charges (1) A company must keep, at the place where the register referred to
in subsection (2) is kept, a copy of:
- (a)
- every document relating to a
charge on property of the company that was or is lodged under this Part; and
- (b)
- a copy of every document given to the company under this Part.
(2) A company must keep a register and must, upon the creation of a charge
(whether registrable or not) on property of the company, or upon the
acquisition of property subject to a charge (whether registrable or not), as
soon as practicable enter in the register particulars of the charge, giving in
each case:
- (a)
- if the charge is a charge created by the company, the date of
its creation or, if the charge was a charge existing on property acquired by
the company, the date on which the property was so acquired; and
- (b)
- a short description of the liability (whether present or prospective)
secured by the charge; and
- (c)
- a short description of the property charged; and
- (d)
- the name of the trustee for debenture holders or, if there is no such
trustee, the name of the chargee; and
- (e)
- the name of the person whom the company believes to be the holder of the
charge.
(3) A register kept by a company pursuant to subsection (2) must be open
for inspection:
- (a)
- by any creditor or member of the companywithout
charge; and
- (b)
- by any other personon payment for each inspection of such amount,
not exceeding the prescribed amount, as the company requires or, where the
company does not require the payment of an amount, without charge.
(4) A person may request a company to furnish the person with a copy of the
register or any part of the register and, where such a request is made, the
company must send the copy to that person:
- (a)
- if the company requires
payment of an amount not exceeding the prescribed amountwithin 21 days
after payment of the amount is received by the company or within such longer
period as ASIC approves; or
- (b)
- in a case to which paragraph (a) does not applywithin 21 days
after the request is made or within such longer period as ASIC approves.
(5) If default is made in complying with any provision of this section, the
company and any officer of the company who is in default are each guilty of an
offence.