Document ID: chunk:federal_register_of_legislation:C2024C00719:section:275:p1
Version: federal_register_of_legislation:C2024C00719
Segment Type: section
Provision Reference: s 275 (pt 1/2)
Character Range: 430777–433411

275  Secured party to provide certain information relating to security interest

Requests for information
 (1) An interested person mentioned in subsection (9) may request a secured party who holds a security interest in collateral to send or make available to the interested person, or any other person, any of the following:
 (a) a copy of the security agreement that provides for the security interest;
 (b) a statement in writing setting out the amount or the obligation that is secured by the security interest and the terms of payment or performance of the obligation, as at the day specified in the request;
 (c) a written approval or correction of an itemised list of personal property attached to the request indicating in which items of property the security interest is granted, as at the day specified in the request;
 (d) a written approval or correction of the following attached to the request, as at the day specified in the request:
 (i) the amount or the obligation that is secured by the security interest;
 (ii) the terms of payment or performance of the obligation.
 (2) A request made under subsection (1) must specify an address to which the information requested under that subsection must be sent or at which the information must be made available.
 (3) A request made in accordance with paragraph (1)(b), (c) or (d) must not specify a day later than 20 business days after the day the request is made.
Note: The period may be extended by a court under section 293.

Compliance with request
 (4) Subject to subsections (5) and (6), a person who receives a request made under subsection (1) must respond to the request.
Note 1: A person who receives a request but who no longer has a security interest in collateral must respond to the request in accordance with section 276.
Note 2: Section 277 deals with the time for responding to a request.
Note 3: A person who responds to a request might be prevented from denying the accuracy etc. of information provided (see section 283).
 (5) A secured party is not required to respond to a request made under subsection (1) if the information requested under that subsection must be, or has already been, made available to the person who made the request, under any of the following:
 (a) a law of the Commonwealth, a State or a Territory;
 (b) the general law.
 (6) A secured party is not required to respond to 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