Document ID: chunk:federal_register_of_legislation:C2024C00719:section:174
Version: federal_register_of_legislation:C2024C00719
Segment Type: section
Provision Reference: s 174
Character Range: 305503–307557

174  Search—written search results and evidence etc.

Search result as evidence
 (1) A written search result in the appropriate form (see subsection (3)) is admissible as evidence in a court or tribunal and is, in the absence of evidence to the contrary, proof of the matters stated in the search result.
 (2) Without limiting subsection (1), the matters that may be stated in a search result include the following:
 (a) the registered description of collateral at a particular time;
 (b) the time of the registration of a financing statement, any financing change statement and the end time for a registration;
 (c) the chronological order of any of the events mentioned in paragraph (b), in relation to one or more registrations.

Appropriate form of search result
 (3) A search result is in the appropriate form if:
 (a) it purports to be issued by the Registrar in the approved form; or
 (b) it purports to be issued by one of the following:
 (i) an officer or agency of the Commonwealth authorised by the Registrar;
 (ii) an officer or agency of a State or Territory authorised by the Registrar; or
 (c) it purports to be:
 (i) issued by a person prescribed by the regulations; and
 (ii) if the Registrar approves a form for the purposes of this subparagraph—in the approved form.
 (4) The Registrar may include, or may authorise to be included, in a search result, any data, including third party data (see section 176C), determined by the Registrar in relation to a secured party, a grantor or personal property.

Evidence of transient electronic communications etc.
 (5) If a search result is covered by paragraph (b) of the definition of writing in section 10, evidence of the search result may be given by the production of a recording of the search result mentioned in that paragraph.

Instruments of approval
 (6) The Registrar may, by written instrument, authorise an officer or agency for the purposes of subparagraph (3)(b)(i) or (ii).
 (7) The Registrar may, by legislative instrument, determine data for the purposes of subsection (4).