A guide to help government agencies create a secured party group (SPG) and make a registration
This page provides guidance for government agencies on how to create a secured party group (SPG) and make a registration in respect of prescribed property (other registration kinds). General guidance on how to set up a SPG and create a registration in respect of a security interest is outlined in the PPSR need help section.
There are four kinds of prescribed property:
- Hoon liens.
- Proceeds of crime.
- Court orders.
- Other prescribed property.
When registering a prescribed property, list the person or entity responsible for the registration as the SPG.
Creating an SPG
Identify ‘secured party’
In relation to hoon liens and proceeds of crime registrations, it is suggested the ‘secured party’ is identified as an ‘other’ organisation and enter the name of the organisation.
In relation to court orders, it is suggested the details of a ‘secured party’ to be identified in registrations should be the authorised person, that is:
- the person who applied for the order, or
- if the order was made on the court’s own initiative the person in whose favour the order is made .
It is suggested the contact details be the section of the organisation (or position title or person) able to provide information in respect of the registrations.
Address for service
The ‘address for service’ is publicly available. It is the address to which members of the public may send enquiries relating to the registrations.
Registering prescribed property on the PPSR
There are a number of data fields in the PPSR that have no application to prescribed property registrations, including
- transitional or non-transitional security interest
- proceeds, and
Although the information supplied in these fields is irrelevant, it is suggested registrations of prescribed property mark the ‘non-transitional security interest’ check box and none of the other check boxes are selected.
Pursuant to section 154 of the PPS Act, data about ‘the person who owns or has an interest in the property’ is required for a registration of prescribed property. It is suggested all registrations in respect of prescribed property be identified as ‘commercial’ property rather than ‘consumer’ property. The manner in which that person must be identified is set out at Schedule 2 to the PPS Regulations.
In addition, the property must be of a single class (i.e. one of the classes identified in step two of the registration process for the PPSR). It must also include a statement as to why the property is registered. This requirement is satisfied by the fact the registration will be identifiable as a hoon lien, proceed of crime, court order or other prescribed property.