Northern Territory Consolidated Acts

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REGISTRATION OF INTERESTS IN MOTOR VEHICLES AND OTHER GOODS ACT - SECT 11

Cancellation of registration

11. Cancellation of registration

(1) The Registrar may cancel the registration of an interest after the date ( the expiry date ) specified in the Register as the date on which the interest ceases to be a registrable interest and may cancel that registration before the expiry date if -

(a) a period of at least 7 years has elapsed since the current registration of the interest commenced; and

(b) (if the expiry date has been varied) a period of at least 7 years has elapsed since the date of the most recent variation of the expiry date.

(2) The Registrar may cancel the registration of an interest under subsection (1) only if -

(a) the Registrar has given notice in writing to the person registered as the holder of the interest of the Registrar's intention to cancel the registration unless application is made for variation of the date specified in the Register as the date on which the interest ceases to be a registrable interest; and

(b) the person has not, within the period required by the notice, properly made application for the variation under section 10.

(3) Where -

(a) a registered interest ceases to be a registrable interest before its registration may be cancelled under subsection (1); and

(b) the prescribed documents are lodged with the Registrar or the Registrar is, in an approved manner, otherwise notified that paragraph (a) applies,

the Registrar shall cancel the registration of the interest.

(4) Where -

(a) an interest, or a purported interest, in goods has been registered;

(b) it appears to the Registrar that -

(i) the interest has ceased to exist; or

(ii) the interest never existed; and

(c) the Registrar is not authorized by subsection (1) or (3) to cancel the registration,

the Registrar may, by notice in writing given to the person registered as the holder of the interest, require the person, within a period (being not less than 14 days) specified in the notice, to show cause why the registration should not be cancelled.

(5) Where a notice has been given under subsection (4) the Registrar shall, not earlier than the expiration of the period specified in the notice, cancel the registration of the interest to which the notice relates unless -

(a) cause has been shown why the registration should not be cancelled; or

(b) an order of the Local Court staying or prohibiting the cancellation, or written notice of such an order, has been served on the Registrar.

(6) A notice is sufficiently given to a person under subsection (4) if it is given by post, and a proper address for that purpose is the address of the person recorded in the Register.

(7) The Registrar need not retain any record relating to an interest for more than 7 years after registration of the interest is cancelled.



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