Luxton Plant Bureau Veritas

Meeting with the Minister

Meeting with the Minister

On Friday 20 March, Luxton Plant’s Andrew Luxton, Ron Fowler and Johann Gunasekara met with the Federal Minister for Small Business, the Hon. Bruce Billson.  The intention of the meeting was to discuss three issues of concern to small and medium sized businesses such as Luxton Plant.  

1.    PPSR (Personnel Property Security Register)
2.    Insolvency Law
3.    Employment Law

The first issue raised was to do with the PPSR (Personnel Property Security Register), whereby Rental companies are at risk of losing their assets, should they not register a PPSR lease where jobs are 90+ days. Whilst the need to register assets to ensure ease of ownership identification in the event that a hirer goes into liquidation, seems reasonable, it seems unreasonable and very costly to have to register every hire that exceeds 90 days, as is the current requirement.  The proposal put forward to Mr Billson, was of a one- time registration for assets, with the onus on the owner to add and delete as necessary.

Insolvency law was the second item on the agenda. Lack of clarity in the legislation regarding reasonable grounds for suspecting insolvency is proving to be a big issue.  Usual methods of credit control such as chasing payments or stop supply, for example, are being touted as prior knowledge of a debtors impending insolvency. Due to little or no case law that determines when a reasonable person would expect impending insolvency, liquidators are coercing unsecured creditors to settle preferential claims or face protracted and uneconomical legal battles.
Lastly we raised the issue of Current employment law being is a disincentive to react to short-term business opportunities, for fear of unreasonable cost of termination and opportunistic litigation. Small businesses would be greatly encouraged to increase investment and thereby increase employment, should these issues be addressed.

The Minister listened to the issues raised by Luxton Plant and assured us that our concerns would be communicated to the relevant areas. PPSR is currently being considered for change.

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