Commonwealth Consolidated Acts

PERSONAL PROPERTY SECURITIES ACT 2009 - SECT 281

  (1)   A person (the interested person ) who has requested information under section   275 may apply to a court for an order if:

  (a)   the person required to respond to the request imposes a fee under subsection   279(1) for providing the information; and

  (b)   the interested person:

  (i)   believes that the fee exceeds the reasonable marginal costs of providing the information; or

  (ii)   if the interested person is a grantor or the grantor's authorised representative--believes that the information has not already been provided to the grantor or the authorised representative in response to a request made under section   275 within the previous 6 months; or

  (iii)   if the interested person is a grantor or the grantor's authorised representative--believes that there has been a material change in the information since the information was last provided to the grantor or the authorised representative.

Note:   For which courts have jurisdiction, and for transfers between courts, see Part   6.1.

  (2)   If the court is satisfied that the fee imposed under subsection   279(1) exceeds the reasonable marginal costs of providing the information, the court may, on application by the interested person, make an order:

  (a)   stating an amount (including a nil amount) that is to be imposed as a fee; and

  (b)   stating a time within which the request must be responded to after the fee has been paid.

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

  (3)   If the court is satisfied that:

  (a)   the information has not already been provided to the grantor or the grantor's authorised representative in response to a request made under section   275 within the previous 6   months; or

  (b)   there has been a material change in the information since the information was last provided to the grantor or the authorised representative;

the court may, on application by the interested person, make an order:

  (c)   that the information be provided to the grantor, or the authorised representative, free of charge; and

  (d)   stating a time within which the request must be responded to.

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

Consequential orders

  (4)   If the court makes an order under this section, it may also make any other consequential orders that it considers appropriate.