New South Wales Consolidated Acts

REGISTRATION OF INTERESTS IN GOODS ACT 1986 - SECT 6

6 Variation of recording

(1) Application may be made, in a manner approved by the Director-General, for a variation (otherwise than by cancellation of registration) of the information recorded in the Register in relation to a registrable interest in goods.

(2) Where an application is made under subsection (1) and the prescribed fee is paid or arrangements have been made with the Director-General for its payment, the Director-General shall, in accordance with the application, vary the information recorded in the Register.

(3) Where, because of the existence of prescribed circumstances (other than circumstances requiring or permitting a cancellation of registration) the Director-General is satisfied that the information recorded in the Register in relation to a registrable interest in goods is inaccurate, the Director-General may, whether or not an appropriate application has been made under subsection (1), vary the information in a manner that rectifies the inaccuracy.

(4) The Director-General is not to make a variation under subsection (3) involving the prime identifier of goods or 2 or more particulars of goods:

(a) without first giving written notice of the proposed variation to the person registered as holder of the interest concerned, requiring the person to advise the Director-General in writing within a specified period as to whether the variation should be made, and

(b) until the period specified in the notice for the giving of that advice has expired.

(5) If a person fails to advise the Director-General as required by a notice under subsection (4), the Director-General may:

(a) by further notice in writing to the person require the person to furnish that advice within a specified further period and warn that a failure to do so may lead to cancellation of registration of the person’s interest, and

(b) cancel the registration of the interest concerned if the person fails to advise the Director-General as required by that further notice.

(6) If the Director-General makes a variation under subsection (3):

(a) the Director-General is to give notice of the variation to the person who is registered as holder of the interest concerned, and

(b) that person must, if the Director-General so requires, pay the prescribed fee to the Director-General.

(7) A notice is sufficiently given to a person under this section if it is given by post, and a proper address for that purpose is the address of the person recorded in the Register.