Commonwealth Consolidated Acts Commonwealth Consolidated ActsAgreement with third parties
(1) The Registrar may make an arrangement with a person (the third party ) prescribed by regulations made for the purposes of this section to enable:
(a) data ( third party data ) held by the third party with respect to personal property to be included in verification statements; and
(b) access to the register to be given to applicants under section 170 (search--general) to search for third party data; and
(c) third party data to be included in search results under section 174; and
(d) applications for registration under section 150, for access to the register under section 170 or for copies of registered financing statements or verification statements under section 175 to be subject to conditions ( third party data conditions ) relating to third party data obtained as a result of such applications.
Example: An arrangement between the Registrar and a third party to enable third party data relating to motor vehicles to be included in verification statements and search results.
(2) Third party data does not include personal information, within the meaning of the Privacy Act 1988 , about an individual.
(3) Third party data conditions includes, but is not limited to, conditions relating to the use of the third party data.
Use of third party data
(4) A person may be required to comply with third party data conditions, as part of the approved form for application, if the person applies:
(a) for the registration of a financing statement or a financing change statement (under section 150); or
(b) for access to the register to search for data (under section 170); or
(c) for a copy of a registered financing statement or verification statement (under section 175).
Note: For approved forms, see section 302.
(5) A person's compliance with third party data conditions may be required whether or not:
(a) the application relates to personal property that is the subject of the third party data; or
(b) in the case of an application for access to the register to search for data--the person is applying for access to the register to search for the third party data; or
(c) in the case of an application for a copy of a registered financing statement--the applicant also applies for a copy of a verification statement in relation to the financing statement.
Recovery of damages for contravention
(6) For the purposes of section 271:
(a) compliance with the third party data conditions as required under subsection (4) of this section is taken to be an obligation imposed on the person by this Act; and
(b) the obligation is taken to be owed to the third party; and
(c) a contravention of one of the third party data conditions is taken to be a failure to discharge that obligation.
Note: Section 271 gives a right to recover damages for any loss or damage relating to such a failure.
(7) If a person (the applicant ) makes an application mentioned in subsection (4) on behalf of another person (the principal ):
(a) both the applicant and the principal may be required, by the approved form for the application, to comply with the third party data conditions; and
(b) an obligation is taken to be imposed under subsection (6) on both the applicant and the principal, in each of their personal capacities, to comply with the third party data conditions.