (non-mining) statutory rights and licences are excluded from being personal property in Victoria for the purposes of the PPSA:

  1. casino licences under the Casino Control Act 1991 (Vic);

  2. electricity licences under the Electricity Industry Act 2000 (Vic);

  3. fishing licences and approvals of transfer of individual quotas under the Fisheries Act 1995 (Vic);

  4. monitoring licences, wagering and betting licences, keno licences and gaming machine entitlements under the Gambling Regulation Act 2003 (Vic);

  5. gas licences under the Gas Industry Act 2001 (Vic);

  6. electricity registrations under the National Electricity (Victoria) Act 2005 (Vic); and

  7. permits and licences under the Racing Act 1958 (Vic).

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