Commonwealth Consolidated Acts Commonwealth Consolidated ActsScope
(1) This section applies if a person proposes to access the register to search for data by reference to the details of a grantor (other than that person) who is an individual.
Individual grantor details--permitted searches
(2) The following table sets out which persons ( searchers ) may access the register to search for data, and for what purpose:
Individual grantor details--permitted searches | ||
Item | Searchers | Purpose |
1 | A person (the first person ), or another person with the first person's consent | To disclose any registration in which the first person is registered as a grantor or a secured party. |
2 | A secured party in relation to a registration | A purpose that relates to a security interest attached to collateral described in the registration. |
3 | A grantor in relation to a registration | A purpose that relates to a security interest attached to the collateral described in the registration. |
4 | A person | To disclose any registration in which the person is registered as a secured party. |
5 | A person | To disclose whether collateral to which a security interest is attached is described in a registration. |
6 | A person | To disclose whether or not personal property is described in a registration, if: (a) the property is to be purchased or dealt with by the person; or (b) the person has an interest in the property. |
7 | A person | To establish whether to provide credit to, or obtain a guarantee or an indemnity from, a person named in the search application or a person with an interest in the personal property described in the application. |
8 | A person | To establish whether to provide credit to, or obtain a personal guarantee or an indemnity from an associate (within the meaning of section 11 or subsection 12(2) of the Corporations Act 2001 ) of a body corporate named in the search application or of a body corporate with an interest in the personal property described in the application. |
9 | A person | To establish whether to invest in, with, or through, a person named in the search application. |
10 | A person | To establish whether to invest in, with, or through, an associate (within the meaning of section 11 or subsection 12(2) of the Corporations Act 2001 ) of a body corporate named in the search application or of a body corporate with an interest in the personal property described in the application. |
11 | The Registrar | A purpose that relates to the administration of this Act. |
12 | A person who has taken control of the property of an individual who is insolvent under administration, within the meaning of the Corporations Act 2001 | A purpose that relates to the searcher's control of the property. |
13 | An Official Receiver in Bankruptcy within the meaning of the Bankruptcy Act 1966 | A purpose that relates to the exercise of a power, or the performance of a function, of that Official Receiver in Bankruptcy. |
14 | The legal personal representative of an individual (including a deceased individual) | A purpose that relates to the exercise of a power, or the performance of a function, as legal personal representative. |
15 | A government entity within the meaning of the A New Tax System (Australian Business Number) Act 1999 | A purpose that relates to the exercise of a power, or the performance of a function, of that entity, unless the purpose is covered by another purpose listed in this table. |
16 | A government entity within the meaning of the A New Tax System (Australian Business Number) Act 1999 | A purpose that relates to the maintenance of the law, including the prevention, detection, investigation or prosecution of contraventions of laws (whether the penalty for contravention is criminal or civil). |
17 | The holder of a lien or charge, or a creditor | A purpose that relates to the enforcement of the lien or charge, or the creditor's rights, as the case may be. |
18 | A bailiff, or sheriff, of a court of the Commonwealth, a State or a Territory | A purpose that relates to the enforcement of a court order or warrant. |
19 | A person | To advise another person in connection with any of the purposes referred to in this table. |
Search otherwise than for authorised purpose
(3) A searcher mentioned in an item in the table in subsection (2) must not, otherwise than for the purpose specified in the item:
(a) access the register to search for data; or
(b) use data obtained as a result of accessing the register, unless the searcher has also obtained the data lawfully from another source.
Civil penalty: 50 penalty units.
Note: See Part 6.3 (Civil penalty proceedings).
(5) For the purposes of section 195A (Registrar--investigations), the Registrar may do either or both of the following:
(a) investigate a suspected contravention of subsection (3);
(b) decline to investigate, or to investigate further, a suspected contravention of subsection (3).
Recovery of damages for contravention
(6) For the purposes of section 271:
(a) compliance with subsection (3) is taken to be an obligation imposed on a person who accesses the register to search for data, or uses data obtained as a result of accessing the register to search for data; and
(b) the obligation is taken to be owed to the grantor by reference to whose details the search is undertaken; and
(c) a contravention of subsection (3) is taken to be a failure to discharge that obligation.
Note: Section 271 gives a right to recover damages for any loss or damage in relation to such a failure.