Article Title

Uniform Personal Property Security Legislation for Australia: A Comment on Constitutional Issues

Authors

Gerard Carney, Bond UniversityFollow

Abstract

In his paper, Dennis Rose has comprehensively identified the three basic options by which a uniform Act for the registration of personal property securities might be validly enacted – absent an appropriate constitutional amendment. Since the Commonwealth currently lacks the power to enact comprehensive securities legislation, each of the options involves some degree of Commonwealth and State co-operation.

In this comment, I wish to highlight the respective advantages and disadvantages of each of those options. In my view, option 1 is clearly the preferable one. In considering that option, the nature of State references of power to the Commonwealth is discussed.

Recommended Citation

Carney, Gerard (2002) "Uniform Personal Property Security Legislation for Australia: A Comment on Constitutional Issues," Bond Law Review: Vol. 14: Iss. 1, Article 5.
Available at: http://epublications.bond.edu.au/blr/vol14/iss1/5