New South Wales Consolidated Acts

REGISTRATION OF INTERESTS IN GOODS ACT 1986 - SECT 8

8 Search certificates and notice

(1) The Director-General shall, upon application made in relation to specified goods of a class specified in an order in force under section 9 (1), issue a certificate specifying:

(a) the time and date of certification,

(b) whether or not the goods are, at that time, affected by a registered interest, and

(c) if the goods are so affected-such particulars as may be prescribed.

(1A) A certificate may take the form of a statement or such other form as the Director-General approves and may be issued on the date the application is dealt with or on a later date.

(2) The Director-General may include in a certificate under subsection (1) information relating to matters that may be recorded under section 5 (3).

(3) For the purposes of this Act and section 164 of the Conveyancing Act 1919 , a person, or the Australian legal practitioner or the agent of a person, who obtains a certificate under subsection (1):

(a) shall be deemed to have made, on the date of certification, a proper search of the Register for registrable interests in the goods to which the certificate relates, the result of the search being correctly reflected in the certificate, and

(b) is not affected by notice of any information (other than the information in the certificate) relating to a registrable interest in those goods by reason only of a failure to make a further search in the Register before the end of the day that next succeeds the day of certification.

(4) For the purposes of this Act, and notwithstanding section 164 of the Conveyancing Act 1919 , a person is not, by reason only of a failure by the person, or by any other person, to make a search as to:

(a) interests registered under any Act other than this Act, or

(b) instruments registered, deposited, filed or recorded under any Act or registered under the Corporations Act 2001 of the Commonwealth,

affected by notice of a registrable interest in goods of a class specified in an order in force under section 9 (1).

(5) The Director-General may, in relation to specified goods of a class specified in an order in force under section 9 (1), issue a certificate as to the state of the Register in relation to those goods at a particular time, or during a particular period, that preceded the time and date of issue of the certificate.

(6) The Director-General may charge for a certificate under subsection (1) or (5) such fee as may be prescribed.

(7) A certificate purporting to have been issued under subsection (1) or (5) is, without proof of the signature (if any) of the Director-General or, as the case may be, the delegate of the Director-General, admissible in evidence in any proceedings and, except in relation to matter that may be recorded under section 5 (3), is evidence of the matters specified in the certificate.

(7A) If a certificate under this section specifies that goods are not affected by a registered interest, the certificate is evidence only in relation to the goods identified by the prime identifier specified in the certificate despite any other information used to identify goods that is also specified in the certificate.

(8) The State is not liable, and the Director-General and other persons engaged in the administration of this Act are not liable, in respect of the reliability of any information given by the Director-General or any such person in relation to a matter that may be recorded under section 5 (3).

(9) Neither the State nor a prescribed authority is liable in respect of any information that is provided in good faith to the Director-General by or on behalf of the prescribed authority in relation to a matter that may be recorded under section 5 (3). A "prescribed authority" is any person or body prescribed by the regulations for the purposes of this subsection.