Artists: What you should know
about the PPS Register

To protect your security interest in the event that
your gallery or dealer becomes insolvent, you
should do the following:
1)
Ensure that you have a written consignment
contract with your gallery or dealer that
broadly describes the goods that you have
consigned, for example, ‘art works’; and
2)
Register your security interest on the PPS
Register at:
https://transact.ppsr.gov.au/ppsr/Home.
YOUR ART, YOUR PROPERTY, YOUR DEALER, YOUR
GALLERY, YOUR INCOME, YOUR RISK, YOUR
PROTECTION.
If your gallery or dealer becomes insolvent, are you
protected?

Under the Personal Property Securities (PPS) law,
if you have a commercial consignment
arrangement with a gallery or dealer you have what
is now known as a ‘security interest’ in that art.

PPS law applies to commercial consignments
where an artist consigns art works to a gallery or
dealer to be sold and where both parties trade in
art in the ordinary course of business.
Registration is not compulsory, but it protects
your security interest against other creditors.
This does not apply to auctions where the old
rules will continue to apply.
COMMON QUESTIONS
What if the gallery or dealer sells my art before
becoming insolvent but I have not yet been paid?

PPS law will protect your security interest against a
default on the agreement by the gallery or dealer.
Furthermore, if the gallery or dealer sells your art work,
you will have an automatic right to any proceeds arising
from the sale.
What if I don’t have a commercial consignment
arrangement?

If you do not have a commercial consignment
arrangement, you may still be protected by PPS
law if you have an agreement or contract that
includes a condition that ownership is retained by
the artist until full payment is made.

You may wish to seek legal advice to determine
what type of agreement or contract will provide you
with the best protection.
HOW TO REGISTER YOUR SECURITY INTERESTS

A single registration can cover all consignments
that an artist makes to a particular dealer or gallery
and each art work is not required to be registered
individually.
PROFESSIONAL ADVICE RECOMMENDED
PPS could affect you or your business in a number of
different ways. You should seek professional advice in
relation to your specific circumstances.
WHERE CAN I GET FURTHER INFORMATION?
For more information visit the ‘Ask the Registrar’ page at
www.ppsr.gov.au.
CONTACT US
Visit online www.ppsr.gov.au (to search or register)
Email [email protected]
Telephone 130000PPSR (1300 007 777)
In order for one registration to cover all future art
consignments, the description of the art in the
registration must describe the art broadly, for
example ‘art works’.

Consignment arrangements in place before 30
January 2012 can be registered at no cost,
otherwise, the cost of an online registration starts at
$8.00. Registering can protect your security interest
in the art for 7 years, 25 years or indefinitely.
HELP IN OTHER LANGUAGES
If you have difficulty speaking or understanding English,
contact the Translating and Interpreting Service (TIS) on
13 14 50 for the cost of a local call. The TIS is available
24 hours a day, seven days a week for more than 170
languages.