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PERSONAL PROPERTY SECURITIES ACT 2009 - SECT 172

Search--by reference to details of grantor who is an individual

Scope

             (1)  This section applies if a person proposes to access the register to search for data by reference to the details of a grantor (other than that person) who is an individual.

Individual grantor details--permitted searches

             (2)  The following table sets out which persons ( searchers ) may access the register to search for data, and for what purpose:

 

Individual grantor details--permitted searches

Item

Searchers

Purpose

1

A person (the first person ), or another person with the first person's consent

To disclose any registration in which the first person is registered as a grantor or a secured party.

2

A secured party in relation to a registration

A purpose that relates to a security interest attached to collateral described in the registration.

3

A grantor in relation to a registration

A purpose that relates to a security interest attached to the collateral described in the registration.

4

A person

To disclose any registration in which the person is registered as a secured party.

5

A person

To disclose whether collateral to which a security interest is attached is described in a registration.

6

A person

To disclose whether or not personal property is described in a registration, if:

(a) the property is to be purchased or dealt with by the person; or

(b) the person has an interest in the property.

7

A person

To establish whether to provide credit to, or obtain a guarantee or an indemnity from, a person named in the search application or a person with an interest in the personal property described in the application.

8

A person

To establish whether to provide credit to, or obtain a personal guarantee or an indemnity from an associate (within the meaning of section 11 or subsection 12(2) of the Corporations Act 2001 ) of a body corporate named in the search application or of a body corporate with an interest in the personal property described in the application.

9

A person

To establish whether to invest in, with, or through, a person named in the search application.

10

A person

To establish whether to invest in, with, or through, an associate (within the meaning of section 11 or subsection 12(2) of the Corporations Act 2001 ) of a body corporate named in the search application or of a body corporate with an interest in the personal property described in the application.

11

The Registrar

A purpose that relates to the administration of this Act.

12

A person who has taken control of the property of an individual who is insolvent under administration, within the meaning of the Corporations Act 2001

A purpose that relates to the searcher's control of the property.

13

An Official Receiver in Bankruptcy within the meaning of the Bankruptcy Act 1966

A purpose that relates to the exercise of a power, or the performance of a function, of that Official Receiver in Bankruptcy.

14

The legal personal representative of an individual (including a deceased individual)

A purpose that relates to the exercise of a power, or the performance of a function, as legal personal representative.

15

A government entity within the meaning of the A New Tax System (Australian Business Number) Act 1999

A purpose that relates to the exercise of a power, or the performance of a function, of that entity, unless the purpose is covered by another purpose listed in this table.

16

A government entity within the meaning of the A New Tax System (Australian Business Number) Act 1999

A purpose that relates to the maintenance of the law, including the prevention, detection, investigation or prosecution of contraventions of laws (whether the penalty for contravention is criminal or civil).

17

The holder of a lien or charge, or a creditor

A purpose that relates to the enforcement of the lien or charge, or the creditor's rights, as the case may be.

18

A bailiff, or sheriff, of a court of the Commonwealth, a State or a Territory

A purpose that relates to the enforcement of a court order or warrant.

19

A person

To advise another person in connection with any of the purposes referred to in this table.

Search otherwise than for authorised purpose

             (3)  A searcher mentioned in an item in the table in subsection (2) must not, otherwise than for the purpose specified in the item:

                     (a)  access the register to search for data; or

                     (b)  use data obtained as a result of accessing the register, unless the searcher has also obtained the data lawfully from another source.

Civil penalty:

                     (a)  for an individual--50 penalty units;

                     (b)  for a body corporate--250 penalty units.

Note:          See Part 6.3 (Civil penalty proceedings).

             (4)  A person who wishes to establish that a searcher mentioned in an item in the table in subsection (2) did an action mentioned in paragraph (3)(a) or (b) for the purpose specified in the item bears an evidential burden in relation to the matter.

Note:          For evidential burden , see section 10.

             (5)  For the purposes of section 195A (Registrar--investigations), the Registrar may do either or both of the following:

                     (a)  investigate a suspected contravention of subsection (3);

                     (b)  decline to investigate, or to investigate further, a suspected contravention of subsection (3).

Recovery of damages for contravention

             (6)  For the purposes of section 271:

                     (a)  compliance with subsection (3) is taken to be an obligation imposed on a person who accesses the register to search for data, or uses data obtained as a result of accessing the register to search for data; and

                     (b)  the obligation is taken to be owed to the grantor by reference to whose details the search is undertaken; and

                     (c)  a contravention of subsection (3) is taken to be a failure to discharge that obligation.

Note:          Section 271 gives a right to recover damages for any loss or damage in relation to such a failure.



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