Document ID: chunk:federal_register_of_legislation:C2024C00719:section:275:p2
Version: federal_register_of_legislation:C2024C00719
Segment Type: section
Provision Reference: s 275 (pt 2/2)
Character Range: 433158–435533

a request made under subsection (1) if:
 (a) subject to subsection (7), the secured party and the debtor have agreed (the confidentiality agreement) in writing that neither the secured party nor the debtor will disclose information of the kind mentioned in subsection (1); or
 (b) the response would contravene any of the following:
 (i) a law of the Commonwealth, a State or a Territory;
 (ii) the general law; or
 (c) the response would disclose information that is protected against disclosure by a duty of confidence.
 (7) Paragraph (6)(a) does not apply if:
 (a) the confidentiality agreement is made after the security agreement that provides for the security interest is made; or
 (b) at the time the request is received, the debtor is in default under the security agreement; or
 (c) the debtor, in writing, authorises the disclosure of the information; or
 (d) the grantor requests the secured party to give the information to the grantor; or
 (e) the request is made by an auditor of the grantor, if the grantor is a body corporate.
 (8) If:
 (a) a request is made in accordance with paragraph (1)(c); and
 (b) the secured party claims a security interest provided for by a security agreement in any of the following:
 (i) all of the grantor's present and after‑acquired property;
 (ii) all of the grantor's present and after‑acquired property except for an item or class of personal property described in the security agreement;
 (iii) all of a specified class of personal property of the grantor;
the secured party may indicate this instead of approving or correcting the itemised list of property.

Interested persons
 (9) For the purposes of this section, the following persons are interested persons:
 (a) the grantor in relation to the collateral in which the security interest is granted;
 (b) a person with another security interest in the collateral mentioned in paragraph (a);
 (c) an auditor of a grantor mentioned in paragraph (a), if the grantor is a body corporate;
 (d) an execution creditor with an interest in the collateral;
 (e) an authorised representative of any of the above.
 (10) A secured party who receives a request made under subsection (1) that purports to be made by an interested person may act as if the person is entitled to make the request, unless the secured party has actual knowledge that the person is not entitled to make it.