Queensland Consolidated Acts

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LIENS ON CROPS OF SUGAR CANE ACT 1931 - SECT 7M

7M Lienor may seek registration of discharge or change in particulars

(1) A lienor may, in relation to a registered lien, ask the lienee--

(a) to file an application under section 7J for the full or partial discharge of the lien if the lien has been fully or partially discharged; or
(b) to join with the lienor to file an application under section 7N to change the particulars in the register.

(2) A lienee who receives a request under subsection (1) must, within 30 days after receiving the request--

(a) file the application or join with the lienor in filing the application; or
(b) apply to a Magistrates Court for an order maintaining the registration.

(3) If, at the end of the time allowed under subsection (2), the lienee has not complied with subsection (2)(a) or (b), the lienor may ask the chief executive in the approved form to give the lienee a notice under subsection (4).

(4) The notice must state that, unless the lienee obtains a court order maintaining the registration before the end of the notice period, at the end of the notice period--

(a) the discharge will be registered; or
(b) stated particulars will be changed under section 7N.

(5) If a lienee who has been given notice under subsection (4) has not--

(a) filed an application for the discharge or the change to particulars in accordance with the request under subsection (1); or
(b) given the chief executive a copy of a court order maintaining the registration;

before the end of the notice period, the chief executive must register the discharge or change the particulars included in the register as requested.

(6) On application by the lienee, the court may make any of the following orders--

(a) an order that the registration be maintained;
(b) an order that the discharge be registered;
(c) an order that the particulars included in the register be changed;
(d) another order, including an order for costs, the court considers appropriate.

(7) In this section--

notice period means a period of 30 days after giving a notice under subsection (4).



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