Commonwealth Consolidated Acts

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PERSONAL PROPERTY SECURITIES ACT 2009 - SECT 296

Onus of proof

    In a proceeding in Australia under this Act, the onus of proving the following facts lies with the person asserting those facts:

  (a)   the fact that a security interest attaches to personal property;

  (b)   the fact that a security interest is perfected by registration;

  (c)   the fact that a person takes personal property free of a security interest, except in relation to sections   43 and 47;

  (d)   the fact that a person takes personal property free of a security interest under subsection   47(1);

  (e)   the fact that a person does not take personal property free of a security interest under subsection   47(2);

  (f)   the fact that a person who purchases collateral pays at least the market value of the collateral at the time of the purchase;

Note:   See paragraph   129(3)(b).

  (g)   the fact that a person acquires personal property without actual or constructive knowledge as mentioned in paragraph   267(3)(b);

  (h)   the fact that a fee referred to in subsection   279(1) does not exceed the reasonable marginal costs of providing information;

Note:   See subsection   279(2).

  (i)   the fact that information has been provided to a grantor or the grantor's authorised representative under section   275 or 276 in response to a request made within the previous 6 months;

Note:   See subsection   279(3).

  (j)   the fact that there has not been a material change in information provided to a grantor or the grantor's authorised representative since the information was last provided to the grantor or the authorised representative;

Note:   See subsection   279(4).

  (k)   the fact that the fee imposed under subsection   279(1) exceeds the reasonable marginal costs of providing information;

Note:   See subsection   281(2).

  (l)   the fact that:

  (i)   information has not been provided to the a grantor or a grantor's authorised representative in response to a request made under section   275 within the previous 6   months; or

  (ii)   there has been a material change in information since the information was last provided to a grantor or a grantor's authorised representative.

Note:   See subsection   281(3).


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