Document ID: chunk:federal_register_of_legislation:C2013C00609:clause:1_588fp:p2
Version: federal_register_of_legislation:C2013C00609
Segment Type: clause
Provision Reference: sch 1 cl 588FP (pt 2/2)
Character Range: 83512–84745

the debt, liability or obligation is void under subsection (1).
 (7) Subsection (1) does not affect the title of a person to property if:
 (a) the person acquires the property for new value (within the meaning of the Personal Property Securities Act 2009) from any of the following persons (the seller):
 (i) a person covered by subsection (2);
 (ii) another person on behalf of a person covered by subsection (2);
 (iii) a receiver, or receiver and manager, appointed under powers conferred by an instrument creating or evidencing the security interest; and
 (b) at the time the person acquires the property, the person has no actual or constructive knowledge that the seller is a secured party or acting on behalf of a secured party.
 (8) Sections 297 to 300 of the Personal Property Securities Act 2009 apply in relation to the determination of whether or not a person has actual or constructive knowledge as mentioned in paragraph (7)(b) of this section.

Onus of proof
 (9) In a proceeding in Australia under this Act, the onus of proving the fact that a person acquires property without actual or constructive knowledge as mentioned in paragraph (7)(b) lies with the person asserting that fact.

Part 10—Transitional provisions