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).