Personal Property Securities (Approved Form) Instrument 2021
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Personal Property Securities (Approved Form) Instrument 2021 Personal Property Securities Act 2009 I, PETER EDWARDS, Deputy Registrar of Personal Property Securities, make this Instrument under section 302 of the Personal Property Securities Act 2009 (PPS Act). Forms approved by this instrument are approved under subsection 302 (3) of the PPS Act. Any requirements for the giving of a form established by this instrument are established under paragraph 302 (2) (d) of the PPS Act. Dated 12 JULY 2021 PETER EDWARDS Deputy Registrar of Personal Property Securities
Contents Page Contents 1 Name of Instrument 2 2 Commencement 2 3 Definition 2 4 Approval of attached forms 2 5 Other approved forms — application to register financing statement or financing change statement 3 6 Other approved forms — verification statement 3 7 Other approved forms — notice of verification statement 4 8 Other approved forms — access to register to search for data 5 9 Other approved forms — search results 5 10 Other approved forms — data given to Registrar from transitional register 5 11 Other approved forms — preparatory registration relating to transitional security interests 5 Schedule 1 Attached Forms 6 1 Name of Instrument This Instrument is the Personal Property Securities (Approved Form) Instrument 2021. 2 Commencement This Instrument commences on 12 JULY 2021. The Personal Property Securities (Approved Form) Instrument 2013 is repealed by the commencement of this instrument. 3 Definition In this Instrument: Act means the Personal Property Securities Act 2009. 4 Approval of attached forms For subsection 302 (3) of the Act, each form attached to this Instrument is an approved form for the purposes of the provision or provisions of the Act to which the form is expressed to apply. Note 1 For subsection 302 (4) of the Act, some approved forms may require a person using the form to comply with either or both of: (a) registered data conditions within the meaning of section 176B of the Act; and (b) third party data conditions within the meaning of section 176C of the Act. Note 2 For transitional reasons two forms may be attached in relation to the same provision or provisions of the Act. 2 Personal Property Securities (Approved Form) Instrument 2021
Section 6 5 Other approved forms — application to register financing statement or financing change statement (1) For subsection 302 (3) of the Act, an interactive form provided at the internet address: https://transact.ppsr.gov.au/ for the purpose of making an application to register a financing statement, or a financing change statement, is an approved form of an application to which paragraph 150 (3) (a) of the Act applies. (2) For subsection 302 (3) of the Act, an interactive form that is planned to be provided at the internet address: https://transact.ppsr.gov.au/ on 28 July 2021 implemented by PPSR Release R8.c for the purpose of making an application to register a financing statement is also an approved form of an application to which paragraph 150 (3) (a) of the Act applies. Note A description of the Release will be available at http://www.ppsr.gov.au (3) For subsection 302 (3) of the Act, an electronic communication in a format required by the Registrar for communication through the relevant computer to computer interface administered by the Registrar is an approved form of an application to register a financing statement, or a financing change statement, to which paragraph 150 (3) (a) of the Act applies. Example An application made through a business to government channel designed in accordance with specifications issued by the Registrar. Note 1 The specifications of the format will be available at http://www.ppsr.gov.au. Note 2 For subsection 302 (4) of the Act, some approved forms may require a person using the form to comply with either or both of: (a) registered data conditions within the meaning of section 176B of the Act; and (b) third party data conditions within the meaning of section 176C of the Act. 6 Other approved forms — verification statement For subsection 302 (3) of the Act, the form of a statement generated by the Register for the purpose of verifying the registration of a financing statement, or a financing change statement with respect to a security interest is an approved form of a verification statement to which section 155 of the Act applies. Personal Property Securities (Approved Form) Instrument 2021 3
Section 7 7 Other approved forms — notice of verification statement Copy of verification statement (1) For subsection 302 (3) of the Act, a copy of a verification statement, dealt with in accordance with subsections (2) and (3), is an approved form of notice of a verification statement to which subsection 157 (1) of the Act applies. (2) If the notice of a verification statement: (a) relates to an individual; and (b) is to be given to a grantor other than that individual; the copy of the verification statement mentioned in subsection (1) must have all references to that individual’s birth details fully obliterated in a way that does not allow the references to be seen if the obliteration can be removed. (3) If the notice of a verification statement relates to a motor vehicle, it is not necessary to display in the copy of the verification statement mentioned in subsection (1) references to information contained in the National Exchange of Vehicle and Driver Information System (also known as ‘NEVDIS’). Replication of content of verification statement (4) For subsection 302 (3) of the Act, the form of a document that: (a) is created by a secured party; and (b) replicates the information contained in the verification statement, other than information that has not been replicated in accordance with subsections (5) and (6); and (c) states that it is a ‘Notice of Verification Statement’ provided for the purposes of section 157 of the Act; is an approved form of notice of a verification statement to which subsection 157 (1) of the Act applies. (5) If the notice of a verification statement: (a) relates to an individual; and (b) is to be given to a grantor other than that individual; references in the verification statement to that individual’s birth details must not be replicated in the document mentioned in subsection (4). (6) If the notice of a verification statement relates to a motor vehicle, it is not necessary to replicate references in the verification statement to information contained in the National Exchange of Vehicle and Driver Information System (also known as ‘NEVDIS’) in the document mentioned in subsection (4). 4 Personal Property Securities (Approved Form) Instrument 2021
Section 11 8 Other approved forms — access to register to search for data (1) For subsection 302 (3) of the Act, an interactive form provided at the internet address: https://transact.ppsr.gov.au/ for the purpose of making an application for access to the register to search for data is an approved form of an application to which paragraph 170 (3) (b) of the Act applies. (2) For subsection 302 (3) of the Act, an electronic communication in a format required by the Registrar for communication through the relevant computer to computer interface administered by the Registrar is an approved form of an application for access to the register to search for data to which paragraph 170 (3) (b) of the Act applies. Example An application made through a business to government channel designed in accordance with specifications issued by the Registrar. Note 1 The specifications of the format will be available at http://www.ppsr.gov.au. Note 2 For subsection 302 (4) of the Act, some approved forms may require a person using the form to comply with either or both of: (a) registered data conditions within the meaning of section 176B of the Act; and (b) third party data conditions within the meaning of section 176C of the Act. 9 Other approved forms — search results For subsection 302 (3) of the Act, a search certificate generated by the Register as a search result for the purposes of section 174 of the Act is an approved form of a search result to which that section applies. 10 Other approved forms — data given to Registrar from transitional register For subsection 302 (3) of the Act, the approved form of giving data to the Registrar for the purposes of paragraph 330 (b) of the Act is by an electronic communication of the data to the Registrar in the format specified by the Registrar for the purposes of that section. Note The format is set out in the Data Migration and Pre-load Technical User Guide and the specific technical user guide for the relevant transitional register. 11 Other approved forms — preparatory registration relating to transitional security interests For subsection 302 (3) of the Act, the approved form of applying to the Registrar under subsection 336 (1) of the Act is by an electronic communication to the Registrar in the format required by the Registrar for the purposes of that subsection. Note The format is set out in the Data Migration and Pre-load Technical User Guide. Personal Property Securities (Approved Form) Instrument 2021 5
Schedule 1 Attached Forms For section 4 of the Instrument the following forms are attached: 1. AFSA Credit Application (section 190) (CA4(P)0813). 2. AFSA Credit Application (section 190) (CA4(P)0721). 3. Notice of Intention to Remove Accession (section 95) (version N17(P)0813). 4. Notice of Intention to Remove Accession (section 95) (version N17(P)0721). 5. Notice of Intention to Dispose of Collateral (section 130) (version N15(P)0813). 6. Notice of Intention to Dispose of Collateral (section 130) (version N15(P)0721). 7. Notice of Proposal to Retain Collateral (section 135) (version N16(P)0813). 8. Notice of Proposal to Retain Collateral (section 135) (version N16(P)0721). 9. Amendment Statement (section 180) (version D1(P)0813). 10. Amendment Statement (section 180) (version D1(P)0721). 6 Personal Property Securities (Approved Form) Instrument 2021
AFSA CREDIT APPLICATION Privacy The information on this form is collected and used for the primary purpose of transacting with AFSA. AFSA’s privacy policy explains how personal information is managed. The policy can be viewed on AFSA’s website (www.afsa.gov.au/privacy) or you may request a copy. Institution/Company/Business Information If you are applying for credit as a user of AFSA’s insolvency/bankruptcy services, you will need to be registered as an online user. You can register online at www.afsa.gov.au If you are applying for credit as a user of the Personal Property Securities Register (PPSR), you will need to be registered as an online user. You can create an account online at www.ppsr.gov.au. For PPSR users, please enter your PPSR Account Number: Customer Details Trading name of organisation Entity type Government agency Authorised deposit- Publicly listed company Proprietary limited taking institution company Partnership Sole trader Trustee (company/ Other entity individual) Nature of business Registered company name ACN ABN Date established (DD/MM/YYYY) Annual turnover Number of employees Phone number Fax number Email Registered/Trading Address Address Postcode Is your postal address the same as your Registered/Trading Address? No Yes CA(P)042018 www.afsa.gov.au - 1300 364 785 page 1 of 6
Details of Services Please indicate which services you will be using. Please note that PPSR and insolvency are treated as separate credit facilities and applications for each will be assessed separately. PART A - Insolvency PART B - PPSR Do you require a credit facility for insolvency/bankruptcy? Do you require a credit facility for PPSR? No Yes No Yes Please indicate which services you will require: Please indicate which services you will require: Insolvency: PPSR: Bankruptcy notices and extensions Searches Debt agreement proposal fee Registrations S188 filing fee Official Receiver notices Other Of the services you require, please indicate your Of the services you require, please indicate your anticipated monthly usage (transaction volume) anticipated monthly usage (transaction volume) Bankruptcy Notices Searches Bankruptcy Notice ex- tensions Registrations Debt agreement pro- posal fee Section 188 filing fee Official Receiver notices Other Proposed monthly credit Proposed monthly credit limit: ($) limit: ($) Business Contact Information (provide details of financial/administrative contact person/s) Department or Business Area Title Given name/s Surname Position of contact person Phone number Fax number Email CA(P)042018 page 2 of 6 www.afsa.gov.au - 1300 364 785
Invoicing Information Send invoices by Email Post Invoice email Postal address for invoices Postcode Referees Trade/supply referees (not required for Authorised Deposit-taking Institutions or Government Agencies) Business/company name of referee Title Given name/s Surname Address Postcode Phone number Email Directors, sole traders and partners Please complete details of directors, sole traders, partners on form or attach separate page disclosing requested details. Note: residential address is required for personal credit history check Title Given name/s Surname Position Address Postcode Title Given name/s Surname Position Address Postcode CA(P)042018 page 3 of 6 www.afsa.gov.au - 1300 364 785
Acknowledgement I / we Title Given name/s Surname Address Postcode Organisation (if applicable) Position/capacity (if applicable) Title Given name/s Surname Address Postcode Organisation (if applicable) Position/capacity (if applicable) Hereby Declare That: 1. The information provided is true and correct and the Customer acknowledges that in determining to supply services, AFSA will rely on the representations made in this application. 2. I have read the Terms and Conditions of Credit set out below. 3. I am not aware that the Customer has any unsatisfied defaults registered, unregistered defaults, pending judgements or orders which may impact this application or the Customer’s ability to repay any credit offered. 4. I am authorised on behalf of the Customer to enter this agreement and accept the Terms and Conditions of Credit. The applicant agrees to be unconditionally bound by the Terms and Conditions of Credit and acknowledges that all services are provided subject to the Terms and Conditions of Credit. Execution Signed by the applicant/s: Date (DD/MM/YYYY) Send completed form to: Postal address: Australian Financial Security Authority, GPO Box 821, Canberra, ACT, 2601 Email address: accounts.receivable@afsa.gov.au (Signed and scanned copies of completed form accepted by email) CA(P)042018 page 4 of 6 www.afsa.gov.au - 1300 364 785
TERMS AND CONDITIONS OF CREDIT 1. In applying for credit with the Australian Financial Security Authority, I/we (the Customer) acknowledge that any credit (the credit facility) granted following this application will be subject to the terms and conditions stated in this appli- cation or as subsequently varied by the Australian Financial Security Authority at its discretion and notified to the Customer. The Customer further acknowledges and agrees that, if the Customer is granted credit facilities in respect of both insolvency services and PPSR services, when applying the terms and conditions each is to be treated as a separate credit facility. 2. Payment terms are “Net 30 Days”, payment being due within 30 days from the date of invoice unless alternative terms are agreed upon by the Australian Financial Security Authority in writing. 3. Any credit limit approved by the Australian Financial Security Authority and advised to the Customer must not be exceeded. The Australian Financial Security Authority periodically reviews its credit limits. The Customer agrees that the Australian Financial Security Authority may review and revise the Customer’s credit limit at any time. The Austra- lian Financial Security Authority may increase or reduce the Customer’s credit limit at the Customer’s request. The Australian Financial Security Authority may also reduce the Customer’s credit limit without request, but the Australian Financial Security Authority will not reduce the Customer’s credit limit below the outstanding balance on the account at the time of the reduction without prior communication with the Customer. 4. The Australian Financial Security Authority reserves the right to pursue collection of outstanding amounts. Related costs including but not limited to external collection agent fees, legal and court costs may be added to the outstand- ing amount owed under the credit facility. 5. The Australian Financial Security Authority may at any time set-off amounts owed by the Australian Financial Security Authority to the Customer from the amounts owed by the Customer to the Australian Financial Security Authority. The Australian Financial Security Authority will apply payments against the outstanding amounts in the order in which they were incurred. 6. The Customer indemnifies and holds harmless the Australian Financial Security Authority and its officers, employees and agents from and against all actions, claims, proceedings or demands which may be brought or made against it or them or any of them in respect of any loss, injury, or damage arising out of any breach of these terms and conditions by the Customer or any negligent act or omission by the Customer and from and against all damages, costs and expenses incurred in defending or settling any action, claim, proceeding or demand arising from such breach, act or omission. 7. The Customer accepts and acknowledges that the Australian Financial Security Authority may disclose information disclosed in the course of this credit application to a credit reporting agency. 8. The Customer agrees to the Australian Financial Security Authority obtaining personal information from any credit reporting agency or a credit provider for the purpose of assessing any application submitted by or on behalf of the Customer for commercial credit (including information as to creditworthiness); and agrees to that agency or provider providing that information to the Australian Financial Security Authority for that purpose. 9. The Customer agrees to the Australian Financial Security Authority obtaining from, and provision by, any such credit reporting agency or credit provider further credit reports, which may assist the Australian Financial Security Authority in recovering any sums outstanding under the terms of the credit facility to which this application may lead. 10. The Australian Financial Security Authority is not liable for any costs incurred in the completing of this form. The Cus- tomer is responsible for any stamp duty or other government charges levied on or in connection with this application or any associated credit facility or guarantee. 11. The Customer agrees that it is the responsibility of the Customer to advise the Australian Financial Security Authority of any change of address or contact information in writing within a timely manner and no later than 30 days from the date that the change is effective. 12. In the event of a dispute regarding an outstanding amount: (a) the Customer agrees that the dispute will be dealt with as follows: (i) the Customer will give the Australian Financial Security Authority a written notice setting out the amount and full particulars of the dispute, including the reasons the Customer disputes the amount, and the con- tact details of a nominated representative with authority to settle the dispute on behalf of the Customer; (ii) the Customer’s representative and the Australian Financial Security Authority will try to settle the dispute by direct negotiation between them; (iii) the parties will attempt to achieve a speedy resolution; and (iv) if the parties have been unable to settle the dispute within 28 days either party may commence legal proceedings (b) the Customer will remain liable for the amount and full payment of all invoices are required by the due date (unless the Australian Financial Security Authority otherwise consents in writing); and (c) this clause does not apply to: (i) legal proceedings by either party seeking urgent interlocutory relief; or (ii) any action by the Australian Financial Security Authority under clauses 16 to 22. CA(P)042018 page 5 of 6 www.afsa.gov.au - 1300 364 785
13. The Australian Financial Security Authority may request the Customer to provide general purpose financial reports and other financial information for the assessment of this credit application. Director’s Guarantee 14. If the Customer is a body corporate, the Australian Financial Security Authority may at any time before or during the operation of the credit facility require one or more of the Customer’s directors and/or officers to guarantee repay- ment of the credit facility. If a director/officer who has provided such a guarantee vacates their office, the Customer must notify the Australian Financial Security Authority in writing within 14 days. Confidentiality of the Applicant’s information 15. Except as required by law, the Australian Financial Security Authority will only use or disclose the Customer’s per- sonal information as necessary for the assessment and administration of the credit facility - for example, to accounts receivables staff or to external auditors. Termination, Suspension and Default 16. In the event that full payment is not received by the due date the credit facility may be suspended or cancelled without notice. Reinstatement of credit terms after any suspension will be at the discretion of the Australian Financial Security Authority. 17. The Customer acknowledges that the Australian Financial Security Authority may suspend or terminate the credit facility immediately (with or without written notice), if the Customer: (a) obtains credit by fraud, dishonesty or omission; or (b) allows the amount of a monthly statement to remain unpaid for more than 30 days from its due date; or (c) breaches any of these terms and conditions; or (d) being an individual, commits an act of bankruptcy; or (e) being a body corporate, becomes externally administered; or if: (f) the Australian Financial Security Authority believes that the continued use of the credit facility may cause loss or damage to the Customer or the Australian Financial Security Authority; or (g) in the opinion of the Australian Financial Security Authority any change in circumstances, including, without lim- itation, changes in the Customer’s constitution, ownership, membership, control status or ability to provide secu- rity for payment of amounts which have or are likely to be charged to the credit facility, makes the continuance of the application undesirable or unsatisfactory; or (h) where one or more persons guarantee the Customer’s obligations under the credit facility - that person or those persons withdraws his, her or their guarantee. 18. Subject to any relevant legislative requirement, in the event the Customer breaches any of these terms and condi- tions, the Australian Financial Security Authority reserves the right to notify credit reporting agencies of that breach. The Customer acknowledges that any damages suffered by the Customer as a result of the listing is solely the Cus- tomer’s responsibility and holds the Australian Financial Security Authority and its officers, employees and agents safe from claim in respect of any damages. 19. If the credit facility is suspended or cancelled then the Australian Financial Security Authority may require immediate payment of all outstanding amounts. Suspension or cancellation does not affect any of the Customer’s obligations in respect of the credit facility. 20. The Customer must pay to the Australian Financial Security Authority all amounts reasonably incurred or expended by the Australian Financial Security Authority in exercising its rights as a result of a breach of these terms and condi- tions by the Customer or as a result of any circumstance referred to in clause 17. Variations 21. The Australian Financial Security Authority may vary these terms and conditions with respect to future transactions between the Australian Financial Security Authority and the Customer: (a) by agreement between the Australian Financial Security Authority and the Customer; or (b) by the Australian Financial Security Authority giving to the Customer not less than 21 days’ prior written notice specifying the variation and the date on which the variation becomes effective. 22. Notice of the variation under this clause need not be sent separately and may be sent with the Customer’s statement of account or as part of any other correspondence. CA(P)042018 page 6 of 6 www.afsa.gov.au - 1300 364 785
The Australian Government regulator and service provider for matters relating to personal insolvency and personal property securities. afsa.gov.au FOR MORE INFORMATION AFSA please visit: afsa.gov.au CREDIT APPLICATION or call 1300 364 785 Privacy The information on this form is collected and used for the primary purpose of transacting with AFSA. AFSA’s privacy policy explains how personal information is managed. The policy can be viewed on AFSA’s website (afsa.gov.au/privacy) or you may request a copy. Institution/Company/Business Information If you are applying for credit as a user of AFSA’s insolvency/bankruptcy services, you will need to be registered as an online user. You can register online at afsa.gov.au If you are applying for credit as a user of the Personal Property Securities Register (PPSR), you will need to be registered as an online user. You can create an account online at ppsr.gov.au. For PPSR users, please enter your PPSR Account Number: Customer Details Trading name of organisation ABN Entity type: Date established Government agency Authorised deposit-taking institution Annual turnover P ublicly listed company P roprietary limited company P artnership Number of employees S ole trader Trustee (company/individual) O ther entity Phone number Nature of business Fax number Registered company name Email ACN CA(P)0721 page 1 of 7
AFSA Credit Application Registered/Trading Address Address Postcode Is your postal address the same as your Registered/Trading Address? No Yes Details of Services Please indicate which services you will be using. Please note that PPSR and insolvency are treated as separate credit facilities and applications for each will be assessed separately. Part A — Insolvency Part B — PPSR Do you require a credit facility for insolvency/bankruptcy? Do you require a credit facility for insolvency/bankruptcy? No Yes No Yes Please indicate which services you will require: Please indicate which services you will require: Insolvency: PPSR: Bankruptcy notices and extensions Searches D ebt agreement proposal fee Registrations S 188 filing fee Of the services you require, please indicate your O fficial Receiver notices anticipated monthly usage (transaction volume) Other Searches Of the services you require, please indicate your anticipated monthly usage (transaction volume) Bankruptcy Notices Registrations Bankruptcy Notice extensions Proposed monthly credit limit: ($) Debt agreement proposal fee Section 188 filing fee Official Receiver notices Other Proposed monthly credit limit: ($) CA(P)0721 page 2 of 7
AFSA Credit Application Business Contact Information (provide details Referees of financial/administrative contact person/s) Trade/supply referees (not required for Authorised Department or Business Area Deposit-taking Institutions or Government Agencies) Business/company name of referee Title Title Given name/s Given name/s Surname Surname Position of contact person Address Phone number Fax number Postcode Email Phone number Invoicing Information Send invoices by Email Post Email Invoice email Postal address for invoices Postcode CA(P)0721 page 3 of 7
AFSA Credit Application Directors, sole traders and partners Please complete details of directors, sole traders, partners on form or attach separate page disclosing requested details. Note: residential address is required for personal credit history check Title Title Given name/s Given name/s Surname Surname Position Position Address Address Postcode Postcode Title Title Given name/s Given name/s Surname Surname Position Position Address Address Postcode Postcode CA(P)0721 page 4 of 7
AFSA Credit Application Acknowledgement I / we Title Title Given name/s Given name/s Surname Surname Address Address Postcode Postcode Organisation (if applicable) Organisation (if applicable) Position/capacity (if applicable) Position/capacity (if applicable) Hereby declare that: Execution 1. The information provided is true and correct and Signed by the applicant/s: the Customer acknowledges that in determining to Signature supply services, AFSA will rely on the representations made in this application. 2. I have read the Terms and Conditions of Credit set out below. 3. I am not aware that the Customer has any unsatisfied defaults registered, unregistered defaults, pending judgements or orders which may impact this application or the Customer’s ability to repay any credit offered. 4. I am authorised on behalf of the Customer to enter this agreement and accept the Terms and Conditions of Credit. The applicant agrees to be unconditionally bound by Date the Terms and Conditions of Credit and acknowledges that all services are provided subject to the Terms and Conditions of Credit. Send completed form to: Postal address: Australian Financial Security Authority, GPO Box 821, Canberra, ACT, 2601 Email: accounts.receivable@afsa.gov.au CA(P)0721 (Signed and scanned copies of completed form accepted by email) page 5 of 7
AFSA Credit Application Terms and conditions of credit 8. The Customer agrees to the Australian Financial Security Authority obtaining personal information from any credit 1. In applying for credit with the Australian Financial reporting agency or a credit provider for the purpose of Security Authority, I/we (the Customer) acknowledge assessing any application submitted by or on behalf of the that any credit (the credit facility) granted following this Customer for commercial credit (including information as application will be subject to the terms and conditions to creditworthiness); and agrees to that agency or provider stated in this application or as subsequently varied by providing that information to the Australian Financial the Australian Financial Security Authority at its discretion Security Authority for that purpose. and notified to the Customer. The Customer further acknowledges and agrees that, if the Customer is granted 9. The Customer agrees to the Australian Financial Security credit facilities in respect of both insolvency services and Authority obtaining from, and provision by, any such credit PPSR services, when applying the terms and conditions reporting agency or credit provider further credit reports, each is to be treated as a separate credit facility. which may assist the Australian Financial Security Authority in recovering any sums outstanding under the terms of 2. Payment terms are “Net 30 Days”, payment being due the credit facility to which this application may lead. within 30 days from the date of invoice unless alternative terms are agreed upon by the Australian Financial Security 10. The Australian Financial Security Authority is not Authority in writing. liable for any costs incurred in the completing of this form. The Customer is responsible for any stamp duty or other 3. Any credit limit approved by the Australian Financial government charges levied on or in connection with this Security Authority and advised to the Customer must not application or any associated credit facility or guarantee. be exceeded. The Australian Financial Security Authority periodically reviews its credit limits. The Customer 11. The Customer agrees that it is the responsibility of agrees that the Australian Financial Security Authority the Customer to advise the Australian Financial Security may review and revise the Customer’s credit limit at Authority of any change of address or contact information any time. The Australian Financial Security Authority in writing within a timely manner and no later than 30 days may increase or reduce the Customer’s credit limit at from the date that the change is effective. the Customer’s request. The Australian Financial Security Authority may also reduce the Customer’s credit limit 12. In the event of a dispute regarding an outstanding amount: without request, but the Australian Financial Security (a) the Customer agrees that the dispute will be dealt Authority will not reduce the Customer’s credit limit below with as follows: the outstanding balance on the account at the time of the (i) the Customer will give the Australian Financial Security reduction without prior communication with the Customer. Authority a written notice setting out the amount and 4. The Australian Financial Security Authority reserves full particulars of the dispute, including the reasons the the right to pursue collection of outstanding amounts. Customer disputes the amount, and the contact details Related costs including but not limited to external of a nominated representative with authority to settle the collection agent fees, legal and court costs may be added dispute on behalf of the Customer; to the outstanding amount owed under the credit facility. (ii) the Customer’s representative and the Australian Financial Security Authority will try to settle the dispute 5. The Australian Financial Security Authority may at any by direct negotiation between them; time set-off amounts owed by the Australian Financial Security Authority to the Customer from the amounts (iii) the parties will attempt to achieve a speedy resolution; owed by the Customer to the Australian Financial and Security Authority. The Australian Financial Security (iv) if the parties have been unable to settle the Authority will apply payments against the outstanding dispute within 28 days either party may commence amounts in the order in which they were incurred. legal proceedings 6. The Customer indemnifies and holds harmless the (b) the Customer will remain liable for the amount and Australian Financial Security Authority and its officers, full payment of all invoices are required by the due employees and agents from and against all actions, date (unless the Australian Financial Security Authority claims, proceedings or demands which may be brought otherwise consents in writing); and or made against it or them or any of them in respect of any (c) this clause does not apply to: loss, injury, or damage arising out of any breach of these terms and conditions by the Customer or any negligent (i) legal proceedings by either party seeking urgent act or omission by the Customer and from and against all interlocutory relief; or damages, costs and expenses incurred in defending or (ii) any action by the Australian Financial Security Authority settling any action, claim, proceeding or demand arising under clauses 16 to 22. from such breach, act or omission. 13. The Australian Financial Security Authority may request 7. The Customer accepts and acknowledges that the the Customer to provide general purpose financial reports Australian Financial Security Authority may disclose and other financial information for the assessment of this information disclosed in the course of this credit application credit application. to a credit reporting agency. CA(P)0721 page 6 of 7
AFSA Credit Application Director’s Guarantee 18. Subject to any relevant legislative requirement, 14. If the Customer is a body corporate, the Australian in the event the Customer breaches any of these terms Financial Security Authority may at any time before or and conditions, the Australian Financial Security Authority during the operation of the credit facility require one reserves the right to notify credit reporting agencies of or more of the Customer’s directors and/or officers to that breach. guarantee repayment of the credit facility. If a director/ The Customer acknowledges that any damages suffered officer who has provided such a guarantee vacates by the Customer as a result of the listing is solely the their office, the Customer must notify the Australian Customer’s responsibility and holds the Australian Financial Financial Security Authority in writing within 14 days. Security Authority and its officers, employees and agents safe from claim in respect of any damages. Confidentiality of the Applicant’s information 19. If the credit facility is suspended or cancelled then 15. Except as required by law, the Australian Financial the Australian Financial Security Authority may require Security Authority will only use or disclose the Customer’s immediate payment of all outstanding amounts. personal information as necessary for the assessment Suspension or cancellation does not affect any of the and administration of the credit facility — for example, Customer’s obligations in respect of the credit facility. to accounts receivables staff or to external auditors. 20. The Customer must pay to the Australian Financial Security Authority all amounts reasonably incurred or Termination, Suspension and Default expended by the Australian Financial Security Authority 16. In the event that full payment is not received by in exercising its rights as a result of a breach of these the due date the credit facility may be suspended or terms and conditions by the Customer or as a result cancelled without notice. Reinstatement of credit terms of any circumstance referred to in clause 17. after any suspension will be at the discretion of the Australian Financial Security Authority. Variations 17. The Customer acknowledges that the Australian 21. The Australian Financial Security Authority may Financial Security Authority may suspend or terminate the vary these terms and conditions with respect to future credit facility immediately (with or without written notice), transactions between the Australian Financial Security if the Customer: Authority and the Customer: (a) obtains credit by fraud, dishonesty or omission; or (a) by agreement between the Australian Financial (b) allows the amount of a monthly statement to remain Security Authority and the Customer; or unpaid for more than 30 days from its due date; or (b) by the Australian Financial Security Authority giving (c) breaches any of these terms and conditions; or to the Customer not less than 21 days’ prior written notice (d) being an individual, commits an act of bankruptcy; or specifying the variation and the date on which the variation becomes effective. (e) being a body corporate, becomes externally administered; or if: 22. Notice of the variation under this clause need (f) the Australian Financial Security Authority believes not be sent separately and may be sent with the that the continued use of the credit facility may cause loss Customer’s statement of account or as part of any or damage to the Customer or the Australian Financial other correspondence. Security Authority; or (g) in the opinion of the Australian Financial Security Authority any change in circumstances, including, without limitation, changes in the Customer’s constitution, ownership, membership, control status or ability to provide security for payment of amounts which have or are likely to be charged to the credit facility, makes the continuance of the application undesirable or unsatisfactory; or (h) where one or more persons guarantee the Customer’s obligations under the credit facility — that person or those persons withdraws his, her or their guarantee. CA(P)0721 page 7 of 7
Notice of Intention to Remove Accession Prepare a blank form Personal Property Securities Act 2009 (Cth) (PPSA) section 95 Secured Party Details 1 If the security interest has been registered, the address must be the same as the address for service in the registration. Individual (including sole traders) Organisation Given names: Family name: Organisation name: Phone: Email: Mailing Address: City: State: Postcode: Country: a) Does the applicant have a business identifier/registration number: No (Go to part b if answer is No ) Yes ARSN ARBN ACN Number: b) Organisational identifier type: If the applicant is a partnership, body politic, or a trust with an ABN, please include the number Partnership Body Politic Trust ABN: c) Other: If neither a) or b) is applicable, fill in organisation name according to the requirement set out in Personal Property Securities Regulations 2010 Organisation name N17(P)0813 Page 1 of 4
Details of Accession The details of the Accession and the Whole should match the description provided in the security agreement that created the relevant security interests in that property. The Secured Party intends to remove the Accession: Please provide full name of Grantor: Please provide the description of the Accession: The described Accession will be removed from the other goods to which it is installed in or affixed to (the Whole): Grantor Name Serial Number: Details of Other Goods: which is subject to a security interest that - (a) was created arises or provided for in the security agreement dated on: (b) if perfected, was perfected on date; and (c) if perfected by registration, the registration number, which relates to the security interest in the Accession is: Giving of notice identifier (GONI) 2 Note: Insert N/A if not applicable. The Secured Party's GONI specified in the registration is: N17(P)0813 Page 2 of 4
3 Information (Complete those applicable) As at the date of this notice, the (a) amount of arrears due under the security agreement is: (b) amount of the Secured Party's expenses of seizing the collateral: (c) total amount due (amount of arrears (a) + Secure Party expenses (b); $ 0.00 (d) details of any other default, including unperformed obligations, under the security agreement are: Value of Accession 4 As at the date of this notice, the value of the Accession if the Accession were removed from the Whole is: Removal of Accession dd/mm/yyyy 5 The Secured Party intends to remove the Accession from the Whole after unless either of the following amounts are paid to the Secured Party on or before: (a) the amount secured (as stated in part 3): (b) the value of the Accession (as stated in part 4): Note: Unless the recipient of this notice has given written notice specifying a shorter period the date must be at least 10 business days after this notice is given. N17(P)0813 Page 3 of 4
Important information for recipient of notice Under section 96 of the PPSA, a person, other than the grantor, with an interest in the Whole of the goods may retain the Accession if the obligation in part 3 is performed or the value of the Accession (as at the time of payment) if it were removed from the other goods is paid to the secured party. Under section 97 of the PPSA, a person entitled to receive this notice can apply to a court to seek an order to postpone the removal of the accession or determine the amount payable to the secured party where the holder of a subordinate interest seeks to retain the accession. Before the Secured Party retains or disposes of the collateral, a person may be able to reinstate the security agreement pursuant to section 143 of the PPSA. You may wish to obtain professional advice about this notice. Print name: Organisation (if applicable): Position/Capacity (if applicable): Signature: Date: Additional Notes: If sending this notice to another Secured Party the GONI in respect of that party's registration should be included with this notice. National Service Centre, GPO Box 1944, Adelaide SA 5001 TELEPHONE 1300 007 777 EMAIL forms@ppsr.gov.au For further information on the PPSR concepts and definitions please go to the PPSR website at www.ppsr.gov.au or contact the National Service Centre. N17(P)0813 Page 4 of 4
FOR MORE INFORMATION NOTICE OF INTENTION please visit: ppsr.gov.au TO REMOVE ACCESSION or call 1300 007 777 Personal Property Securities Act 2009 (Cth) (PPSA) section 95 Section 1: Secured Party Details If the security interest has been registered, the address must a) Does the applicant have a business identifier/ be the same as the address for service in the registration: registration number? Individual (including sole trader) Organisation No (Go to Part B if answer is no) Y es Given name/s A RSN A RBN ACN Number: Family name b) Organisational identifier type: If the applicant is a partnership, body politic, or a trust Organisation name with an ABN, please include the number Partnership Body Politic Trust ABN: Phone Email c) Other: If neither a) or b) is applicable, fill in organisation name according to the requirement set out in Personal Properties Securities Regulations 2010 Mailing address Organisation name City State Postcode N17(P)0721 Country page 1 of 3
Notice of Intention to Remove Accession Details of Accession The described Accession will be removed from the other goods to which it is installed in or affixed to (the Whole): The details of the Accession and the Whole should match the description provided in the security agreement that Grantor Name created the relevant security interests in that property. The Secured Party intends to remove the Accession: Please provide full name of Grantor: Serial Number Please provide the description of the Accession: Details of Other Goods: which is subject to a security interest that: a) was created arises or provided for in the security agreement dated on: b) if perfected, was perfected on date; and c) if perfected by registration, the registration number, which relates to the security interest in the Accession is: Section 2: Giving of notice identifier (GONI) Note: Insert N/A if not applicable. The Secured Party’s GONI specified in the registration is: N17(P)0721 page 2 of 3
Notice of Intention to Remove Accession Section 3: Information Important information for recipient of notice (Complete those applicable) Under section 96 of the PPSA, a person, other than the grantor, with an interest in the Whole of the goods may As at the date of this notice, the retain the Accession if the obligation in part 3 is performed a) amount of arrears due under the security agreement is: or the value of the Accession (as at the time of payment) if it were removed from the other goods is paid to the secured party. Under section 97 of the PPSA, a person entitled to b) amount of the Secured Party’s expenses of seizing receive this notice can apply to a court to seek an order the collateral: to postpone the removal of the accession or determine the amount payable to the secured party where the holder of a subordinate interest seeks to retain the accession. Before the Secured Party retains or disposes of c) total amount due (amount of arrears (a) + Secured Party the collateral, a person may be able to reinstate the expenses (b); security agreement pursuant to section 143 of the PPSA. You may wish to obtain professional advice about this notice. d) details of any other default, including unperformed obligations, under the security agreement are: Name Organisation (if applicable) Position/Capacity (if applicable) Signature Date Section 4: Value of Accession As at the date of this notice, the value of the Accession Additional Notes: if the Accession were removed from the Whole is: If sending this notice to another Secured Party the GONI in respect of that party’s registration should be included with this notice. Section 5: Removal of Accession The Secured Party intends to remove the Accession from the Whole after AFSA contact information: Phone: 1300 007 777 unless either of the following amounts are paid to the Email: enquiries@ppsr.gov.au Secured Party on or before: For further information on the PPSR concepts a) the amount secured (as stated in part 3): and definitions please go to the PPSR website at ppsr.gov.au or contact the AFSA Service Centre. b) the value of the Accession (as stated in part 4): Note: Unless the recipient of this notice has given written notice specifying a shorter period the date must be at least N17(P)0721 10 business days after this notice is given. page 3 of 3
Notice of Intention to Dispose of Collateral Prepare a blank form Personal Property Securities Act 2009 (Cth) section 130 Secured Party Details 1 If the security interest has been registered, the address must be the same as the address for service in the registration. Individual (including sole traders) Organisation Given names: Family name: Organisation name: Phone: Email: Mailing Address: City: State: Postcode: Country: a) Does the applicant have a business identifier/registration number: No (Go to part b if answer is No ) Yes ARSN ARBN ACN Number: b) Organisational identifier type: If the applicant is a partnership, body politic, or a trust with an ABN, please include the number Partnership Body Politic Trust ABN: c) Other: If neither a) or b) is applicable, fill in organisation name according to the requirement set out in Personal Property Securities Regulations 2010 Organisation name The Secured Party has seized the collateral: (provide details) The details of the collateral should match the description provided in the security agreement that created the security interest in the property. Grantor Name: (if relevant) Serial Number: (if relevant) N15(P)0813 Page 1 of 4
Description of Collateral: Collateral is subject to a security interest that (Complete those applicable) (a) was created, arises or provided for in the security agreement dated: (b) if perfected, was perfected on date; and (c) if perfected by registration, the Registration number is: Giving of notice identifier (GONI) 2 Note: Insert N/A if not applicable. The Secured Party's GONI specified in the registration is: N15(P)0813 Page 2 of 4
Information (Complete those applicable) 3 As at the date of this notice, the (a) amount of arrears due under the security agreement is: (b) amount of the Secured Party's expenses of seizing the collateral is: (c) total amount due (amount of arrears (a) + Secured Party expenses (b)) is: $ 0.00 (d) details of any other default, including unperformed obligations, under the security agreement are: Disposal Details 4 The Secured Party intends to dispose of the collateral unless the obligation, or amount secured by it as stated in part 3 is performed or paid on or before: Note: Unless the recipient of this notice has given written notice specifying a shorter period, the date must be at least 10 business days after this notice is given. Disposal by purchase The Secured Party proposes to dispose of the collateral by purchasing it in accordance Yes No with section 129 of the PPSA. N15(P)0813 Page 3 of 4
Important Information for recipient of notice You may object to the Secured Party's proposal to dispose of the collateral by purchase under section 137 of the PPSA by giving the Secured Party a notice of objection before the end of the day stated in part 3. The notice of objection must be sent to the Secured Party's address stated in part 1. The giving of notice identifier, if provided, is to be included in any notice to the Secured Party. A person, other than the grantor, who gives a Secured Party a notice of objection, may, in accordance with section 138 of the PPSA, be requested by the Secured Party to provide proof of that person's interest. The person who made the objection must provide proof of the interest within 10 business days after the request is made. If the Secured Party named in part 1 receives a notice of objection by the end of the day in part 3, it must dispose the collateral in accordance with section 128 of the PPSA. The period stated in part 3 may be extended by order of a court under section 293 of the PPSA. Before the Secured Party retains or disposes of the collateral, a person may be able to reinstate the security agreement pursuant to section 143 of the PPSA. Unless agreed otherwise, before the Secured Party disposes of the collateral, a person with a security interest in the collateral or the grantor, may be able to redeem the collateral pursuant to section 142 of the PPSA. Note: The grantor's right to redeem the collateral has priority over any other person's right to redeem the collateral. You may wish to obtain professional advice about this notice. Print name: Organisation (if applicable): Position/Capacity (if applicable): Signature: Date: Additional Notes: (i) The notice requirements under section 130 of the PPSA are taken to be complied with if the requirements of section 102 of the National Credit Code have been complied with in the appropriate circumstances. (ii) If sending this notice to another Secured Party the GONI in respect of that party's registration should be included with this notice. National Service Centre, GPO Box 1944, Adelaide SA 5001 TELEPHONE 1300 007 777 EMAIL forms@ppsr.gov.au For further information on the PPSR concepts and definitions please go to the PPSR website at www.pprs.gov.au or contact the National Service Centre. N15(P)0813 Page 4 of 4
FOR MORE INFORMATION NOTICE OF INTENTION please visit: ppsr.gov.au TO DISPOSE OF COLLATERAL or call 1300 007 777 Personal Property Securities Act 2009 (Cth) (PPSA) section 130 Section 1: Secured Party Details If the security interest has been registered, the address must a) Does the applicant have a business identifier/ be the same as the address for service in the registration: registration number? Individual (including sole trader) Organisation No (Go to Part B if answer is no) Y es Given name/s A RSN A RBN ACN Number: Family name b) Organisational identifier type: If the applicant is a partnership, body politic, or a trust Organisation name with an ABN, please include the number Partnership Body Politic Trust ABN: Phone Email c) Other: If neither a) or b) is applicable, fill in organisation name according to the requirement set out in Personal Properties Securities Regulations 2010 Mailing address Organisation name The Secured Party has seized the collateral: (provide details) City The details of the collateral should match the description provided in the security agreement that created the security interest in the property. State Grantor Name: (if relevant) Postcode Serial Number: (if relevant) N15(P)0721 Country page 1 of 3
Notice of Intention to Dispose of Collateral Description of Collateral: Collateral is subject to a security interest that (Complete those applicable) a) was created arises or provided for in the security agreement dated on: b) if perfected, was perfected on date; and c) if perfected by registration, the registration number, which relates to the security interest in the Accession is: Section 2: Giving of notice identifier (GONI) Note: Insert N/A if not applicable. The Secured Party’s GONI specified in the registration is: N15(P)0721 page 2 of 3
Notice of Intention to Dispose of Collateral Section 3: Information A person, other than the grantor, who gives a Secured Party (Complete those applicable) a notice of objection, may, in accordance with section 138 of the PPSA, be requested by the Secured Party to provide As at the date of this notice, the proof of that person’s interest. The person who made the objection must provide proof of the interest within a) amount of arrears due under the security agreement is: 10 business days after the request is made. If the Secured Party named in part 1 receives a notice of objection by the end of the day in part 3, it must dispose b) amount of the Secured Party’s expenses of seizing the collateral in accordance with section 128 of the PPSA. the collateral: The period stated in part 3 may be extended by order of a court under section 293 of the PPSA. Before the Secured Party retains or disposes of the c) total amount due (amount of arrears (a) + Secured Party collateral, a person may be able to reinstate the security expenses (b); agreement pursuant to section 143 of the PPSA. Unless agreed otherwise, before the Secured Party disposes of the collateral, a person with a security interest in the collateral or the grantor, may be able to redeem d) details of any other default, including unperformed the collateral pursuant to section 142 of the PPSA. obligations, under the security agreement are: Note: The grantor’s right to redeem the collateral has priority over any other person’s right to redeem the collateral. You may wish to obtain professional advice about this notice. Name Organisation (if applicable) Position/Capacity (if applicable) Signature Section 4: Disposal Details The Secured Party intends to dispose of the collateral unless the obligation, or amount secured by it as stated in part 3 is performed or paid on or before: Date Note: Unless the recipient of this notice has given written notice specifying a shorter period, the date must be at Additional Notes: least 10 business days after this notice is given. The notice requirements under section 130 of the PPSA are taken to be complied with if the requirements of section Disposal by purchase 102 of the National Credit Code have been complied with The Secured Party proposes to dispose of the collateral by in the appropriate circumstances. (ii)If sending this notice to purchasing it in accordance with section 129 of the PPSA. another Secured Party the GONI in respect of that party’s registrationshould be included with this notice. Y es No Important information for recipient of notice You may object to the Secured Party’s proposal to dispose AFSA contact information: of the collateral by purchase under section 137 of the PPSA Phone: 1300 007 777 by giving the Secured Party a notice of objection before Email: enquiries@ppsr.gov.au the end of the day stated in part 3. The notice of objection must be sent to the Secured Party’s address stated in part 1. For further information on the PPSR concepts The giving of notice identifier, if provided, is to be included and definitions please go to the PPSR website at N15(P)0721 in any notice to the Secured Party. ppsr.gov.au or contact the AFSA Service Centre. page 3 of 3
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