Commonwealth Numbered Acts

PERSONAL PROPERTY SECURITIES ACT 2009 (NO. 130, 2009) - SECT 296

                   In a proceeding in Australia under this Act, the onus of proving the following facts lies with the person asserting those facts:

                     (a)  the fact that a security interest attaches to personal property;

                     (b)  the fact that a security interest is perfected by registration;

                     (c)  the fact that a person takes personal property free of a security interest, except in relation to sections 43 and 47;

                     (d)  the fact that a person takes personal property free of a security interest under subsection 47(1);

                     (e)  the fact that a person does not take personal property free of a security interest under subsection 47(2);

                      (f)  the fact that a person who purchases collateral pays at least the market value of the collateral at the time of the purchase;

Note:       See paragraph 129(3)(b).

                     (g)  the fact that a person acquires personal property without actual or constructive knowledge as mentioned in paragraph 267(3)(b);

                     (h)  the fact that a fee referred to in subsection 279(1) does not exceed the reasonable marginal costs of providing information;

Note:       See subsection 279(2).

                      (i)  the fact that information has been provided to a grantor or the grantor's authorised representative under section 275 or 276 in response to a request made within the previous 6 months;

Note:       See subsection 279(3).

                      (j)  the fact that there has not been a material change in information provided to a grantor or the grantor's authorised representative since the information was last provided to the grantor or the authorised representative;

Note:       See subsection 279(4).

                     (k)  the fact that the fee imposed under subsection 279(1) exceeds the reasonable marginal costs of providing information;

Note:       See subsection 281(2).

                      (l)  the fact that:

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

                             (ii)  there has been a material change in information since the information was last provided to a grantor or a grantor's authorised representative.

Note:       See subsection 281(3).