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PERSONAL PROPERTY SECURITIES ACT 2009 - SECT 180

Administrative process--amendment notices

Amendment notice given by Registrar

  (1)   The Registrar may give the secured party a notice (an amendment notice ), in accordance with subsection   (5), of the amendment demanded.

At the initiative of the Registrar

  (2)   An amendment notice may be given at the initiative of the Registrar, if the Registrar suspects on reasonable grounds that the amendment demanded is authorised under section   178.

In response to a statement by the person who gave the amendment demand

  (3)   The person who gave the amendment demand to the secured party may give a statement in the approved form to the Registrar:

  (a)   stating the amendment demanded; and

  (b)   including anything else prescribed by the regulations.

Note:   The provision of false or misleading information in the statement may be an offence against Part   7.4 of the Criminal Code .

  (4)   An amendment notice must be given in response to a statement under subsection   (3) as soon as practicable after the statement is given (unless an amendment notice has already been given at the initiative of the Registrar).

Amendment notices

  (5)   An amendment notice is given in accordance with this subsection if:

  (a)   the notice is in the approved form; or

  (b)   the notice:

  (i)   states the amendment demanded; and

  (ii)   invites the secured party to submit a response to the amendment demand in writing to the Registrar before the end of 5 business days after the day the notice is given (or an extended period approved by the Registrar); and

  (iii)   sets out the effect of section   181 (amendment of registration); and

  (iv)   if a statement is given under subsection   (3)--includes a copy of the statement.

Note:   The provision of false or misleading information in any response to the invitation may be an offence against Part   7.4 of the Criminal Code .


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