Document ID: chunk:federal_register_of_legislation:C2024C00719:section:176b
Version: federal_register_of_legislation:C2024C00719
Segment Type: section
Provision Reference: s 176B
Character Range: 310492–312751

176B  Access to registered data—conditions

Scope
 (1) This section applies if a person applies for:
 (a) the registration of a financing statement or a financing change statement (under section 150); or
 (b) access to the register to search for data (under section 170); or
 (c) a copy of a registered financing statement or verification statement (under section 175).

Registered data conditions
 (2) The person may be required to comply with conditions (registered data conditions) in relation to registered data received as a result of the application, as part of the approved form for the application.
Note: For approved forms, see section 302.
 (3) Registered data conditions includes, but is not limited to, conditions relating to the use of registered data.
 (4) The person's compliance with the registered data conditions may be required whether or not:
 (a) the application relates to personal property that is the subject of registered data; or
 (b) in the case of an application for access to the register to search for data—the person is applying for access to the register to search for registered data; or
 (c) in the case of an application for a copy of a registered financing statement—the applicant also applies for a copy of a verification statement in relation to the financing statement.

Recovery of damages for contravention
 (5) For the purposes of section 271:
 (a) compliance with the registered data conditions as required under subsection (2) of this section is taken to be an obligation imposed on the person by this Act; and
 (b) the obligation is taken to be owed to the Commonwealth; and
 (c) a contravention of a registered data condition is taken to be a failure to discharge that obligation.
Note: Section 271 gives a right to recover damages for any loss or damage relating to such a failure.
 (6) If the person (the applicant) applies on behalf of another person (the principal):
 (a) both the applicant and the principal may be required, by the approved form for the application, to comply with the registered data conditions; and
 (b) an obligation is taken to be imposed under subsection (5) on both the applicant and the principal, in each of their personal capacities, to comply with the registered data conditions.