Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The following persons may apply to a court for an order in relation to an amendment demand:
(a) the secured party;
(b) the person who gave the amendment demand.
(2) The person who gave the amendment demand cannot make an application under this section before the end of 5 business days after the day the demand is given to the secured party.
Note: The period may be extended by a court under section 293.
(3) A person with an interest (including a security interest) in the collateral described in the registration has the right to appear before the court on an application under this section.
Note 1: The Registrar also has the power to intervene in the proceeding (see section 218).
Note 2: For which courts have jurisdiction, and for transfers between courts, see Part 6.2.
(4) On an application under this section, a court may make the following orders:
(a) if the court considers the amendment demanded to be authorised under section 178--an order requiring the Registrar to register a financing change statement amending the registration (including an amendment to remove the registration);
(b) if the court does not consider the amendment demanded to be so authorised--one or more of the following orders:
(i) an order restraining the Registrar from registering a financing change statement amending the registration at the Registrar's initiative (under section 181);
(ii) an order restraining the person who gave the amendment demand from making such further amendment demands as the court specifies;
(iii) an order restraining the Registrar from giving the secured party amendment notices under section 180 in relation to such further amendment demands as the court specifies;
(c) any other order that the court thinks fit.
(5) The Registrar must comply with a court order to register a financing change statement as soon as reasonably practicable after receiving the order.
Note: The Registrar must give a verification statement to each secured party after the registration of a financing change statement (see section 156).
(6) Data removed from the register because of an amendment under this section must not be made available for search in the register by reference to any time before (or after) the time of removal, if the Registrar so decides.
Note: Incorrectly removed data may be restored under section 186.