Section 441EB — Corporations Act 2001 (Cth)

This Subdivision does not apply in relation to the enforcement of a right, or the performance or exercise of a function or power, if the enforcement, performance or exercise is authorised by (or because of) a transaction or dealing that gives rise to a security interest in the property concerned.

Example: An example of a transaction or dealing in relation to which this Subdivision does not apply because of this section is a commercial consignment of personal property. Such a transaction gives rise to a PPSA security interest because of section 12 of the Personal Property Securities Act 2009. The consigned property is PPSA retention of title property of the company (see sections 51F and 435B).

Note: Subdivision B (property subject to security interests) may apply in relation to transactions or dealings to which this Subdivision does not apply because of this section. For example, Subdivision B would apply in relation to a commercial consignment of personal property, because such a transaction gives rise to a PPSA security interest.

Related sections

• s 441D — Court may limit powers of secured party etc. in relation to secured property
• s 441E — Giving a notice under a security agreement etc.
• s 441EA — Sale of property subject to a possessory security interest
• s 441F — Where recovery of property begins before administration
• s 441G — Recovering perishable property
• s 441H — Court may limit powers of receiver etc. in relation to property used by company

Research how courts apply s 441EB

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