Commonwealth Consolidated Acts

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PERSONAL PROPERTY SECURITIES ACT 2009 - SECT 184

Removal of data--general grounds

  (1)   The Registrar may (at his or her initiative) register a financing change statement to remove data (including an entire registration) from the register if the Registrar is satisfied that:

  (a)   the application to register the data was frivolous or vexatious, the data is offensive, or the retention of the data in the register is contrary to the public interest; or

  (b)   the registration of the data is prohibited by regulations made for the purposes of paragraph   150(3)(d); or

  (c)   the removal of the data is required or permitted by the regulations made for the purposes of this paragraph; or

  (d)   the application to register the data was not made in the approved form; or

  (e)   the removal is required urgently:

  (i)   in the public interest; or

  (ii)   for reasons prescribed by regulations made for the purposes of this subparagraph.

Note 1:   The Registrar must give a verification statement to each secured party after the data is removed (see section   156).

Note 2:   Application may be made to the Administrative Appeals Tribunal for review of the Registrar's decision to remove data from the register under paragraph   (a), (b) or (c) (see section   191).

  (2)   Data removed from the register under this section must not be made available for search in the register by reference to any time before (or after) the time of removal:

  (a)   in relation to data removed under paragraph   (1)(a), (b) or (c)--if the Registrar so decides for the purposes of this paragraph; and

  (b)   in relation to data removed under paragraph   (1)(d)--if the Registrar so decides for the purposes of this paragraph;

  (c)   in relation to data removed under paragraph   (1)(e)--in all cases.

Note:   Application may be made to the Administrative Appeals Tribunal for review of the Registrar's decision under paragraph   (a) (see section   191).

  (3)   If subsection   (2) applies in relation to data removed from the register, this Act otherwise applies as if the data is not, and never has been, included in the register.

Note:   Incorrectly removed data may be restored under section   186.


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