Informal request for information

Wayne Morgan made this Freedom of Information request to Attorney-General's Department

Response to this request is long overdue. By law, under all circumstances, Attorney-General's Department should have responded by now (details). You can complain by requesting an internal review.

From: Wayne Morgan

Delivered

Dear Attorney-General's Department,

This is an informal request for information.

It is my understanding that Australia has adopted Articles 3 and 9 of the Uniform Credit Code. Article 9 appears to be held within the PPSA Act but I cannot locate any legislation or act referring to Article 3 - Negotiable Instruments.

Do Negotiable Instruments still fall under the Bills of Exchange Act (1901) or is there a seperate act to adopt Article 3 of the UCC? Would you mind pointing my to the legislation or act which (if it is actually adopted) contains this information as I can't find it within the Bill's of Exchange Act amendments or advise if it was not adopted?

Yours faithfully,

Wayne Morgan

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Locutus Sum left an annotation ()

I am confused. Also I am ignorant. For other readers, "PPSA Act" (really PPS Act, or PPSA) is the Personal Property Securities Act, 2009 (Cth) (https://www.legislation.gov.au/Series/C2... ). "Bills of Exchange Act 1901" is probably Bills of Exchange Act, 1909 (Cth) (https://www.legislation.gov.au/Series/C1... ). I do not think that there existed a 1901 act. Uniform Credit Code, I do not understand. Ignorance (I think), not stupidity! Is it the Uniform Consumer Credit Code (UCCC) --- this was an Australian code --- or is there an international Uniform Credit Code (UCC), or is there a Uniform Commercial Code (UCC) like in the United States of America. The Uniform Credit Code (UCC) in Australia was replaced by the National Credit Code (https://www.asic.gov.au/regulatory-resou... ) and has force because of the National Consumer Credit Protection Act, 2009 (Cth) (https://www.legislation.gov.au/Series/C2... ). It is a happy event that on the website for the ASIC (https://www.asic.gov.au/regulatory-resou... ) there is a heading "Differences between the UCCC and NCC".

Request to applicant: I would be very grateful if you could explain more.
Suggestion to applicant: Telephone the ASIC.

It will also be interesting to understand what the reply from the Attorney-General's Department will be. The National Consumer Credit Protection Act, 2009 is administered by Treasury.

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Wayne Morgan left an annotation ()

The Bills of Exchange Act is certainly 1909 - please forgive my mistake.

The Uniform Commercial Code is a US code. Article 3 deals with Negotiable Instruments. Article 9 deals with Personal Property, liens etc.

So UCC Article 3 corresponds with our Bills of Exchange Act (1909) but is easier to read.

I've been told that Australia has adopted Article 3 and 9 but a search through Austlii or the AGD reveals nothing g - unless I'm looking in the wrong place.

So I'm just looking for some assistance in finding the legislation or documents showing the adoption of Articles 3 and 9.

Hope this helps :)

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Locutus Sum left an annotation ()

Thank you Mr Wayne Morgan for the extra information to rest my curiosity.

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