Commonwealth Consolidated Acts

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PERSONAL PROPERTY SECURITIES ACT 2009 - SECT 279

Persons may recover costs arising from request

  (1)   A person required to respond to a request under section   275 or 276 may charge the person making the request a fee for providing information in response to the request.

  (2)   A fee imposed under subsection   (1) must not:

  (a)   exceed the reasonable marginal costs of providing the information; or

  (b)   be such as to amount to taxation.

Note:   Section   296 deals with the onus of proving matters under this subsection.

  (3)   Despite subsection   (1), a grantor mentioned in paragraph   275(9)(a), or the grantor's authorised representative, who has requested information under section   275, is entitled to be provided information free of charge unless:

  (a)   that information has already been provided to the grantor or the authorised representative under section   275 or 276 in response to a request; and

  (b)   that request was made within the previous 6 months.

Note:   Section   296 deals with the onus of proving matters under this subsection.

  (4)   The grantor or the authorised representative is also entitled to be provided information free of charge, despite subsection   (3), if there has been a material change in the information since the information was last provided to the grantor or the authorised representative.

Note:   Section   296 deals with the onus of proving matters under this subsection.

  (5)   A person is not required to respond to a request under section   275 or 276 if:

  (a)   the person imposes a fee under subsection   (1) for providing the information; and

  (b)   the fee has not been paid; and

  (c)   an order under section   281 that the person charge a nil amount, or provide the information free of charge, has not been made.


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