South Australian Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

GOODS SECURITIES ACT 1986 - SECT 8

8—Correction, amendment and cancellation of entries

        (1)         The Registrar may correct any particulars that have been incorrectly entered in the register.

        (2)         Where a change occurs in circumstances to which a particular entered in the register relates, the Registrar may amend the entry to accord with that change.

        (3)         Where it appears to the Registrar that—

            (a)         an entry in the register should not have been made either because the interest to which it relates does not exist, or is not registrable under this Act; or

            (b)         a security interest entered in the register has been discharged,

the Registrar may, subject to this section, cancel the registration of the security interest.

        (4)         Before the Registrar cancels the registration of a security interest under subsection (3), the Registrar must, by notice in writing sent by post to the person entered in the register as the holder of the security interest, require that person to show cause within 14 days after the date of the notice why registration of that security interest should not be cancelled.

        (5)         Where a person fails to show cause as required by a notice under subsection (4), the Registrar may give that person notice that the Registrar proposes to cancel registration of the security interest.

        (6)         Within 7 days after receipt of a notice under subsection (5) the person may apply to the Court for a review of the Registrar's decision.

        (7)         The Registrar may cancel registration of the security interest

            (a)         if no application to the Court is made within the time allowed under subsection (6); or

            (b)         if an application to the Court is made and—

                  (i)         the Court confirms the Registrar's decision; or

                  (ii)         the application is subsequently withdrawn or struck out.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback