Commonwealth Consolidated Acts

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PERSONAL PROPERTY SECURITIES ACT 2009 - SECT 150

Registration--on application

  (1)   A person may apply to the Registrar to register a financing statement with respect to:

  (a)   a security interest; or

  (b)   personal property prescribed by regulations made for the purposes of paragraph   148(c).

  (2)   A person may apply to the Registrar to register a financing change statement to amend a registered financing statement.

  (3)   The Registrar must register the financing statement or financing change statement in accordance with the application, but only if:

  (a)   the application is in the approved form; and

  (b)   the fee (if any) determined under section   190 has been paid; and

  (c)   the Registrar is not satisfied that the application is:

  (i)   frivolous, vexatious or offensive, or contrary to the public interest; or

  (ii)   made in contravention of section   151 (belief about security interest); and

  (d)   the registration would not be prohibited by the regulations.

Note 1:   Section   161 authorises the description of collateral by a registration before or after a security agreement is made covering the collateral, or a security interest has attached to the collateral.

Note 2:   The Registrar must give a verification statement to each secured party after the registration of a financing statement or a financing change statement (see section   156).

Note 3:   Application may be made to the Administrative Review Tribunal for review of certain decisions of the Registrar about registration (see section   191).

Note 4:   The requirement to pay a fee is satisfied if an arrangement for its payment has been approved under subsection   190(4).



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