Common use of Release of Security Interest Clause in Contracts

Release of Security Interest. 11.1 This general condition applies if any part of the property is subject to a security interest to which the Personal Property Securities Act 2009 (Cth) applies. 11.2 For the purposes of enabling the purchaser to search the Personal Property Securities Register for any security interests affecting any personal property for which the purchaser may be entitled to a release, statement, approval or correction in accordance with general condition 11.4, the purchaser may request the vendor to provide the vendor’s date of birth to the purchaser. The vendor must comply with a request made by the purchaser under this condition if the purchaser makes the request at least 21 days before the due date for settlement. 11.3 If the purchaser is given the details of the vendor’s date of birth under condition 11.2, the purchaser must (a) only use the vendor’s date of birth for the purposes specified in condition 11.2; and (b) keep the date of birth of the vendor secure and confidential. 11.4 The vendor must ensure that at or before settlement, the purchaser receives – (a) a release from the secured party releasing the property from the security interest; or (b) a statement in writing in accordance with section 275(1)(b) of the Personal Property Securities Act 2009 (Cth) setting out that the amount or obligation that is secured is nil at settlement; or (c) a written approval or correction in accordance with section 275(1)(c) of the Personal Property Securities Act 2009 (Cth) indicating that, on settlement, the personal property included in the contract is not or will not be property in which the security interest is granted. 11.5 Subject to general condition 11.6, the vendor is not obliged to ensure that the purchaser receives a release, statement, approval or correction in respect of personal property - (a) that – (i) the purchaser intends to use predominately for personal, domestic or household purposes; and (ii) has a market value of not more than $5000 or, if a greater amount has been prescribed for the purposes of section 47(1) of the Personal Property Securities Act 2009 (Cth), not more than that prescribed amount; or (b) that is sold in the ordinary course of the vendor’s business of selling personal property of that kind. 11.6 The vendor is obliged to ensure that the purchaser receives a release, statement, approval or correction in respect of personal property described in general condition 11.5 if - (a) the personal property is of a kind that may be described by a serial number in the Personal Property Securities Register; or (b) the purchaser has actual or constructive knowledge that the sale constitutes a breach of the security agreement that provides for the security interest. 11.7 A release for the purposes of general condition 11.4(a) must be in writing. 11.8 A release for the purposes of general condition 11.4(a) must be effective in releasing the goods from the security interest and be in a form which allows the purchaser to take title to the goods free of that security interest. 11.9 If the purchaser receives a release under general condition 11.4 (a) the purchaser must provide the vendor with a copy of the release at or as soon as practicable after settlement. 11.10 In addition to ensuring a release is received under general condition 11.4(a), the vendor must ensure that at or before settlement the purchaser receives a written undertaking from a secured party to register a financing change statement to reflect that release if the property being released includes goods of a kind that are described by serial number in the Personal Property Securities Register. 11.11 The purchaser must advise the vendor of any security interest that is registered on or before the day of sale on the Personal Property Securities Register, which the purchaser reasonably requires to be released, at least 21 days before the due date for settlement. 11.12 The vendor may delay settlement until 21 days after the purchaser advises the vendor of the security interests that the purchaser reasonably requires to be released if the purchaser does not provide an advice under general condition 11.11. 11.13 If settlement is delayed under general condition 11.12, the purchaser must pay the vendor - (a) interest from the due date for settlement until the date on which settlement occurs or 21 days after the vendor receives the advice, whichever is the earlier; and (b) any reasonable costs incurred by the vendor as a result of the delay - as though the purchaser was in default. 11.14 The vendor is not required to ensure that the purchaser receives a release in respect of the land. This general condition 11.14 applies despite general condition 11.1. 11.15 Words and phrases which are defined in the Personal Property Securities Act 2009 (Cth) have the same meaning in general condition 11 unless the context requires otherwise.

Appears in 5 contracts

Sources: Contract of Sale of Land, Contract of Sale of Land, Contract of Sale of Land

Release of Security Interest. 11.1 8.1 This general condition applies if any part of the property is subject to a security interest to which the Personal Property Securities Act 2009 (Cth) applies. 11.2 8.2 For the purposes of enabling the purchaser to search the Personal Property Securities Register for any security interests affecting any personal property for which the purchaser may be entitled to a release, statement, approval or correction in accordance with general condition 11.48.4, the purchaser may request the vendor to provide the vendor’s date of birth to the purchaser. The vendor must comply with a request made by the purchaser under this condition if the purchaser makes the request at least 21 days before the due date for settlement. 11.3 8.3 If the purchaser is given the details of the vendor’s date of birth under condition 11.28.2, the purchaser mustmust – (a) only Only use the vendor’s date of birth for the purposes specified in condition 11.28.2; and (b) keep Keep the date of birth of the vendor secure and confidential. 11.4 8.4 The vendor must ensure that at or before settlement, the purchaser receives – (a) a release from the secured party releasing the property from the security interest; or (b) a statement in writing in accordance with section 275(1)(b) of the Personal Property Securities Act 2009 (Cth) setting out that the amount or obligation that is secured is nil at settlement; or (c) a written approval or correction in accordance with section 275(1)(c) of the Personal Property Securities Act 2009 (Cth) indicating that, on settlement, the personal property included in the contract is not or will not be property in which the security interest is granted. 11.5 8.5 Subject to general condition 11.68.6, the vendor is not obliged to ensure that the purchaser receives a release, statement, approval or correction in respect of personal property - (a) that - (i) the purchaser intends to use predominately predominantly for personal, domestic or household purposes; and (ii) has a market value of not more than $5000 or, if a greater amount has been prescribed for the purposes of section 47(1) of the Personal Property Securities Act 2009 (Cth), not more than that prescribed amount; or (b) that is sold in the ordinary course of the vendor’s business of selling personal property of that kind. 11.6 8.6 The vendor is obliged to ensure that the purchaser receives a release, statement, approval or correction in respect of personal property described in general condition 11.5 8.5 if - (a) the personal property is of a kind that may or must be described by a serial number in the Personal Property Securities Register; or (b) the purchaser has actual or constructive knowledge that the sale constitutes a breach of the security agreement that provides for the security interest. 11.7 8.7 A release for the purposes of general condition 11.4(a8.4(a) must be in writing. 11.8 8.8 A release for the purposes of general condition 11.4(a8.4 (a) must be effective in releasing the goods from the security interest and be in a form which allows the purchaser to take title to the goods free of that security interest. 11.9 8.9 If the purchaser receives a release under general condition 11.48.4 (a) the purchaser must provide the vendor with a copy of the release at or as soon as practicable after settlement. 11.10 8.10 In addition to ensuring that a release is received under general condition 11.4(a8.4(a), the vendor must ensure that at or before settlement the purchaser receives a written undertaking from a secured party to register a financing change statement to reflect that release if the property being released includes goods of a kind that are described by serial number in the Personal Property Securities Register. 11.11 8.11 The purchaser must advise the vendor of any security interest that is registered on or before the day of sale on the Personal Property Securities Properties Security Register, which the purchaser reasonably requires to be released, at least 21 days before the due date for settlement. 11.12 8.12 The vendor may delay settlement until 21 days after the purchaser advises the vendor of the security interests that the purchaser reasonably requires to be released if the purchaser does not provide an advice under general condition 11.118.11. 11.13 8.13 If settlement is delayed under general condition 11.12, 8.12 the purchaser must pay the vendor - (a) interest from the due date for settlement until the date on which settlement occurs or 21 days after the vendor receives the advice, whichever is the earlier; and (b) any reasonable costs incurred by the vendor as a result of the delay - as though the purchaser was in default. 11.14 8.14 The vendor is not required to ensure that the purchaser receives a release in respect of the land. This general condition 11.14 8.14 applies despite general condition 11.18.1. 11.15 8.15 Words and phrases which are defined in the Personal Property Securities Act 2009 (Cth) have the same meaning in general condition 11 8 unless the context requires otherwise.

Appears in 5 contracts

Sources: Contract of Sale of Real Estate, Contract of Sale of Land, Contract of Sale of Real Estate

Release of Security Interest. 11.1 7.1 This general condition applies if any part of the property is subject to a security interest to which the Personal Property Securities Act 2009 (Cth) applies. 11.2 7.2 For the purposes of enabling the purchaser to search the Personal Property Securities Register for any security interests affecting any personal property for which the purchaser may be entitled to a release, statement, approval or correction in accordance with general condition 11.47.4, the purchaser may request the vendor to provide the vendor’s date of birth to the purchaser. The vendor must comply with a request made by the purchaser under this condition if the purchaser makes the request at least 21 days before the due date for settlement. 11.3 7.3 If the purchaser is given the details of the vendor’s date of birth under condition 11.27.2, the purchaser mustmust - (a) only use the vendor’s date of birth for the purposes specified in condition 11.27.2; and (b) keep the date of birth of the vendor secure and confidential. 11.4 7.4 The vendor must ensure that at or before settlement, the purchaser receives –receives— (a) a release from the secured party releasing the property from the security interest; or (b) a statement in writing in accordance with section 275(1)(b) of the Personal Property Securities Act 2009 (Cth) setting out that the amount or obligation that is secured is nil at settlement; or (c) a written approval or correction in accordance with section 275(1)(c) of the Personal Property Securities Act 2009 (Cth) indicating that, on settlement, the personal property included in the contract is not or will not be property in which the security interest is granted. 11.5 7.5 Subject to general condition 11.6, 7.6. the vendor is not obliged to ensure that the purchaser receives a release, statement, approval or correction in respect of any personal property - (a) that – (i) the purchaser intends to use predominately predominantly for personal, domestic or household purposes; and (ii) has a market value of not more than $5000 or, if a greater amount has been prescribed for the purposes of section 47(1) of the Personal Property Securities Act 2009 (Cth)) , not more than that prescribed amount; or (b) that is sold in the ordinary course of the vendor’s business of selling personal property of that kind. 11.6 7.6 The vendor is obliged to ensure that the purchaser receives a release, statement, approval or correction in respect of personal property described in general condition 11.5 7.5 if - (a) the personal property is of a kind that may or must be described by a serial number in the Personal Property Securities Register; or (b) the purchaser has actual or constructive knowledge that the sale constitutes a breach of the security agreement that provides for the security interest. 11.7 7.7 A release for the purposes of general condition 11.4(a7.4(a) must be in writing. 11.8 7.8 A release for the purposes of general condition 11.4(a7.4(a) must be effective in releasing the goods from the security interest and be in a form which allows the purchaser to take title to the goods free of that security interest. 11.9 7.9 If the purchaser receives a release under general condition 11.4 (a) 7.4(a), the purchaser must provide the vendor with a copy of the release at or as soon as practicable after settlement. 11.10 7.10 In addition to ensuring a release is received under general condition 11.4(a7.4(a), the vendor must ensure that at or before settlement the purchaser receives a written undertaking from a secured party to register a financing change statement to reflect that release if the property being released includes goods of a kind that are described by serial number in the Personal Property Securities Register. 11.11 7.11 The purchaser must advise the vendor of any security interest that is registered on or before the day of sale on the Personal Property Properties Securities Register, which the purchaser reasonably requires to be released, at least 21 days before the due date for settlement. 11.12 7.12 The vendor may delay settlement until 21 days after the purchaser advises the vendor of the security interests that the purchaser reasonably requires to be released if the purchaser does not provide an advice under general condition 11.117.11. 11.13 7.13 If settlement is delayed under general condition 11.127.12, the purchaser must pay the vendor -vendor— (a) interest from the due date for settlement until the date on which settlement occurs or 21 days after the vendor receives the advice, whichever is the earlier; and (b) any reasonable costs incurred by the vendor as a result of the delay - delay— as though the purchaser was in default. 11.14 7.14 The vendor is not required to ensure that the purchaser receives a release in respect of the land. This general condition 11.14 7.14 applies despite general condition 11.17.1. 11.15 7.15 Words and phrases which are defined in the Personal Property Securities Act 2009 (Cth) have the same meaning in general condition 11 7 unless the context requires otherwise.

Appears in 4 contracts

Sources: Contract of Sale, Contract of Sale of Real Estate, Contract of Sale of Real Estate

Release of Security Interest. 11.1 7.1 This general condition applies if any part of the property is subject to a security interest to which the Personal Property Securities Act 2009 (Cth) applies. 11.2 7.2 For the purposes of enabling the purchaser to search the Personal Property Securities Register for any security interests affecting any personal property for which the purchaser may be entitled to a release, statement, approval or correction in accordance with general condition 11.47.4, the purchaser may request the vendor to provide the vendor’s 's date of birth to the purchaser. The vendor must comply with a request made by the purchaser under this condition if the purchaser makes the request at least 21 days before the due date for settlement. 11.3 7.3 If the purchaser is given the details of the vendor’s 's date of birth under condition 11.27.2, the purchaser must: (a) only use the vendor’s 's date of birth for the purposes specified in condition 11.27.2; and (b) keep the date of birth of the vendor secure and confidential. 11.4 7.4 The vendor must ensure that at or before settlement, the purchaser receives –receives: (a) a release from the secured party releasing the property from the security interest; or (b) a statement in writing in accordance with section 275(1)(b) of the Personal Property Securities Act 2009 (Cth) setting out that the amount or obligation that is secured is nil at settlement; or (c) a written approval or correction in accordance with section 275(1)(c) of the Personal Property Securities Act 2009 (Cth) indicating that, on settlement, the personal property included in the contract is not or will not be property in which the security interest is granted. 11.5 7.5 Subject to general condition 11.67.6, the vendor is not obliged to ensure that the purchaser receives a release, statement, approval or correction in respect of personal property -property: (a) that –that: (i) the purchaser intends to use predominately predominantly for personal, domestic or household purposes; and (ii) has a market value of not more than $5000 or, if a greater amount has been prescribed for the purposes of section 47(1) of the Personal Property Securities Act 2009 (Cth), not more than that prescribed amount; or (b) that is sold in the ordinary course of the vendor’s 's business of selling personal property of that kind. 11.6 7.6 The vendor is obliged to ensure that the purchaser receives a release, statement, approval or correction in respect of personal property described in general condition 11.5 if -7.5 if: (a) the personal property is of a kind that may or must be described by a serial number in the Personal Property Securities Register; or (b) the purchaser has actual or constructive knowledge that the sale constitutes a breach of the security agreement that provides for the security interest. 11.7 7.7 A release for the purposes of general condition 11.4(a7.4(a) must be in writing. 11.8 7.8 A release for the purposes of general condition 11.4(a7.4 (a) must be effective in releasing the goods from the security interest and be in a form which allows the purchaser to take title to the goods free of that security interest. 11.9 7.9 If the purchaser receives a release under general condition 11.47.4 (a) the purchaser must provide the vendor with a copy of the release at or as soon as practicable after settlement. 11.10 7.10 In addition to ensuring that a release is received under general condition 11.4(a7.4(a), the vendor must ensure that at or before settlement the purchaser receives a written undertaking from a secured party to register a financing change statement to reflect that release if the property being released includes goods of a kind that are described by serial number in the Personal Property Securities Register. 11.11 7.11 The purchaser must advise the vendor of any security interest that is registered on or before the day of sale on the Personal Property Properties Securities Register, which the purchaser reasonably requires to be released, at least 21 days before the due date for settlement. 11.12 7.12 The vendor may delay settlement until 21 days after the purchaser advises the vendor of the security interests that the purchaser reasonably requires to be released if the purchaser does not provide an advice under general condition 11.117.11. 11.13 7.13 If settlement is delayed under general condition 11.12, 7.12 the purchaser must pay the vendor -vendor— (a) interest from the due date for settlement until the date on which settlement occurs or 21 days after the vendor receives the advice, whichever is the earlier; and (b) any reasonable costs incurred by the vendor as a result of the delay - delay— as though the purchaser was in default. 11.14 7.14 The vendor is not required to ensure that the purchaser receives a release in respect of the land. This general condition 11.14 7.14 applies despite general condition 11.17.1. 11.15 7.15 Words and phrases which are defined in the Personal Property Securities Act 2009 (Cth) have the same meaning in general condition 11 7 unless the context requires otherwise.

Appears in 3 contracts

Sources: Contract of Sale of Real Estate, Contract of Sale of Real Estate, Contract of Sale of Real Estate

Release of Security Interest. 11.1 8.1 This general condition applies if any part of the property is subject to a security interest to which the Personal Property Securities Act 2009 (Cth) applies. 11.2 8.2 For the purposes of enabling the purchaser to search the Personal Property Securities Register for any security interests affecting any personal property for which the purchaser may be entitled to a release, statement, approval or correction in accordance with general condition 11.48.4, the purchaser may request the vendor to provide the vendor’s date of birth to the purchaser. The vendor must comply with a request made by the purchaser under this condition if the purchaser makes the request at least 21 days before the due date for settlement. 11.3 8.3 If the purchaser is given the details of the vendor’s date of birth under condition 11.28.2, the purchaser must (a) only must – Only use the vendor’s date of birth for the purposes specified in condition 11.28.2; and (b) keep and Keep the date of birth of the vendor secure and confidential. 11.4 8.4 The vendor must ensure that at or before settlement, the purchaser receives – (a) a release from the secured party releasing the property from the security interest; or (b) a statement in writing in accordance with section 275(1)(b) of the Personal Property Securities Act 2009 (Cth) setting out that the amount or obligation that is secured is nil at settlement; or (c) or a written approval or correction in accordance with section 275(1)(c) of the Personal Property Securities Act 2009 (Cth) indicating that, on settlement, the personal property included in the contract is not or will not be property in which the security interest is granted. 11.5 8.5 Subject to general condition 11.68.6, the vendor is not obliged to ensure that the purchaser receives a release, statement, approval or correction in respect of personal property - (a) that – (i) - the purchaser intends to use predominately predominantly for personal, domestic or household purposes; and (ii) and has a market value of not more than $5000 or, if a greater amount has been prescribed for the purposes of section 47(1) of the Personal Property Securities Act 2009 (Cth), not more than that prescribed amount; or (b) or that is sold in the ordinary course of the vendor’s business of selling personal property of that kind. 11.6 8.6 The vendor is obliged to ensure that the purchaser receives a release, statement, approval or correction in respect of personal property described in general condition 11.5 8.5 if - (a) the personal property is of a kind that may or must be described by a serial number in the Personal Property Securities Register; or (b) or the purchaser has actual or constructive knowledge that the sale constitutes a breach of the security agreement that provides for the security interest. 11.7 8.7 A release for the purposes of general condition 11.4(a8.4(a) must be in writing. 11.8 8.8 A release for the purposes of general condition 11.4(a8.4 (a) must be effective in releasing the goods from the security interest and be in a form which allows the purchaser to take title to the goods free of that security interest. 11.9 8.9 If the purchaser receives a release under general condition 11.48.4 (a) the purchaser must provide the vendor with a copy of the release at or as soon as practicable after settlement. 11.10 8.10 In addition to ensuring that a release is received under general condition 11.4(a8.4(a), the vendor must ensure that at or before settlement the purchaser receives a written undertaking from a secured party to register a financing change statement to reflect that release if the property being released includes goods of a kind that are described by serial number in the Personal Property Securities Register. 11.11 8.11 The purchaser must advise the vendor of any security interest that is registered on or before the day of sale on the Personal Property Securities Properties Security Register, which the purchaser reasonably requires to be released, at least 21 days before the due date for settlement. 11.12 8.12 The vendor may delay settlement until 21 days after the purchaser advises the vendor of the security interests that the purchaser reasonably requires to be released if the purchaser does not provide an advice under general condition 11.118.11. 11.13 8.13 If settlement is delayed under general condition 11.12, 8.12 the purchaser must pay the vendor - (a) interest from the due date for settlement until the date on which settlement occurs or 21 days after the vendor receives the advice, whichever is the earlier; and (b) any reasonable costs incurred by the vendor as a result of the delay - as though the purchaser was in default. 11.14 8.14 The vendor is not required to ensure that the purchaser receives a release in respect of the land. This general condition 11.14 8.14 applies despite general condition 11.18.1. 11.15 8.15 Words and phrases which are defined in the Personal Property Securities Act 2009 (Cth) have the same meaning in general condition 11 8 unless the context requires otherwise.

Appears in 3 contracts

Sources: Contract of Sale of Real Estate, Contract of Sale of Real Estate, Contract of Sale of Real Estate

Release of Security Interest. 11.1 10.1 This general condition applies if any part of the property is subject to a security interest to which the Personal Property Securities Act 2009 (Cth) applies.the 11.2 10.2 For the purposes of enabling the purchaser to search the Personal Property Securities Register for any security interests affecting any personal property for which the purchaser may be entitled to a release, statement, approval or correction in accordance with general condition 11.410.4, the purchaser may request the vendor to provide the vendor’s date of birth to the purchaser. The vendor must comply with a request made by the purchaser under this condition if the purchaser makes the request at least 21 days before the due date for settlement. 11.3 10.3 If the purchaser is given the details of the vendor’s date of birth under general condition 11.210.2, the purchaser must (a) only use the vendor’s date of birth for the purposes specified in general condition 11.210.2; and (b) keep the date of birth of the vendor secure and confidential. 11.4 10.4 The vendor must ensure that at or before settlement, the purchaser receives –receives— (a) a release from the secured party releasing the property from the security interest; or (b) a statement in writing in accordance with section 275(1)(b) of the Personal Property Securities Act 2009 (Cth) setting out that the amount or obligation that is secured is nil at settlement; or (c) a written approval or correction in accordance with section 275(1)(c) of the Personal Property Securities Act 2009 (Cth) indicating that, on settlement, the personal property included in the contract is not or will not be property in which the security interest is granted. 11.5 10.5 Subject to general condition 11.610.6, the vendor is not obliged to ensure that the purchaser receives a release, statement, approval or correction in respect of personal property -property— (a) that –that— (i) the purchaser intends to use predominately predominantly for personal, domestic or household purposes; and (ii) has a market value of not more than $5000 or, if a greater amount has been prescribed for the purposes of section 47(1) of the Personal Property Securities Act 2009 (Cth), not more than that prescribed amount; or (b) that is sold in the ordinary course of the vendor’s business of selling personal property of that kind. 11.6 10.6 The vendor is obliged to ensure that the purchaser receives a release, statement, approval or correction in respect of personal property described in general condition 11.5 if -10.5 if— (a) the personal property is of a kind that may or must be described by a serial number in the Personal Property Securities Register; or (b) the purchaser has actual or constructive knowledge that the sale constitutes a breach of the security agreement that provides for the security interest. 11.7 10.7 A release for the purposes of general condition 11.4(a10.4(a) must be in writing. 11.8 10.8 A release for the purposes of general condition 11.4(a10.4 (a) must be effective in releasing the goods from the security interest and be in a form which allows the purchaser to take title to the goods free of that security interest. 11.9 10.9 If the purchaser receives a release under general condition 11.410.4 (a) the purchaser must provide the vendor with a copy of the release at or as soon as practicable after settlement. 11.10 10.10 In addition to ensuring that a release is received under general condition 11.4(a10.4(a), the vendor must ensure that at or before settlement the purchaser receives a written undertaking from a secured party to register a financing change statement to reflect that release if the property being released includes goods of a kind that are described by serial number in the Personal Property Securities Register. 11.11 10.11 The purchaser must advise the vendor of any security interest that is registered on or before the day of sale on the Personal Property Securities Register, which the purchaser reasonably requires to be released, at least 21 days before the due date for settlement. 11.12 10.12 The vendor may delay settlement until 21 days after the purchaser advises the vendor of the security interests that the purchaser reasonably requires to be released if the purchaser does not provide an advice under general condition 11.1110.11. 11.13 10.13 If settlement is delayed under general condition 11.12, 10.12 the purchaser must pay the vendor -vendor— (a) interest from the due date for settlement until the date on which settlement occurs or 21 days after the vendor receives the advice, whichever is the earlier; and (b) any reasonable costs incurred by the vendor as a result of the delay - delay— as though the purchaser was in default. 11.14 10.14 The vendor is not required to ensure that the purchaser receives a release in respect of the land. This general condition 11.14 10.14 applies despite general condition 11.110.1. 11.15 10.15 Words and phrases which are defined in the Personal Property Securities Act 2009 (Cth) have the same meaning in general condition 11 10 unless the context requires otherwise.

Appears in 3 contracts

Sources: Contract of Sale of Land, Contract of Sale of Land, Contract of Sale of Land

Release of Security Interest. 11.1 This general condition applies if any part of the property is subject to a security interest to which the Personal Property Securities Act 2009 (Cth) applies.the 11.2 For the purposes of enabling the purchaser to search the Personal Property Securities Register for any security interests affecting any personal property for which the purchaser may be entitled to a release, statement, approval or correction in accordance with general condition 11.4, the purchaser may request the vendor to provide the vendor’s date of birth to the purchaser. The vendor must comply with a request made by the purchaser under this condition if the purchaser makes the request at least 21 days before the due date for settlement. 11.3 If the purchaser is given the details of the vendor’s date of birth under general condition 11.2, the purchaser must (a) only use the vendor’s date of birth for the purposes specified in general condition 11.2; and (b) keep the date of birth of the vendor secure and confidential. 11.4 The vendor must ensure that at or before settlement, the purchaser receives –receives— (a) a release from the secured party releasing the property from the security interest; or (b) a statement in writing in accordance with section 275(1)(b) of the Personal Property Securities Act 2009 (Cth) setting out that the amount or obligation that is secured is nil at settlement; or (c) a written approval or correction in accordance with section 275(1)(c) of the Personal Property Securities Act 2009 (Cth) indicating that, on settlement, the personal property included in the contract is not or will not be property in which the security interest is granted. 11.5 Subject to general condition 11.6, the vendor is not obliged to ensure that the purchaser receives a release, statement, approval or correction in respect of personal property -property— (a) that –that— (i) the purchaser intends to use predominately predominantly for personal, domestic or household purposes; and (ii) has a market value of not more than $5000 or, if a greater amount has been prescribed for the purposes of section 47(1) of the Personal Property Securities Act 2009 (Cth), not more than that prescribed amount; or (b) that is sold in the ordinary course of the vendor’s business of selling personal property of that kind. 11.6 The vendor is obliged to ensure that the purchaser receives a release, statement, approval or correction in respect of personal property described in general condition 11.5 if -if— (a) the personal property is of a kind that may or must be described by a serial number in the Personal Property Securities Register; or (b) the purchaser has actual or constructive knowledge that the sale constitutes a breach of the security agreement that provides for the security interest. 11.7 A release for the purposes of general condition 11.4(a) must be in writing. 11.8 A release for the purposes of general condition 11.4(a) must be effective in releasing the goods from the security interest and be in a form which allows the purchaser to take title to the goods free of that security interest. 11.9 If the purchaser receives a release under general condition 11.4 (a) the purchaser must provide the vendor with a copy of the release at or as soon as practicable after settlement. 11.10 In addition to ensuring that a release is received under general condition 11.4(a), the vendor must ensure that at or before settlement the purchaser receives a written undertaking from a secured party to register a financing change statement to reflect that release if the property being released includes goods of a kind that are described by serial number in the Personal Property Securities Register. 11.11 The purchaser must advise the vendor of any security interest that is registered on or before the day of sale on the Personal Property Securities Register, which the purchaser reasonably requires to be released, at least 21 days before the due date for settlement. 11.12 The vendor may delay settlement until 21 days after the purchaser advises the vendor of the security interests that the purchaser reasonably requires to be released if the purchaser does not provide an advice under general condition 11.11. 11.13 If settlement is delayed under general condition 11.12, 11.12 the purchaser must pay the vendor -vendor— (a) interest from the due date for settlement until the date on which settlement occurs or 21 days after the vendor receives the advice, whichever is the earlier; and (b) any reasonable costs incurred by the vendor as a result of the delay - delay— as though the purchaser was in default. 11.14 The vendor is not required to ensure that the purchaser receives a release in respect of the land. This general condition 11.14 applies despite general condition 11.1. 11.15 Words and phrases which are defined in the Personal Property Securities Act 2009 (Cth) have the same meaning in general condition 11 unless the context requires otherwise.

Appears in 3 contracts

Sources: Contract of Sale of Land, Contract of Sale of Real Estate, Contract of Sale of Land

Release of Security Interest. 11.1 This general condition applies if any part of the property is subject to a security interest to which the Personal Property Securities Act 2009 (Cth) applies. 11.2 For the purposes of enabling the purchaser to search the Personal Property Securities Register for any security interests affecting any personal property for which the purchaser may be entitled to a release, statement, approval or correction in accordance with general condition 11.4, the purchaser may request the vendor to provide the vendor’s date of birth to the purchaser. The vendor must comply with a request made by the purchaser under this condition if the purchaser makes the request at least 21 days before the due date for settlement. 11.3 If the purchaser is given the details of the vendor’s date of birth under condition 11.2, the purchaser must (a) only use the vendor’s date of birth for the purposes specified in condition 11.2; and (b) keep the date of birth of the vendor secure and confidential. 11.4 The vendor must ensure that at or before settlement, the purchaser receives – (a) a release from the secured party releasing the property from the security interest; or (b) a statement in writing in accordance with section 275(1)(b) of the Personal Property Securities Act 2009 (Cth) setting out that the amount or obligation that this is secured is nil at settlement; or (c) a written approval or correction in accordance with section 275(1)(c) of the Personal Property Securities Act 2009 (Cth) indicating that, on settlement, the personal property included in the contract is not or will not be property in which the security interest is granted. 11.5 Subject to general condition 11.6, the vendor is not obliged to ensure that the purchaser receives a release, statement, approval or correction in respect of personal property - (a) that – (i) the purchaser intends to use predominately for personal, domestic or household purposes; and (ii) has a market value of not more than $5000 or, if a greater amount has been prescribed for the purposes of section 47(1) of the Personal Property Securities Act 2009 (Cth), not more than that prescribed amount; or (b) that is sold in the ordinary course of the vendor’s business of selling personal property of that kind. 11.6 The vendor is obliged to ensure that the purchaser receives a release, statement, approval or correction in respect of personal property described in general condition 11.5 if - (a) the personal property is of a kind that may be described by a serial number in the Personal Property Securities Register; or (b) the purchaser has actual or constructive knowledge that the sale constitutes a breach of the security agreement that provides for the security interest. 11.7 A release for the purposes of general condition 11.4(a) must be in writing. 11.8 A release for the purposes of general condition 11.4(a) must be effective in releasing the goods from the security interest and be in a form which allows the purchaser to take title to the goods free of that security interest. 11.9 If the purchaser receives a release under general condition 11.4 (a11.4(a) the purchaser must provide the vendor with a copy of the release at or as soon as practicable after settlement. 11.10 In addition to ensuring a release is received under general condition 11.4(a), the vendor must ensure that at or before settlement the purchaser receives a written undertaking from a secured party to register a financing change statement to reflect that release if the property being released includes goods of a kind that are described by serial number in the Personal Property Securities Register. 11.11 The purchaser must advise the vendor of any security interest that is registered on or before the day of sale on the Personal Property Securities Register, which the purchaser reasonably requires to be released, at least 21 days before the due date for settlement. 11.12 The vendor may delay settlement until 21 days after the purchaser advises the vendor of the security interests that the purchaser reasonably requires to be released if the purchaser does not provide an advice under general condition 11.11. 11.13 If settlement is delayed under general condition 11.12, the purchaser must pay the vendor - (a) interest from the due date for settlement until the date on which settlement occurs or 21 days after the vendor receives the advice, whichever is the earlier; and (b) any reasonable costs incurred by the vendor as a result of the delay - as though the purchaser was in default. 11.14 The vendor is not required to ensure that the purchaser receives a release in respect of the land. This general condition 11.14 applies despite general condition 11.1. 11.15 Words and phrases which are defined in the Personal Property Securities Act 2009 (Cth) have the same meaning in general condition 11 unless the context requires otherwise.

Appears in 2 contracts

Sources: Contract of Sale of Land, Contract of Sale of Land

Release of Security Interest. 11.1 7.1 This general condition applies if any part of the property is subject to a security interest to which the Personal Property Securities Act 2009 (Cth) applies. 11.2 For the purposes of enabling the purchaser 7.2 Subject to search the Personal Property Securities Register for any security interests affecting any personal property for which the purchaser may be entitled to a release, statement, approval or correction in accordance with general condition 11.4conditions 7.3 and 7.4, the purchaser may request the vendor to provide the vendor’s date of birth to the purchaser. The vendor must comply with a request made by the purchaser under this condition if the purchaser makes the request at least 21 days before the due date for settlement. 11.3 If the purchaser is given the details of the vendor’s date of birth under condition 11.2, the purchaser must (a) only use the vendor’s date of birth for the purposes specified in condition 11.2; and (b) keep the date of birth of the vendor secure and confidential. 11.4 The vendor must ensure that at or before settlement, the purchaser receives –receives— (a) a release from the secured party releasing the property from security interest in respect of the security interestproperty; or (b) a statement in writing in accordance with section 275(1)(b) of the Personal Property Securities Act 2009 (Cth) setting out that the amount or obligation that is secured is nil at the due date for settlement; or (c) a written approval or correction in accordance with section 275(1)(c) of the Personal Property Securities Act 2009 (Cth) indicating that, on the due date for settlement, the personal property included in the contract is not or will not be property in which the security interest is granted— if the security interest is registered in the Personal Property Securities Register. 11.5 Subject to general condition 11.6, the 7.3 The vendor is not obliged to ensure that the purchaser receives a release, statement, approval or correction in respect of any personal property -that is sold in the ordinary course of the vendor's business of selling personal property of that kind unless, in the case of goods that may or must be described by serial number in the Personal Property Securities Register, the purchaser advises the vendor at least 21 days before the due date for settlement that the goods are to be held as inventory. 7.4 The vendor is not obliged to ensure that the purchaser receives a release, statement, approval or correction in respect of any personal property that— (a) that –is not described by serial number in the Personal Property Securities Register; and (ib) the purchaser intends to use predominately is predominantly used for personal, domestic or household purposes; and (iic) has a market value of not more than $5000 or, if a greater amount has been prescribed for the purposes of section 47(1) of the Personal Property Securities Act 2009 (Cth)) , not more than that prescribed amount; or (b) that is sold in the ordinary course of the vendor’s business of selling personal property of that kind. 11.6 The vendor is obliged to ensure that the purchaser receives a release, statement, approval or correction in respect of personal property described in general condition 11.5 if - (a) the personal property is of a kind that may be described by a serial number in the Personal Property Securities Register; or (b) the purchaser has actual or constructive knowledge that the sale constitutes a breach of the security agreement that provides for the security interest. 11.7 7.5 A release for the purposes of general condition 11.4(a7.2(a) must be in writing. 11.8 A release for the purposes of general condition 11.4(a) must be effective in releasing the goods from the security interest writing and be in a form which allows published by the purchaser to take title to Law Institute of Victoria, Law Council of Australia or the goods free of that security interestAustralian Bankers Association. 11.9 7.6 If the purchaser receives a release under general condition 11.4 (a) 7.2(a), the purchaser must provide the vendor with a copy of the release at or as soon as practicable after settlement. 11.10 7.7 In addition to ensuring a release is received under general condition 11.4(a7.2(a), the vendor must ensure that at or before settlement the purchaser receives a written undertaking from a secured party to register a financing change statement to reflect that release if the property being released includes goods of a kind that are described by serial number in the Personal Property Securities Register. 11.11 7.8 The purchaser must advise the vendor of any security interest that is registered on or before the day of sale on the Personal Property Securities Register, which the purchaser reasonably requires to be released, released at least 21 days before the due date for settlement. 11.12 The 7.9 If the purchaser does not provide an advice under general condition 7.8, the vendor may delay settlement until 21 days after the purchaser advises the vendor of the security interests that the purchaser reasonably requires to be released if the purchaser does not provide an advice under general condition 11.11released. 11.13 7.10 If settlement is delayed under general condition 11.127.9, the purchaser must pay the vendor -vendor— (a) interest from the due date for settlement until the date on which settlement occurs or 21 days after the vendor receives the advice, whichever is the earlier; and (b) any reasonable costs incurred by the vendor as a result of the delay - delay— as though the purchaser was in default. 11.14 The vendor is not required to ensure that the purchaser receives a release in respect of the land. This general condition 11.14 applies despite general condition 11.1. 11.15 7.11 Words and phrases used in general condition 7 which are defined in the Personal Property Securities Act 2009 (Cth) have the same meaning in general condition 11 unless the context requires otherwise7.

Appears in 2 contracts

Sources: Contract of Sale of Real Estate, Contract of Sale of Real Estate

Release of Security Interest. 11.1 This general condition applies if any part of the property is subject to a security interest to which the Personal Property Securities Act 2009 ▇▇▇ ▇▇▇▇ (Cth) applies. 11.2 For the purposes of enabling the purchaser to search the Personal Property Securities Register for any security interests affecting any personal property for which the purchaser may be entitled to a release, statement, approval or correction in accordance with general condition 11.4, the purchaser may request the vendor to provide the vendor’s 's date of birth to the purchaser. The vendor must comply with a request made by the purchaser under this condition if the purchaser makes the request at least 21 days before the due date for settlement. 11.3 If the purchaser is given the details of the vendor’s 's date of birth under condition 11.2, the purchaser must: (a) only use the vendor’s 's date of birth for the purposes specified in condition 11.2; and (b) keep the date of birth of the vendor secure and confidential. 11.4 The vendor must ensure that at or before settlement, the purchaser receives –receives: (a) a release from the secured party releasing the property from the security interest; or (b) a statement in writing in accordance with section 275(1)(b) of the Personal Property Securities Act 2009 (Cth) setting out that the amount or obligation that is secured is nil at settlement; or (c) a written approval or correction in accordance with section 275(1)(c) of the Personal Property Securities Act 2009 ▇▇▇ ▇▇▇▇ (Cth) indicating that, on settlement, the personal property included in the contract is not or will not be property in which the security interest is granted. 11.5 Subject to general condition 11.6, the vendor is not obliged to ensure that the purchaser receives a release, statement, approval or correction in respect of personal property -property: (a) that –that: (i) the purchaser intends to use predominately predominantly for personal, domestic or household purposes; and (ii) has a market value of not more than $5000 or, if a greater amount has been prescribed for the purposes of section 47(1) of the Personal Property Securities Act 2009 (Cth), not more than that prescribed amount; or (b) that is sold in the ordinary course of the vendor’s 's business of selling personal property of that kind. 11.6 The vendor is obliged to ensure that the purchaser receives a release, statement, approval or correction in respect of personal property described in general condition 11.5 if -if: (a) the personal property is of a kind that may or must be described by a serial number in the Personal Property Securities Register; or (b) the purchaser has actual or constructive knowledge that the sale constitutes a breach of the security agreement that provides for the security interest. 11.7 A release for the purposes of general condition 11.4(a) must be in writing. 11.8 A release for the purposes of general condition 11.4(a) must be effective in releasing the goods from the security interest and be in a form which allows the purchaser to take title to the goods free of that security interest. 11.9 If the purchaser receives a release under general condition 11.4 (a) the purchaser must provide the vendor with a copy of the release at or as soon as practicable after settlement. 11.10 In addition to ensuring that a release is received under general condition 11.4(a), the vendor must ensure that at or before settlement the purchaser receives a written undertaking from a secured party to register a financing change statement to reflect that release if the property being released includes goods of a kind that are described by serial number in the Personal Property Securities Register. 11.11 The purchaser must advise the vendor of any security interest that is registered on or before the day of sale on the Personal Property Securities Register, which the purchaser reasonably requires to be released, at least 21 days before the due date for settlement. 11.12 The vendor may delay settlement until 21 days after the purchaser advises the vendor of the security interests that the purchaser reasonably requires to be released if the purchaser does not provide an advice under general condition 11.11. 11.13 If settlement is delayed under general condition 11.12, 11.12 the purchaser must pay the vendor -vendor: (a) interest from the due date for settlement until the date on which settlement occurs or 21 days after the vendor receives the advice, whichever is the earlier; and (b) any reasonable costs incurred by the vendor as a result of the delay - as though the purchaser was in default.delay: 11.14 The vendor is not required to ensure that the purchaser receives a release in respect of the land. This general condition 11.14 applies despite general condition 11.1. 11.15 Words and phrases which are defined in the Personal Property Securities Act 2009 (Cth) have the same meaning in general condition 11 unless the context requires otherwise.

Appears in 2 contracts

Sources: Contract of Sale, Contract of Sale

Release of Security Interest. 11.1 7.1 This general condition General Condition applies if any part of the property Property is subject to a security interest to which the Personal Property Securities Act 2009 ▇▇▇ ▇▇▇▇ (Cth) applies. 11.2 For 7.2 The vendor must advise the purchaser of the vendor's date of birth solely for the purposes of enabling the purchaser to search the Personal Property Properties Securities Register for any security interests affecting any the personal property for which the purchaser may be is entitled to a release, statement, approval or correction in accordance with general condition 11.4General Condition 7.4 However, the purchaser may request the vendor is only required to provide the vendor’s date of birth to the purchaser. The vendor must comply with a request made by the purchaser under this condition so advise if the purchaser makes the request at least 21 days before the due Due Date. The purchaser must keep the vendor's date for settlementof birth secure and confidential. 11.3 7.3 If the purchaser is given the details of the vendor’s 's date of birth under condition 11.2General Condition 7.2, the purchaser must: (a) only use the vendor’s 's date of birth for the purposes specified in condition 11.2General Condition 7.2; and (b) keep the date of birth of the vendor secure and confidential. 11.4 7.4 The vendor must ensure that that, at or before settlement, the purchaser receives –receives: (a) a release from the secured party releasing the personal property from the security interest; or (b) a statement in writing in accordance with section 275(1)(b275(1(b) of the Personal Property Securities Act 2009 (Cth) setting out that the amount or obligation that is secured is nil at settlement; or (c) a written approval or correction in accordance with section 275(1)(c275(1) of the Personal Property Securities Act 2009 ▇▇▇ ▇▇▇▇ (Cth) indicating that, that on settlement, settlement the personal property included in the contract is not or will not be property in which the security interest is granted. 11.5 7.5 Subject to general condition 11.6General Condition 7.6, the vendor is not obliged to ensure that the purchaser receives a release, statement, approval or correction in respect of any item of personal property -property: (a) that –that: (i) the purchaser intends to use predominately predominantly for personal, personal domestic or household purposes; and (ii) has a market value of not more than $5000 5,000 or, if a greater amount has been prescribed for the purposes of section 47(1) of the Personal Property Securities Act 2009 (Cth), not more than that prescribed amount; or (b) that is sold in the ordinary course of the vendor’s 's business of selling personal property of that kind., 11.6 7.6 The vendor is obliged to ensure that the purchaser receives a release, statement, approval or correction in respect of personal property described in general condition 11.5 General Condition 7.5 if - (a) the personal property is of a kind that the regulations provide may or must be described by a serial number in the Personal Property Securities Register; or (b) the purchaser has actual or constructive knowledge that the sale constitutes a breach of the security agreement that provides for the security interest. 11.7 7.7 A release for the purposes of general condition 11.4(aGeneral Condition 7.4(a) must be in writing. 11.8 7.8 A release for the purposes of general condition 11.4(aGeneral Condition 7.4(a) must be effective in releasing the goods from the security interest and be in a form which allows the purchaser to take title to the goods free of that security interest. 11.9 7.9 If the purchaser receives a release under general condition 11.4 (a) General Condition 7.4(a), the purchaser must provide the vendor with a copy of the release at or as soon as practicable after settlement. 11.10 7.10 In addition to ensuring a release is received under general condition 11.4(aGeneral Condition 7.4(a), the vendor must also ensure that at that, on or before settlement settlement, the purchaser receives records a written undertaking from a secured party to register a financing change charge statement to reflect that release if the property being released includes goods personal property of a kind that are is described by serial number in the Personal Property Securities Register. 11.11 7.11 The purchaser must advise the vendor of any security interest that is registered on or before the day date of sale on the Personal Property Securities Register, which the purchaser reasonably requires to be released, released at least 21 days before the due date for settlement. 11.12 7.12 The vendor may delay settlement until 21 days after the purchaser advises the vendor of the security interests that the purchaser reasonably requires to be released if the purchaser does not provide an advice under general condition 11.11General Condition 7.10. 11.13 7.13 If settlement is delayed under general condition 11.12General Condition 7.12, the purchaser must pay the vendor -vendor: (a) interest from the due date for settlement until the date on which settlement occurs or 21 days after the vendor receives the advice, whichever is the earlier; and (b) any reasonable costs incurred by the vendor as a result of the delay - delay; as though the purchaser was in default. 11.14 7.14 The vendor is not required to ensure that the purchaser receives a release in respect of the land. This general condition 11.14 General Condition applies despite general condition 11.1General Condition 7.1. 11.15 7.15 Words and phrases which are defined in the Personal Property Securities Act 2009 (Cth) have the same meaning in general condition 11 General Condition 7 unless the context requires otherwise.

Appears in 2 contracts

Sources: Contract of Sale Leasehold, Contract of Sale

Release of Security Interest. 11.1 This general condition applies if any part of the property is subject to a security interest to which the Personal Property Securities Act 2009 (Cth) applies. 11.2 For the purposes of enabling the purchaser to search the Personal Property Securities Register for any security interests affecting any personal property for which the purchaser may be entitled to a release, statement, approval or correction in accordance with general condition 11.4, the purchaser may request the vendor to provide the vendor’s date of birth to the purchaser. The vendor must comply with a request made by the purchaser under this condition if the purchaser makes the request at least 21 days before the due date for settlement. 11.3 If the purchaser is given the details of the vendor’s date of birth under general condition 11.2, the purchaser must (a) only use the vendor’s date of birth for the purposes specified in general condition 11.2; and (b) keep the date of birth of the vendor secure and confidential. 11.4 The vendor must ensure that at or before settlement, the purchaser receives –receives— (a) a release from the secured party releasing the property from the security interest; or (b) a statement in writing in accordance with section 275(1)(b) of the Personal Property Securities Act 2009 (Cth) setting out that the amount or obligation that is secured is nil at settlement; or (c) a written approval or correction in accordance with section 275(1)(c) of the Personal Property Securities Act 2009 (Cth) indicating that, on settlement, the personal property included in the contract is not or will not be property in which the security interest is granted. 11.5 Subject to general condition 11.6, the vendor is not obliged to ensure that the purchaser receives a release, statement, approval or correction in respect of personal property -property— (a) that –that— (i) the purchaser intends to use predominately predominantly for personal, domestic or household purposes; and (ii) has a market value of not more than $5000 or, if a greater amount has been prescribed for the purposes of section 47(1) of the Personal Property Securities Act 2009 (Cth), not more than that prescribed amount; or (b) that is sold in the ordinary course of the vendor’s business of selling personal property of that kind. 11.6 The vendor is obliged to ensure that the purchaser receives a release, statement, approval or correction in respect of personal property described in general condition 11.5 if -if— (a) the personal property is of a kind that may or must be described by a serial number in the Personal Property Securities Register; or (b) the purchaser has actual or constructive knowledge that the sale constitutes a breach of the security agreement that provides for the security interest. 11.7 A release for the purposes of general condition 11.4(a) must be in writing. 11.8 A release for the purposes of general condition 11.4(a) must be effective in releasing the goods from the security interest and be in a form which allows the purchaser to take title to the goods free of that security interest. 11.9 If the purchaser receives a release under general condition 11.4 (a11.4(a) the purchaser must provide the vendor with a copy of the release at or as soon as practicable after settlement. 11.10 In addition to ensuring that a release is received under general condition 11.4(a), the vendor must ensure that at or before settlement the purchaser receives a written undertaking from a secured party to register a financing change statement to reflect that release if the property being released includes goods of a kind that are described by serial number in the Personal Property Securities Register. 11.11 The purchaser must advise the vendor of any security interest that is registered on or before the day of sale on the Personal Property Securities Register, which the purchaser reasonably requires to be released, at least 21 days before the due date for settlement. 11.12 The vendor may delay settlement until 21 days after the purchaser advises the vendor of the security interests that the purchaser reasonably requires to be released if the purchaser does not provide an advice under general condition 11.11. 11.13 If settlement is delayed under general condition 11.12, 11.12 the purchaser must pay the vendor -vendor— (a) interest from the due date for settlement until the date on which settlement occurs or 21 days after the vendor receives the advice, whichever is the earlier; and (b) any reasonable costs incurred by the vendor as a result of the delay - delay— as though the purchaser was in default. 11.14 The vendor is not required to ensure that the purchaser receives a release in respect of the land. This general condition 11.14 applies despite general condition 11.1. 11.15 Words and phrases which are defined in the Personal Property Securities Act 2009 (Cth) have the same meaning in general condition 11 unless the context requires otherwise.

Appears in 2 contracts

Sources: Contract of Sale of Land, Contract of Sale

Release of Security Interest. 11.1 7.1 This general condition applies if any part of the property is subject to a security interest to which the Personal Property Securities Act 2009 (Cth) applies. 11.2 7.2 For the purposes of enabling the purchaser to search the Personal Property Securities Register for any security interests affecting any personal property for which the purchaser may be entitled to a release, statement, approval or correction in accordance with general condition 11.47.4, the purchaser may request the vendor to provide the vendor’s 's date of birth to the purchaser. The vendor must comply with a request made by the purchaser under this condition if the purchaser makes the request at least 21 days before the due date for settlement. 11.3 7.3 If the purchaser is given the details of the vendor’s 's date of birth under condition 11.27.2, the purchaser must: (a) only use the vendor’s 's date of birth for the purposes specified in condition 11.27.2; and (b) keep the date of birth of the vendor secure and confidential. 11.4 7.4 The vendor must ensure that at or before settlement, the purchaser receives –receives: (a) a release from the secured party releasing the property from the security interest; or (b) a statement in writing in accordance with section 275(1)(b) of the Personal Property Securities Act 2009 (Cth) setting out that the amount or obligation that is secured is nil at settlement; or (c) a written approval or correction in accordance with section 275(1)(c) of the Personal Property Securities Act 2009 (Cth) indicating that, on settlement, the personal property included in the contract is not or will not be property in which the security interest is granted. 11.5 7.5 Subject to general condition 11.67.6, the vendor is not obliged to ensure that the purchaser receives a release, statement, approval or correction in respect of personal property -property: (a) that – (i) That: the purchaser intends to use predominately predominantly for personal, domestic or household purposes; and (ii) and has a market value of not more than $5000 or, if a greater amount has been prescribed for the purposes of section 47(1) of the Personal Property Securities Act 2009 (Cth), not more than that prescribed amount; or (b) or that is sold in the ordinary course of the vendor’s 's business of selling personal property of that kind. 11.6 7.6 The vendor is obliged to ensure that the purchaser receives a release, statement, approval or correction in respect of personal property described in general condition 11.5 if -7.5 if: (a) the personal property is of a kind that may or must be described by a serial number in the Personal Property Securities Register; or (b) the purchaser has actual or constructive knowledge that the sale constitutes a breach of the security agreement that provides for the security interest. 11.7 7.7 A release for the purposes of general condition 11.4(a7.4(a) must be in writing. 11.8 7.8 A release for the purposes of general condition 11.4(a7.4 (a) must be effective in releasing the goods from the security interest and be in a form which allows the purchaser to take title to the goods free of that security interest. 11.9 7.9 If the purchaser receives a release under general condition 11.47.4 (a) the purchaser must provide the vendor with a copy of the release at or as soon as practicable after settlement. 11.10 7.10 In addition to ensuring that a release is received under general condition 11.4(a7.4(a), the vendor must ensure that at or before settlement the purchaser receives a written undertaking from a secured party to register a financing change statement to reflect that release if the property being released includes goods of a kind that are described by serial number in the Personal Property Securities Register. 11.11 7.11 The purchaser must advise the vendor of any security interest that is registered on or before the day of sale on the Personal Property Properties Securities Register, which the purchaser reasonably requires to be released, at least 21 days before the due date for settlement. 11.12 7.12 The vendor may delay settlement until 21 days after the purchaser advises the vendor of the security interests that the purchaser reasonably requires to be released if the purchaser does not provide an advice under general condition 11.117.11. 11.13 7.13 If settlement is delayed under general condition 11.12, 7.12 the purchaser must pay the vendor -vendor: (a) interest from the due date for settlement until the date on which settlement occurs or 21 days after the vendor receives the advice, whichever is the earlier; and (b) any reasonable costs incurred by the vendor as a result of the delay - as though the purchaser was in default. 11.14 7.14 The vendor is not required to ensure that the purchaser receives a release in respect of the land. This general condition 11.14 7.14 applies despite general condition 11.17.1. 11.15 7.15 Words and phrases which are defined in the Personal Property Securities Act 2009 (Cth) have the same meaning in general condition 11 7 unless the context requires otherwise.

Appears in 1 contract

Sources: Contract of Sale of Real Estate

Release of Security Interest. 11.1 8.1 This general condition applies if any part of the property is subject to a security interest to which the Personal Property Securities Act 2009 (Cth) applies.the 11.2 8.2 For the purposes of enabling the purchaser to search the Personal Property Securities Register for any security interests affecting any personal property for which the purchaser may be entitled to a release, statement, approval or correction in accordance with general condition 11.48.4, the purchaser may request the vendor to provide the vendor’s date of birth to the purchaser. The vendor must comply with a request made by the purchaser under this condition if the purchaser makes the request at least 21 days before the due date for settlement. 11.3 8.3 If the purchaser is given the details of the vendor’s date of birth under condition 11.28.2, the purchaser mustmust – (a) only Only use the vendor’s date of birth for the purposes specified in condition 11.28.2; and (b) keep Keep the date of birth of the vendor secure and confidential. 11.4 8.4 The vendor must ensure that at or before settlement, the purchaser receives – (a) a release from the secured party releasing the property from the security interest; or (b) a statement in writing in accordance with section 275(1)(b) of the Personal Property Securities Act 2009 (Cth) setting out that the amount or obligation that is secured is nil at settlement; orPersonal (c) a written approval or correction in accordance with section 275(1)(c) of the Personal Property Securities Act 2009 (Cth) indicating that, on settlement, the personal property included in the contract is not or will not be property in which the security interest is granted. 11.5 8.5 Subject to general condition 11.68.6, the vendor is not obliged to ensure that the purchaser receives a release, statement, approval or correction in respect of personal property - (a) that - (i) the purchaser intends to use predominately predominantly for personal, domestic or household purposes; and (ii) has a market value of not more than $5000 or, if a greater amount has been prescribed for the purposes of section 47(1) of the Personal Property Securities Act 2009 (Cth), not more than that prescribed amount; or (b) that is sold in the ordinary course of the vendor’s business of selling personal property of that kind. 11.6 8.6 The vendor is obliged to ensure that the purchaser receives a release, statement, approval or correction in respect of personal property described in general condition 11.5 8.5 if - (a) the personal property is of a kind that may or must be described by a serial number in the Personal Property Securities Register; or (b) the purchaser has actual or constructive knowledge that the sale constitutes a breach of the security agreement that provides for the security interest. 11.7 8.7 A release for the purposes of general condition 11.4(a8.4(a) must be in writing. 11.8 8.8 A release for the purposes of general condition 11.4(a8.4 (a) must be effective in releasing the goods from the security interest and be in a form which allows the purchaser to take title to the goods free of that security interest. 11.9 8.9 If the purchaser receives a release under general condition 11.48.4 (a) the purchaser must provide the vendor with a copy of the release at or as soon as practicable after settlement. 11.10 8.10 In addition to ensuring that a release is received under general condition 11.4(a8.4(a), the vendor must ensure that at or before settlement the purchaser receives a written undertaking from a secured party to register a financing change statement to reflect that release if the property being released includes goods of a kind that are described by serial number in the Personal Property Securities Register. 11.11 8.11 The purchaser must advise the vendor of any security interest that is registered on or before the day of sale on the Personal Property Securities Properties Security Register, which the purchaser reasonably requires to be released, at least 21 days before the due date for settlement. 11.12 8.12 The vendor may delay settlement until 21 days after the purchaser advises the vendor of the security interests that the purchaser reasonably requires to be released if the purchaser does not provide an advice under general condition 11.118.11. 11.13 8.13 If settlement is delayed under general condition 11.12, 8.12 the purchaser must pay the vendor - (a) interest from the due date for settlement until the date on which settlement occurs or 21 days after the vendor receives the advice, whichever is the earlier; and (b) any reasonable costs incurred by the vendor as a result of the delay - as though the purchaser was in default. 11.14 8.14 The vendor is not required to ensure that the purchaser receives a release in respect of the land. This general condition 11.14 8.14 applies despite general condition 11.18.1. 11.15 8.15 Words and phrases which are defined in the Personal Property Securities Act 2009 (Cth) have the same meaning in general condition 11 8 unless the context requires otherwise.

Appears in 1 contract

Sources: Contract of Sale of Real Estate

Release of Security Interest. 11.1 This general condition applies if any part of the property is subject to a security interest to which the Personal Property Securities Act 2009 (Cth) applies. 11.2 For the purposes of enabling the purchaser to search the Personal Property Securities Register for any security interests affecting any personal property for which the purchaser may be entitled to a release, statement, approval or correction in accordance with general condition 11.4, the purchaser may request the vendor to provide the vendor’s date of birth to the purchaser. The vendor must comply with a request made by the purchaser under this condition if the purchaser makes the request at least 21 days before the due date for settlement. 11.3 If the purchaser is given the details of the vendor’s date of birth under general condition 11.2, the purchaser must (a) only use the vendor’s date of birth for the purposes specified in general condition 11.2; and (b) keep the date of birth of the vendor secure and confidential. 11.4 The vendor must ensure that at or before settlement, the purchaser receives –receives— (a) a release from the secured party releasing the property from the security interest; or (b) a statement in writing in accordance with section 275(1)(b) of the Personal Property Securities Act 2009 (Cth) setting out that the amount or obligation that is secured is nil at settlement; or (c) a written approval or correction in accordance with section 275(1)(c) of the Personal Property Securities Act 2009 (Cth) indicating that, on settlement, the personal property included in the contract is not or will not be property in which the security interest is granted. 11.5 Subject to general condition 11.6, the vendor is not obliged to ensure that the purchaser receives a release, statement, approval or correction in respect of personal property -property— (a) that –that— (i) the purchaser intends to use predominately predominantly for personal, domestic or household purposes; and (ii) has a market value of not more than $5000 or, if a greater amount has been prescribed for the purposes of section 47(1) of the Personal Property Securities Act 2009 (Cth), not more than that prescribed amount; or (b) that is sold in the ordinary course of the vendor’s business of selling personal property of that kind. 11.6 The vendor is obliged to ensure that the purchaser receives a release, statement, approval or correction in respect of personal property described in general condition 11.5 if -if— (a) the personal property is of a kind that may or must be described by a serial number in the Personal Property Securities Register; or (b) the purchaser has actual or constructive knowledge that the sale constitutes a breach of the security agreement that provides for the security interest. 11.7 A release for the purposes of general condition 11.4(a) must be in writing. 11.8 A release for the purposes of general condition 11.4(a) must be effective in releasing the goods from the security interest and be in a form which allows the purchaser to take title to the goods free of that security interest. 11.9 If the purchaser receives a release under general condition 11.4 (a) the purchaser must provide the vendor with a copy of the release at or as soon as practicable after settlement. 11.10 In addition to ensuring that a release is received under general condition 11.4(a), the vendor must ensure that at or before settlement the purchaser receives a written undertaking from a secured party to register a financing change statement to reflect that release if the property being released includes goods of a kind that are described by serial number in the Personal Property Securities Register. 11.11 The purchaser must advise the vendor of any security interest that is registered on or before the day of sale on the Personal Property Securities Register, which the purchaser reasonably requires to be released, at least 21 days before the due date for settlement. 11.12 The vendor may delay settlement until 21 days after the purchaser advises the vendor of the security interests that the purchaser reasonably requires to be released if the purchaser does not provide an advice under general condition 11.11. 11.13 If settlement is delayed under general condition 11.12, 11.12 the purchaser must pay the vendor -vendor— (a) interest from the due date for settlement until the date on which settlement occurs or 21 days after the vendor receives the advice, whichever is the earlier; and (b) any reasonable costs incurred by the vendor as a result of the delay - delay— as though the purchaser was in default. 11.14 The vendor is not required to ensure that the purchaser receives a release in respect of the land. This general condition 11.14 applies despite general condition 11.1. 11.15 Words and phrases which are defined in the Personal Property Securities Act 2009 (Cth) have the same meaning in general condition 11 unless the context requires otherwise.condition

Appears in 1 contract

Sources: Residential Contract of Sale of Land

Release of Security Interest. 11.1 7.1 This general condition applies if any part of the property is subject to a security interest to which the Personal Property Securities Act 2009 (Cth) applies. 11.2 7.2 For the purposes of enabling the purchaser to search the Personal Property Securities Register for any security interests affecting any personal property for which the purchaser may be entitled to a release, statement, approval or correction in accordance with general condition 11.47.4, the purchaser may request the vendor to provide the vendor’s 's date of birth to the purchaser. The vendor must comply with a request made by the purchaser under this condition if the purchaser makes the request at least 21 days before the due date for settlement. 11.3 7.3 If the purchaser is given the details of the vendor’s 's date of birth under condition 11.27.2, the purchaser must: (a) only use the vendor’s 's date of birth for the purposes specified in condition 11.27.2; and (b) keep the date of birth of the vendor secure and confidential. 11.4 7.4 The vendor must ensure that at or before settlement, the purchaser receives –receives: (a) a release from the secured party releasing the property from the security interest; or (b) a statement in writing in accordance with section 275(1)(b) of the Personal Property Securities Act 2009 (Cth) setting out that the amount or obligation that is secured is nil at settlement; or (c) a written approval or correction in accordance with section 275(1)(c) of the Personal Property Securities Act 2009 (Cth) indicating that, on settlement, the personal property included in the contract is not or will not be property in which the security interest is granted. 11.5 7.5 Subject to general condition 11.67.6, the vendor is not obliged to ensure that the purchaser receives a release, statement, approval or correction in respect of personal property -property: (a) that –that: (i) the purchaser intends to use predominately predominantly for personal, domestic or household purposes; and (ii) has a market value of not more than $5000 or, if a greater amount has been prescribed for the purposes of section 47(1) of the Personal Property Securities Act 2009 (Cth), not more than that prescribed amount; or (b) that is sold in the ordinary course of the vendor’s 's business of selling personal property of that kind. 11.6 7.6 The vendor is obliged to ensure that the purchaser receives a release, statement, approval or correction in respect of personal property described in general condition 11.5 if -7.5 if: (a) the personal property is of a kind that may or must be described by a serial number in the Personal Property Securities Register; or (b) the purchaser has actual or constructive knowledge that the sale constitutes a breach of the security agreement that provides for the security interest. 11.7 7.7 A release for the purposes of general condition 11.4(a7.4(a) must be in writing. 11.8 7.8 A release for the purposes of general condition 11.4(a7.4(a) must be effective in releasing the goods from the security interest and be in a form which allows the purchaser to take title to the goods free of that security interest. 11.9 7.9 If the purchaser receives a release under general condition 11.4 (a7.4(a) the purchaser must provide the vendor with a copy of the release at or as soon as practicable after settlement. 11.10 7.10 In addition to ensuring that a release is received under general condition 11.4(a7.4(a), the vendor must ensure that at or before settlement the purchaser receives a written undertaking from a secured party to register a financing change statement to reflect that release if the property being released includes goods of a kind that are described by serial number in the Personal Property Securities Register. 11.11 7.11 The purchaser must advise the vendor of any security interest that is registered on or before the day of sale on the Personal Property Properties Securities Register, which the purchaser reasonably requires to be released, at least 21 days before the due date for settlement. 11.12 7.12 The vendor may delay settlement until 21 days after the purchaser advises the vendor of the security interests that the purchaser reasonably requires to be released if the purchaser does not provide an advice under general condition 11.117.11. 11.13 7.13 If settlement is delayed under general condition 11.12, 7.12 the purchaser must pay the vendor -vendor: (a) interest from the due date for settlement until the date on which settlement occurs or 21 days after the vendor receives the advice, whichever is the earlier; and (b) any reasonable costs incurred by the vendor as a result of the delay - delay: as though the purchaser was in default. 11.14 7.14 The vendor is not required to ensure that the purchaser receives a release in respect of the land. This general condition 11.14 7.14 applies despite general condition 11.17.1. 11.15 7.15 Words and phrases which are defined in the Personal Property Securities Act 2009 (Cth) have the same meaning in general condition 11 7 unless the context requires otherwise.

Appears in 1 contract

Sources: Contract of Sale of Real Estate

Release of Security Interest. 11.1 7.1 This general condition applies if any part of the property is subject to a security interest to which the Personal Property Securities Act 2009 (Cth) applies. 11.2 7.2 For the purposes of enabling the purchaser to search the Personal Property Securities Register for any security interests affecting any personal property for which the purchaser may be entitled to a release, statement, approval or correction in accordance with general condition 11.47.4, the purchaser may request the vendor to provide the vendor’s date of birth to the purchaser. The vendor must comply with a request made by the purchaser under this condition if the purchaser makes the request at least 21 days before the due date for settlement. 11.3 7.3 If the purchaser is given the details of the vendor’s date of birth under condition 11.27.2, the purchaser mustmust – (a) only Only use the vendor’s date of birth for the purposes specified in condition 11.27.2; and (b) keep Keep the date of birth of the vendor secure and confidential. 11.4 7.4 The vendor must ensure that at or before settlement, the purchaser receives – (a) a release from the secured party releasing the property from the security interest; or (b) a statement in writing in accordance with section 275(1)(b) of the Personal Property Securities Act 2009 (Cth) setting out that the amount or obligation that is secured is nil at settlement; or (c) a written approval or correction in accordance with section 275(1)(c) of the Personal Property Securities Act 2009 (Cth) indicating that, on settlement, the personal property included in the contract is not or will not be property in which the security interest is granted. 11.5 7.5 Subject to general condition 11.67.6, the vendor is not obliged to ensure that the purchaser receives a release, statement, approval or correction in respect of personal property - (a) that - (i) the purchaser intends to use predominately predominantly for personal, domestic or household purposes; and (ii) has a market value of not more than $5000 or, if a greater amount has been prescribed for the purposes of section 47(1) of the Personal Property Securities Act 2009 (Cth), not more than that prescribed amount; or (b) that is sold in the ordinary course of the vendor’s business of selling personal property of that kind. 11.6 7.6 The vendor is obliged to ensure that the purchaser receives a release, statement, approval or correction in respect of personal property described in general condition 11.5 7.5 if - (a) the personal property is of a kind that may or must be described by a serial number in the Personal Property Securities Register; or (b) the purchaser has actual or constructive knowledge that the sale constitutes a breach of the security agreement that provides for the security interest. 11.7 7.7 A release for the purposes of general condition 11.4(a7.4(a) must be in writing. 11.8 7.8 A release for the purposes of general condition 11.4(a7.4 (a) must be effective in releasing the goods from the security interest and be in a form which allows the purchaser to take title to the goods free of that security interest. 11.9 7.9 If the purchaser receives a release under general condition 11.47.4 (a) the purchaser must provide the vendor with a copy of the release at or as soon as practicable after settlement. 11.10 7.10 In addition to ensuring that a release is received under general condition 11.4(acondition7.4(a), the vendor must ensure that at or before settlement the purchaser receives a written undertaking from a secured party to register a financing change statement to reflect that release if the property being released includes goods of a kind that are described by serial number in the Personal Property Securities Register. 11.11 7.11 The purchaser must advise the vendor of any security interest that is registered on or before the day of sale on the Personal Property Securities Properties Security Register, which the purchaser reasonably requires to be released, at least 21 days before the due date for settlement. 11.12 7.12 The vendor may delay settlement until 21 days after the purchaser advises the vendor of the security interests that the purchaser reasonably requires to be released if the purchaser does not provide an advice under general condition 11.117.11. 11.13 7.13 If settlement is delayed under general condition 11.12, 7.12 the purchaser must pay the vendor - (a) interest from the due date for settlement until the date on which settlement occurs or 21 days after the vendor receives the advice, whichever is the earlier; and (b) any reasonable costs incurred by the vendor as a result of the delay - as though the purchaser was in default. 11.14 7.14 The vendor is not required to ensure that the purchaser receives a release in respect of the land. This general condition 11.14 7.14 applies despite general condition 11.17.1. 11.15 7.15 Words and phrases which are defined in the Personal Property Securities Act 2009 (Cth) have the same meaning in general condition 11 7 unless the context requires otherwise.

Appears in 1 contract

Sources: Contract of Sale

Release of Security Interest. 11.1 7.1 This general condition applies if any part of the property is subject to a security interest to which the Personal Property Securities Act 2009 (Cth) applies. 11.2 7.2 For the purposes of enabling the purchaser to search the Personal Property Securities Register for any security interests affecting any personal property for which the purchaser may be entitled to a release, statement, approval or correction in accordance with general condition 11.47.4, the purchaser may request the vendor to provide the vendor’s date of birth to the purchaser. The vendor must comply with a request made by the purchaser under this condition if the purchaser makes the request at least 21 days before the due date for settlement. 11.3 7.3 If the purchaser is given the details of the vendor’s date of birth under condition 11.27.2, the purchaser must (a) only use the vendor’s date of birth for the purposes specified in condition 11.27.2; and (b) keep the date of birth of the vendor secure and confidential. 11.4 7.4 The vendor must ensure that at or before settlement, the purchaser receives – (a) a release from the secured party releasing the property from the security interest; or (b) a statement in writing in accordance with section 275(1)(b) of the Personal Property Securities Act 2009 (Cth) setting out that the amount or obligation that is secured is nil at settlement; or (c) a written approval or correction in accordance with section 275(1)(c) of the Personal Property Securities Act 2009 (Cth) indicating that, on settlement, the personal property included in the contract is not or will not be property in which the security interest is granted. 11.5 7.5 Subject to general condition 11.67.6, the vendor is not obliged to ensure that the purchaser receives a release, statement, approval or correction in respect of personal property - (a) that - (i) the purchaser intends to use predominately for personal, domestic or household purposes; and (ii) has a market value of not more than $5000 or, if a greater amount has been prescribed for the purposes of section 47(1) of the Personal Property Securities Act 2009 (Cth), not more than that prescribed amount; or (b) that is sold in the ordinary course of the vendor’s business of selling personal property of that kind. 11.6 7.6 The vendor is obliged to ensure that the purchaser receives a release, statement, approval or correction in respect of personal property described in general condition 11.5 7.5 if - (a) the personal property is of a kind that may be described by a serial number in the Personal Property Securities Register; or (b) the purchaser has actual or constructive knowledge that the sale constitutes a breach of the security agreement that provides for the security interest. 11.7 7.7 A release for the purposes of general condition 11.4(a7.4(a) must be in writing. 11.8 7.8 A release for the purposes of general condition 11.4(a7.4 (a) must be effective in releasing the goods from the security interest and be in a form which allows the purchaser to take title to the goods free of that security interest. 11.9 7.9 If the purchaser receives a release under general condition 11.47.4 (a) the purchaser must provide the vendor with a copy of the release at or as soon as practicable after settlement. 11.10 7.10 In addition to ensuring a release is received under general condition 11.4(a7.4(a), the vendor must ensure that at or before settlement the purchaser receives a written undertaking from a secured party to register a financing change statement to reflect that release if the property being released includes goods of a kind that are described by serial number in the Personal Property Securities Register. 11.11 7.11 The purchaser must advise the vendor of any security interest that is registered on or before the day of sale on the Personal Property Securities Register, which the purchaser reasonably requires to be released, at least 21 days before the due date for settlement. 11.12 7.12 The vendor may delay settlement until 21 days after the purchaser advises the vendor of the security interests that the purchaser reasonably requires to be released if the purchaser does not provide an advice under general condition 11.11.7.11 11.13 7.13 If settlement is delayed under general condition 11.127.12, the purchaser must pay the vendor - (a) interest from the due date for settlement until the date on which settlement occurs or 21 days after the vendor receives the advice, whichever is the earlier; and (b) any reasonable costs incurred by the vendor as a result of the delay - as though the purchaser was in default. 11.14 7.14 The vendor is not required to ensure that the purchaser receives a release in respect of the land. This general condition 11.14 applies despite general condition 11.1. 11.15 Words and phrases which are defined in the Personal Property Securities Act 2009 (Cth) have the same meaning in general condition 11 unless the context requires otherwise.condition

Appears in 1 contract

Sources: Contract of Sale of Real Estate

Release of Security Interest. 11.1 7.1 This general condition applies if any part of the property is subject to a security interest to which the Personal Property Securities Act 2009 (Cth) applies.the 11.2 7.2 For the purposes of enabling the purchaser to search the Personal Property Securities Register for any security interests affecting any personal property for which the purchaser may be entitled to a release, statement, approval or correction in accordance with general condition 11.47.4, the purchaser may request the vendor to provide the vendor’s date of birth to the purchaser. The vendor must comply with a request made by the purchaser under this condition if the purchaser makes the request at least 21 days before the due date for settlement. 11.3 7.3 If the purchaser is given the details of the vendor’s date of birth under condition 11.27.2, the purchaser must (a) only use the vendor’s date of birth for the purposes specified in condition 11.27.2; and (b) keep the date of birth of the vendor secure and confidential. 11.4 7.4 The vendor must ensure that at or before settlement, the purchaser receives –receives— (a) a release from the secured party releasing the property from the security interest; or (b) a statement in writing in accordance with section 275(1)(b) of the Personal Property Securities Act 2009 (Cth) setting out that the amount or obligation that is secured is nil at settlement; orAct (c) a written approval or correction in accordance with section 275(1)(c) of the Personal Property Securities Act 2009 ▇▇▇ ▇▇▇▇ (Cth) indicating that, on settlement, the personal property included in the contract is not or will not be property in which the security interest is granted. 11.5 7.5 Subject to general condition 11.67.6, the vendor is not obliged to ensure that the purchaser receives a release, statement, approval or correction in respect of personal property -property— (a) that –that— (i) the purchaser intends to use predominately predominantly for personal, domestic or household purposes; and (ii) has a market value of not more than $5000 or, if a greater amount has been prescribed for the purposes of section 47(1) of the Personal Property Securities Act 2009 (Cth), not more than that prescribed amount; or (b) that is sold in the ordinary course of the vendor’s business of selling personal property of that kind. 11.6 7.6 The vendor is obliged to ensure that the purchaser receives a release, statement, approval or correction in respect of personal property described in general condition 11.5 if -7.5 if— (a) the personal property is of a kind that may or must be described by a serial number in the Personal Property Securities Register; or (b) the purchaser has actual or constructive knowledge that the sale constitutes a breach of the security agreement that provides for the security interest. 11.7 7.7 A release for the purposes of general condition 11.4(a7.4(a) must be in writing. 11.8 7.8 A release for the purposes of general condition 11.4(a7.4 (a) must be effective in releasing the goods from the security interest and be in a form which allows the purchaser to take title to the goods free of that security interest. 11.9 7.9 If the purchaser receives a release under general condition 11.47.4 (a) the purchaser must provide the vendor with a copy of the release at or as soon as practicable after settlement. 11.10 7.10 In addition to ensuring that a release is received under general condition 11.4(a7.4(a), the vendor must ensure that at or before settlement the purchaser receives a written undertaking from a secured party to register a financing change statement to reflect that release if the property being released includes goods of a kind that are described by serial number in the Personal Property Securities Register. 11.11 7.11 The purchaser must advise the vendor of any security interest that is registered on or before the day of sale on the Personal Property Properties Securities Register, which the purchaser reasonably requires to be released, at least 21 days before the due date for settlement. 11.12 7.12 The vendor may delay settlement until 21 days after the purchaser advises the vendor of the security interests that the purchaser reasonably requires to be released if the purchaser does not provide an advice under general condition 11.117.11. 11.13 7.13 If settlement is delayed under general condition 11.12, 7.12 the purchaser must pay the vendor -vendor— (a) interest from the due date for settlement until the date on which settlement occurs or 21 days after the vendor receives the advice, whichever is the earlier; and (b) any reasonable costs incurred by the vendor as a result of the delay - delay— as though the purchaser was in default. 11.14 7.14 The vendor is not required to ensure that the purchaser receives a release in respect of the land. This general condition 11.14 7.14 applies despite general condition 11.17.1. 11.15 7.15 Words and phrases which are defined in the Personal Property Securities Act 2009 (Cth) have the same meaning in general condition 11 7 unless the context requires otherwise.

Appears in 1 contract

Sources: Contract of Sale of Real Estate

Release of Security Interest. 11.1 7.1 This general condition applies if any part of the property is subject to a security interest to which the Personal Property Securities Act 2009 (Cth) applies.Property 11.2 7.2 For the purposes of enabling the purchaser to search the Personal Property Securities Register for any security interests affecting any personal property for which the purchaser may be entitled to a release, statement, approval or correction in accordance with general condition 11.47.4, the purchaser may request the vendor to provide the vendor’s date of birth to the purchaser. The vendor must comply with a request made by the purchaser under this condition if the purchaser makes the request at least 21 days before the due date for settlement. 11.3 7.3 If the purchaser is given the details of the vendor’s date of birth under condition 11.27.2, the purchaser mustmust - (a) only use the vendor’s date of birth for the purposes specified in condition 11.27.2; and (b) keep the date of birth of the vendor secure and confidential. 11.4 7.4 The vendor must ensure that at or before settlement, the purchaser receives –receives— (a) a release from the secured party releasing the property from the security interest; or (b) a statement in writing in accordance with section 275(1)(b) of the Personal Property Securities Act 2009 (Cth) setting out that the amount or obligation that is secured is nil at settlement; or (c) a written approval or correction in accordance with section 275(1)(c) of the Personal Property Securities Act 2009 (Cth) indicating that, on settlement, the personal property included in the contract is not or will not be property in which the security interest is granted. 11.5 7.5 Subject to general condition 11.6, 7.6. the vendor is not obliged to ensure that the purchaser receives a release, statement, approval or correction in respect of any personal property - (a) that – (i) the purchaser intends to use predominately predominantly for personal, domestic or household purposes; and (ii) has a market value of not more than $5000 or, if a greater amount has been prescribed for the purposes of section 47(1) of the Personal Property Securities Act 2009 (Cth)) , not more than that prescribed amount; or (b) that is sold in the ordinary course of the vendor’s business of selling personal property of that kind. 11.6 7.6 The vendor is obliged to ensure that the purchaser receives a release, statement, approval or correction in respect of personal property described in general condition 11.5 7.5 if - (a) the personal property is of a kind that may or must be described by a serial number in the Personal Property Securities Register; or (b) the purchaser has actual or constructive knowledge that the sale constitutes a breach of the security agreement that provides for the security interest. 11.7 7.7 A release for the purposes of general condition 11.4(a7.4(a) must be in writing. 11.8 7.8 A release for the purposes of general condition 11.4(a7.4(a) must be effective in releasing the goods from the security interest and be in a form which allows the purchaser to take title to the goods free of that security interest. 11.9 7.9 If the purchaser receives a release under general condition 11.4 (a) 7.4(a), the purchaser must provide the vendor with a copy of the release at or as soon as practicable after settlement. 11.10 7.10 In addition to ensuring a release is received under general condition 11.4(a7.4(a), the vendor must ensure that at or before settlement the purchaser receives a written undertaking from a secured party to register a financing change statement to reflect that release if the property being released includes goods of a kind that are described by serial number in the Personal Property Securities Register. 11.11 7.11 The purchaser must advise the vendor of any security interest that is registered on or before the day of sale on the Personal Property Properties Securities Register, which the purchaser reasonably requires to be released, at least 21 days before the due date for settlement. 11.12 7.12 The vendor may delay settlement until 21 days after the purchaser advises the vendor of the security interests that the purchaser reasonably requires to be released if the purchaser does not provide an advice under general condition 11.117.11. 11.13 7.13 If settlement is delayed under general condition 11.127.12, the purchaser must pay the vendor -vendor— (a) interest from the due date for settlement until the date on which settlement occurs or 21 days after the vendor receives the advice, whichever is the earlier; and (b) any reasonable costs incurred by the vendor as a result of the delay - delay— as though the purchaser was in default. 11.14 7.14 The vendor is not required to ensure that the purchaser receives a release in respect of the land. This general condition 11.14 7.14 applies despite general condition 11.17.1. 11.15 7.15 Words and phrases which are defined in the Personal Property Securities Act 2009 (Cth) have the same meaning in general condition 11 7 unless the context requires otherwise.

Appears in 1 contract

Sources: Contract of Sale

Release of Security Interest. 11.1 7.1 This general condition applies if any part of the property is subject to a security interest to which the Personal Property Securities Act 2009 (Cth) applies. 11.2 7.2 For the purposes of enabling the purchaser to search the Personal Property Securities Register for any security interests affecting any personal property for which the purchaser may be entitled to a release, statement, approval or correction in accordance with general condition 11.47.4, the purchaser may request the vendor to provide the vendor’s date of birth to the purchaser. The vendor must comply with a request made by the purchaser under this condition if the purchaser makes the request at least 21 days before the due date for settlement. 11.3 7.3 If the purchaser is given the details of the vendor’s date of birth under condition 11.27.2, the purchaser must (a) only use the vendor’s date of birth for the purposes specified in condition 11.27.2; and (b) keep the date of birth of the vendor secure and confidential. 11.4 7.4 The vendor must ensure that at or before settlement, the purchaser receives –receives— (a) a release from the secured party releasing the property from the security interest; or (b) a statement in writing in accordance with section 275(1)(b) of the Personal Property Securities Act 2009 (Cth) setting out that the amount or obligation that is secured is nil at settlement; or (c) a written approval or correction in accordance with section 275(1)(c) of the Personal Property Securities Act 2009 (Cth) indicating that, on settlement, the personal property included in the contract is not or will not be property in which the security interest is granted. 11.5 7.5 Subject to general condition 11.67.6, the vendor is not obliged to ensure that the purchaser receives a release, statement, approval or correction in respect of personal property -property— (a) that –that— (i) the purchaser intends to use predominately predominantly for personal, domestic or household purposes; and (ii) has a market value of not more than $5000 or, if a greater amount has been prescribed for the purposes of section 47(1) of the Personal Property Securities Act 2009 (Cth), not more than that prescribed amount; or (b) that is sold in the ordinary course of the vendor’s business of selling personal property of that kind. 11.6 7.6 The vendor is obliged to ensure that the purchaser receives a release, statement, approval or correction in respect of personal property described in general condition 11.5 if -7.5 if— (a) the personal property is of a kind that may or must be described by a serial number in the Personal Property Securities Register; or (b) the purchaser has actual or constructive knowledge that the sale constitutes a breach of the security agreement that provides for the security interest. 11.7 7.7 A release for the purposes of general condition 11.4(a7.4(a) must be in writing. 11.8 7.8 A release for the purposes of general condition 11.4(a7.4 (a) must be effective in releasing the goods from the security interest and be in a form which allows the purchaser to take title to the goods free of that security interest. 11.9 7.9 If the purchaser receives a release under general condition 11.47.4 (a) the purchaser must provide the vendor with a copy of the release at or as soon as practicable after settlement. 11.10 7.10 In addition to ensuring that a release is received under general condition 11.4(a7.4(a), the vendor must ensure that at or before settlement the purchaser receives a written undertaking from a secured party to register a financing change statement to reflect that release if the property being released includes goods of a kind that are described by serial number in the Personal Property Securities Register. 11.11 7.11 The purchaser must advise the vendor of any security interest that is registered on or before the day of sale on the Personal Property Securities Register, which the purchaser reasonably requires to be released, at least 21 days before the due date for settlement. 11.12 7.12 The vendor may delay settlement until 21 days after the purchaser advises the vendor of the security interests that the purchaser reasonably requires to be released if the purchaser does not provide an advice under general condition 11.117.11. 11.13 7.13 If settlement is delayed under general condition 11.12, 7.12 the purchaser must pay the vendor -vendor— (a) interest from the due date for settlement until the date on which settlement occurs or 21 days after the vendor receives the advice, whichever is the earlier; and (b) any reasonable costs incurred by the vendor as a result of the delay - delay— as though the purchaser was in default. 11.14 7.14 The vendor is not required to ensure that the purchaser receives a release in respect of the land. This general condition 11.14 7.14 applies despite general condition 11.17.1. 11.15 7.15 Words and phrases which are defined in the Personal Property Securities Act 2009 (Cth) have the same meaning in general condition 11 7 unless the context requires otherwise.

Appears in 1 contract

Sources: Contract of Sale of Real Estate

Release of Security Interest. 11.1 7.1 This general condition applies if any part of the property is subject to a security interest to which the Personal Property Securities Act 2009 (Cth) applies.the 11.2 7.2 For the purposes of enabling the purchaser to search the Personal Property Securities Register for any security interests affecting any personal property for which the purchaser may be entitled to a release, statement, approval or correction in accordance with general condition 11.47.4, the purchaser may request the vendor to provide the vendor’s 's date of birth to the purchaser. The vendor must comply with a request made by the purchaser under this condition if the purchaser makes the request at least 21 days before the due date for settlement. 11.3 7.3 If the purchaser is given the details of the vendor’s 's date of birth under condition 11.27.2, the purchaser must: (a) only use the vendor’s 's date of birth for the purposes specified in condition 11.27.2; and (b) keep the date of birth of the vendor secure and confidential., 11.4 7.4 The vendor must ensure that at or before settlement, the purchaser receives –receives: (a) a release from the secured party releasing the property from the security interest; or (b) a statement in writing in accordance with section 275(1)(b) of the Personal Property Securities Act 2009 (Cth) setting out that the amount or obligation that is secured is nil at settlement; or (c) a written approval or correction in accordance with section 275(1)(c) of the Personal Property Securities Act 2009 (Cth) indicating that, on settlement, the personal property included in the contract is not or will not be property in which the security interest is granted. 11.5 7.5 Subject to general condition 11.67.6, the vendor is not obliged to ensure that the purchaser receives a release, statement, approval or correction in respect of personal property -property: (a) that –that: (i) the purchaser intends to use predominately predominantly for personal, domestic or household purposes; and (ii) has a market value of not more than $5000 or, if a greater amount has been prescribed for the purposes of section 47(1) of the Personal Property Securities Act 2009 (Cth), not more than that prescribed amount; or (b) that is sold in the ordinary course of the vendor’s 's business of selling personal property of that kind. 11.6 7.6 The vendor is obliged to ensure that the purchaser receives a release, statement, approval or correction in respect of personal property described in general condition 11.5 if -7.5 if: (a) the personal property is of a kind that may or must be described by a serial number in the Personal Property Securities Register; or (b) the purchaser has actual or constructive knowledge that the sale constitutes a breach of the security agreement that provides for the security interest. 11.7 7.7 A release for the purposes of general condition 11.4(a7.4(a) must be in writing. 11.8 7.8 A release for the purposes of general condition 11.4(a7.4 (a) must be effective in releasing the goods from the security interest and be in a form which allows the purchaser to take title to the goods free of that security interest. 11.9 7.9 If the purchaser receives a release under general condition 11.47.4 (a) the purchaser must provide the vendor with a copy of the release at or as soon as practicable after settlement. 11.10 7.10 In addition to ensuring that a release is received under general condition 11.4(a7.4(a), the vendor must ensure that at or before settlement the purchaser receives a written undertaking from a secured party to register a financing change statement to reflect that release if the property being released includes goods of a kind that are described by serial number in the Personal Property Securities Register. 11.11 7.11 The purchaser must advise the vendor of any security interest that is registered on or before the day of sale on the Personal Property Properties Securities Register, which the purchaser reasonably requires to be released, at least 21 days before the due date for settlement. 11.12 7.12 The vendor may delay settlement until 21 days after the purchaser advises the vendor of the security interests that the purchaser reasonably requires to be released if the purchaser does not provide an advice under general condition 11.117.11. 11.13 7.13 If settlement is delayed under general condition 11.12, 7.12 the purchaser must pay the vendor -vendor: (a) interest from the due date for settlement until the date on which settlement occurs or 21 days after the vendor receives the advice, whichever is the earlier; and (b) any reasonable costs incurred by the vendor as a result of the delay - as though the purchaser was in default. 11.14 7.14 The vendor is not required to ensure that the purchaser receives a release in respect of the land. This general condition 11.14 7.14 applies despite general condition 11.17.1. 11.15 7.15 Words and phrases which are defined in the Personal Property Securities Act 2009 (Cth) have the same meaning in general condition 11 7 unless the context requires otherwise.

Appears in 1 contract

Sources: Contract of Sale

Release of Security Interest. 11.1 7.1 This general condition applies if any part of the property is subject to a security interest to which the Personal Property Securities Act 2009 (Cth) applies. 11.2 7.2 For the purposes of enabling the purchaser to search the Personal Property Securities Register for any security interests affecting any personal property for which the purchaser may be entitled to a release, statement, approval or correction in accordance with general condition 11.47.4, the purchaser may request the vendor to provide the vendor’s date of birth to the purchaser. The vendor must comply with a request made by the purchaser under this condition if the purchaser makes the request at least 21 days before the due date for settlement. 11.3 7.3 If the purchaser is given the details of the vendor’s date of birth under condition 11.27.2, the purchaser must (a) only use the vendor’s date of birth for the purposes specified in condition 11.27.2; and (b) keep the date of birth of the vendor secure and confidential. 11.4 7.4 The vendor must ensure that at or before settlement, the purchaser receives – (a) a release from the secured party releasing the property from the security interest; or (b) a statement in writing in accordance with section 275(1)(b) of the Personal Property Securities Act 2009 (Cth) setting out that the amount or obligation that is secured is nil at settlement; or (c) a written approval or correction in accordance with section 275(1)(c) of the Personal Property Securities Act 2009 (Cth) indicating that, on settlement, the personal property included in the contract is not or will not be property in which the security interest is granted. 11.5 7.5 Subject to general condition 11.67.6, the vendor is not obliged to ensure that the purchaser receives a release, statement, approval or correction in respect of personal property - (a) that - (i) the purchaser intends to use predominately for personal, domestic or household purposes; and (ii) has a market value of not more than $5000 or, if a greater amount has been prescribed for the purposes of section 47(1) of the Personal Property Securities Act 2009 (Cth), not more than that prescribed amount; or (b) that is sold in the ordinary course of the vendor’s business of selling personal property of that kind. 11.6 7.6 The vendor is obliged to ensure that the purchaser receives a release, statement, approval or correction in respect of personal property described in general condition 11.5 7.5 if - (a) the personal property is of a kind that may be described by a serial number in the Personal Property Securities Register; or (b) the purchaser has actual or constructive knowledge that the sale constitutes a breach of the security agreement that provides for the security interest. 11.7 7.7 A release for the purposes of general condition 11.4(a7.4(a) must be in writing. 11.8 7.8 A release for the purposes of general condition 11.4(a7.4(a) must be effective in releasing the goods from the security interest and be in a form which allows the purchaser to take title to the goods free of that security interest. 11.9 7.9 If the purchaser receives a release under general condition 11.47.4 (a) the purchaser must provide the vendor with a copy of the release at or as soon as practicable after settlement. 11.10 7.10 In addition to ensuring a release is received under general condition 11.4(a7.4(a), the vendor must ensure that at or before settlement the purchaser receives a written undertaking from a secured party to register a financing change statement to reflect that release if the property being released includes goods of a kind that are described by serial number in the Personal Property Securities Register. 11.11 7.11 The purchaser must advise the vendor of any security interest that is registered on or before the day of sale on the Personal Property Securities Register, which the purchaser reasonably requires to be released, at least 21 days before the due date for settlement. 11.12 7.12 The vendor may delay settlement until 21 days after the purchaser advises the vendor of the security interests that the purchaser reasonably requires to be released if the purchaser does not provide an advice under general condition 11.11.7.11 11.13 7.13 If settlement is delayed under general condition 11.127.12, the purchaser must pay the vendor - (a) interest from the due date for settlement until the date on which settlement occurs or 21 days after the vendor receives the advice, whichever is the earlier; and (b) any reasonable costs incurred by the vendor as a result of the delay - as though the purchaser was in default. 11.14 7.14 The vendor is not required to ensure that the purchaser receives a release in respect of the land. This general condition 11.14 applies despite general condition 11.1. 11.15 Words and phrases which are defined in the Personal Property Securities Act 2009 (Cth) have the same meaning in general condition 11 unless the context requires otherwise.condition

Appears in 1 contract

Sources: Contract of Sale of Real Estate

Release of Security Interest. 11.1 This general condition applies if any part of the property is subject to a security interest to which the Personal Property Securities Act 2009 (Cth) applies. 11.2 For the purposes of enabling the purchaser to search the Personal Property Securities Register for any security interests affecting any personal property for which the purchaser may be entitled to a release, statement, approval or correction in accordance with general condition 11.4, the purchaser may request the vendor to provide the vendor’s date of birth to the purchaser. The vendor must comply with a request made by the purchaser under this condition if the purchaser makes the request at least 21 days before the due date for settlement. 11.3 If the purchaser is given the details of the vendor’s date of birth under general condition 11.2, the purchaser must (a) only use the vendor’s date of birth for the purposes specified in general condition 11.2; and (b) keep the date of birth of the vendor secure and confidential. 11.4 The vendor must ensure that at or before settlement, the purchaser receives –receives— (a) a release from the secured party releasing the property from the security interest; or (b) a statement in writing in accordance with section 275(1)(b) of the Personal Property Securities Act 2009 (Cth) setting out that the amount or obligation that is secured is nil at settlement; or (c) a written approval or correction in accordance with section 275(1)(c) of the Personal Property Securities Act 2009 (Cth) indicating that, on settlement, the personal property included in the contract is not or will not be property in which the security interest is granted. 11.5 Subject to general condition 11.6, the vendor is not obliged to ensure that the purchaser receives a release, statement, approval or correction in respect of personal property -property— (a) that –that— (i) the purchaser intends to use predominately predominantly for personal, domestic or household purposes; and and (ii) has a market value of not more than $5000 or, if a greater amount has been prescribed for the purposes of section 47(1) of the Personal Property Securities Act 2009 (Cth), not more than that prescribed amount; or (b) that is sold in the ordinary course of the vendor’s business of selling personal property of that kind. 11.6 The vendor is obliged to ensure that the purchaser receives a release, statement, approval or correction in respect of personal property described in general condition 11.5 if -if— (a) the personal property is of a kind that may or must be described by a serial number in the Personal Property Securities Register; or (b) the purchaser has actual or constructive knowledge that the sale constitutes a breach of the security agreement that provides for the security interest. 11.7 A release for the purposes of general condition 11.4(a) must be in writing. 11.8 A release for the purposes of general condition 11.4(a) must be effective in releasing the goods from the security interest and be in a form which allows the purchaser to take title to the goods free of that security interest. 11.9 If the purchaser receives a release under general condition 11.4 (a) the purchaser must provide the vendor with a copy of the release at or as soon as practicable after settlement. 11.10 In addition to ensuring that a release is received under general condition 11.4(a), the vendor must ensure that at or before settlement the purchaser receives a written undertaking from a secured party to register a financing change statement to reflect that release if the property being released includes goods of a kind that are described by serial number in the Personal Property Securities Register. 11.11 The purchaser must advise the vendor of any security interest that is registered on or before the day of sale on the Personal Property Securities Register, which the purchaser reasonably requires to be released, at least 21 days before the due date for settlement. 11.12 The vendor may delay settlement until 21 days after the purchaser advises the vendor of the security interests that the purchaser reasonably requires to be released if the purchaser does not provide an advice under general condition 11.11. 11.13 If settlement is delayed under general condition 11.12, 11.12 the purchaser must pay the vendor -vendor— (a) interest from the due date for settlement until the date on which settlement occurs or 21 days after the vendor receives the advice, whichever is the earlier; and (b) any reasonable costs incurred by the vendor as a result of the delay - delay— as though the purchaser was in default. 11.14 The vendor is not required to ensure that the purchaser receives a release in respect of the land. This general condition 11.14 applies despite general condition 11.1. 11.15 Words and phrases which are defined in the Personal Property Securities Act 2009 (Cth) have the same meaning in general condition 11 unless the context requires otherwise.

Appears in 1 contract

Sources: Contract of Sale of Real Estate

Release of Security Interest. 11.1 This general condition applies if any part of the property is subject to a security interest to which the Personal Property Securities Act 2009 (Cth) applies. 11.2 For the purposes of enabling the purchaser to search the Personal Property Securities Register for any security interests affecting any personal property for which the purchaser may be entitled to a release, statement, approval or correction in accordance with general condition 11.4, the purchaser may request the vendor to provide the vendor’s date of birth to the purchaser. The vendor must comply with a request made by the purchaser under this condition if the purchaser makes the request at least 21 days before the due date for settlement. 11.3 If the purchaser is given the details of the vendor’s date of birth under condition 11.2, the purchaser must (a) only use the vendor’s date of birth for the purposes specified in condition 11.2; and (b) keep the date of birth of the vendor secure and confidential. 11.4 The vendor must ensure that at or before settlement, the purchaser receives – (a) a release from the secured party releasing the property from the security interest; or (b) a statement in writing in accordance with section 275(1)(b) of the Personal Property Securities Act 2009 (Cth) setting out that the amount or obligation that is secured is nil at settlement; or (c) a written approval or correction in accordance with section 275(1)(c) of the Personal Property Securities Act 2009 (Cth) indicating that, on settlement, the personal property included in the contract is not or will not be property pro perty in which the security interest is granted. 11.5 Subject to general condition 11.6, the vendor is not obliged to ensure that the purchaser receives a release, statement, approval or correction in respect of personal property - (a) that – (i) the purchaser intends to use predominately for personal, domestic or household purposes; and (ii) has a market value of not more than $5000 or, if a greater amount has been prescribed for the purposes of section 47(1) of the Personal Property Securities Act 2009 (Cth), not more than that prescribed amount; or (b) that is sold in the ordinary course of the vendor’s business of selling personal property of that kind. 11.6 The vendor is obliged to ensure that the purchaser receives a release, statement, approval or correction in respect of personal property described in general condition 11.5 if - (a) the personal property is of a kind that may be described by a serial number in the Personal Property Securities Register; or (b) the purchaser has actual or constructive knowledge that the sale constitutes a breach of the security agreement that provides for the security interest. 11.7 A release for the purposes of general condition 11.4(a) must be in writing. 11.8 A release for the purposes of general condition 11.4(a) must be effective in releasing the goods from the security interest and be in a form which allows the purchaser to take title to the goods free of that security interest. 11.9 If the purchaser receives a release under general condition 11.4 (a11.4(a) the purchaser must provide the vendor with a copy of the release at or as soon as practicable after settlement. 11.10 In addition to ensuring a release is received under general condition 11.4(a), the vendor must ensure that at or before settlement the purchaser receives a written undertaking from a secured party to register a financing change statement to reflect that release if the property being released includes goods of a kind that are described by serial number in the Personal Perso nal Property Securities Register. 11.11 The purchaser must advise the vendor of any security interest that is registered on or before the day of sale on the Personal Property Securities Register, which the purchaser reasonably requires to be released, at least 21 days before the due date for settlement. 11.12 The vendor may delay settlement until 21 days after the purchaser advises the vendor of the security interests that the purchaser reasonably requires to be released if the purchaser does not provide an advice under general condition 11.11. 11.13 If settlement is delayed under general condition 11.12, the purchaser must pay the vendor - (a) interest from the due date for settlement until the date on which settlement occurs or 21 days after the vendor receives the advice, whichever is the earlier; and (b) any reasonable costs incurred by the vendor as a result of the delay - as though the purchaser was in default. 11.14 The vendor is not required to ensure that the purchaser receives a release in respect of the land. This general condition 11.14 applies despite general condition 11.1. 11.15 Words and phrases which are defined in the Personal Property Securities Act 2009 (Cth) have the same meaning in general condition 11 unless the context requires otherwise.

Appears in 1 contract

Sources: Contract of Sale of Land

Release of Security Interest. 11.1 7.1 This general condition applies if any part of the property is subject to a security interest to which the Personal Property Securities Act 2009 (Cth) applies.the 11.2 7.2 For the purposes of enabling the purchaser to search the Personal Property Securities Register for any security interests affecting any personal property for which the purchaser may be entitled to a release, statement, approval or correction in accordance with general condition 11.47.4, the purchaser may request the vendor to provide the vendor’s date of birth to the purchaser. The vendor must comply with a request made by the purchaser under this condition if the purchaser makes the request at least 21 days before the due date for settlement. 11.3 7.3 If the purchaser is given the details of the vendor’s date of birth under general condition 11.27.2, the purchaser must (a) only use the vendor’s date of birth for the purposes specified in general condition 11.27.2; and (b) keep the date of birth of the vendor secure and confidential. 11.4 7.4 The vendor must ensure that at or before settlement, the purchaser receives –receives— (a) a release from the secured party releasing the property from the security interest; or (b) a statement in writing in accordance with section 275(1)(b) of the Personal Property Securities Act 2009 (Cth) setting out that the amount or obligation that is secured is nil at settlement; or (c) a written approval or correction in accordance with section 275(1)(c) of the Personal Property Securities Act 2009 (Cth) indicating that, on settlement, the personal property included in the contract is not or will not be property in which the security interest is granted.the 11.5 7.5 Subject to general condition 11.67.6, the vendor is not obliged to ensure that the purchaser receives a release, statement, approval or correction in respect of personal property -property— (a) that –that— (i) the purchaser intends to use predominately predominantly for personal, domestic or household purposes; and (ii) has a market value of not more than $5000 or, if a greater amount has been prescribed for the purposes of section 47(1) of the Personal Property Securities Act 2009 (Cth), not more than that prescribed amount; or (b) that is sold in the ordinary course of the vendor’s business of selling personal property of that kind. 11.6 7.6 The vendor is obliged to ensure that the purchaser receives a release, statement, approval or correction in respect of personal property described in general condition 11.5 if -7.5 if— (a) the personal property is of a kind that may or must be described by a serial number in the Personal Property Securities Register; or (b) the purchaser has actual or constructive knowledge that the sale constitutes a breach of the security agreement that provides for the security interest. 11.7 7.7 A release for the purposes of general condition 11.4(a7.4(a) must be in writing. 11.8 7.8 A release for the purposes of general condition 11.4(a7.4 (a) must be effective in releasing the goods from the security interest and be in a form which allows the purchaser to take title to the goods free of that security interest. 11.9 7.9 If the purchaser receives a release under general condition 11.47.4 (a) the purchaser must provide the vendor with a copy of the release at or as soon as practicable after settlement. 11.10 7.10 In addition to ensuring that a release is received under general condition 11.4(a7.4(a), the vendor must ensure that at or before settlement the purchaser receives a written undertaking from a secured party to register a financing change statement to reflect that release if the property being released includes goods of a kind that are described by serial number in the Personal Property Securities Register. 11.11 7.11 The purchaser must advise the vendor of any security interest that is registered on or before the day of sale on the Personal Property Securities Register, which the purchaser reasonably requires to be released, at least 21 days before the due date for settlement. 11.12 7.12 The vendor may delay settlement until 21 days after the purchaser advises the vendor of the security interests that the purchaser reasonably requires to be released if the purchaser does not provide an advice under general condition 11.117.11. 11.13 7.13 If settlement is delayed under general condition 11.12, 7.12 the purchaser must pay the vendor -vendor— (a) interest from the due date for settlement until the date on which settlement occurs or 21 days after the vendor receives the advice, whichever is the earlier; and (b) any reasonable costs incurred by the vendor as a result of the delay - delay— as though the purchaser was in default. 11.14 7.14 The vendor is not required to ensure that the purchaser receives a release in respect of the land. This general condition 11.14 7.14 applies despite general condition 11.17.1. 11.15 7.15 Words and phrases which are defined in the Personal Property Securities Act 2009 (Cth) have the same meaning in general condition 11 7 unless the context requires otherwise.

Appears in 1 contract

Sources: Contract of Sale of Land

Release of Security Interest. 11.1 7.1 This general condition applies if any part of the property is subject to a security interest to which the Personal Property Securities Act 2009 (Cth) applies. 11.2 7.2 For the purposes of enabling the purchaser to search the Personal Property Securities Register for any security interests affecting any personal property for which the purchaser may be entitled to a release, statement, approval or correction in accordance with general condition 11.47.4, the purchaser may request the vendor to provide the vendor’s date of birth to the purchaser. The vendor must comply with a request made by the purchaser under this condition if the purchaser makes the request at least 21 days before the due date for settlement. 11.3 7.3 If the purchaser is given the details of the vendor’s date of birth under condition 11.27.2, the purchaser mustmust – (a) only Only use the vendor’s date of birth for the purposes specified in condition 11.27.2; and (b) keep Keep the date of birth of the vendor secure and confidential. 11.4 7.4 The vendor must ensure that at or before settlement, the purchaser receives – (a) a release from the secured party releasing the property from the security interest; or (b) a statement in writing in accordance with section 275(1)(b) of the Personal Property Securities Act 2009 (Cth) setting out that the amount or obligation that is secured is nil at settlement; or (c) a written approval or correction in accordance with section 275(1)(c) of the Personal Property Securities Act 2009 (Cth) indicating that, on settlement, the personal property included in the contract is not or will not be property in which the security interest is granted. 11.5 7.5 Subject to general condition 11.67.6, the vendor is not obliged to ensure that the purchaser receives a release, statement, approval or correction in respect of personal property - (a) that - (i) the purchaser intends to use predominately predominantly for personal, domestic or household purposes; and (ii) has a market value of not more than $5000 or, if a greater amount has been prescribed for the purposes of section 47(1) of the Personal Property Securities Act 2009 (Cth), not more than that prescribed amount; or (b) that is sold in the ordinary course of the vendor’s business of selling personal property of that kind. 11.6 7.6 The vendor is obliged to ensure that the purchaser receives a release, statement, approval or correction in respect of personal property described in general condition 11.5 7.5 if - (a) the personal property is of a kind that may or must be described by a serial number in the Personal Property Securities Register; or (b) the purchaser has actual or constructive knowledge that the sale constitutes a breach of the security agreement that provides for the security interest. 11.7 7.7 A release for the purposes of general condition 11.4(a7.4(a) must be in writing. 11.8 7.8 A release for the purposes of general condition 11.4(a7.4 (a) must be effective in releasing the goods from the security interest and be in a form which allows the purchaser to take title to the goods free of that security interest. 11.9 7.9 If the purchaser receives a release under general condition 11.47.4 (a) the purchaser must provide the vendor with a copy of the release at or as soon as practicable after settlement. 11.10 7.10 In addition to ensuring that a release is received under general condition 11.4(acondition7.4(a), the vendor must ensure that at or before settlement the purchaser receives a written undertaking from a secured party to register a financing change statement to reflect that release if the property being released includes goods of a kind that are described by serial number in the Personal Property Securities Register. 11.11 7.11 The purchaser must advise the vendor of any security interest that is registered on or before the day of sale on the Personal Property Securities Properties Security Register, which the purchaser reasonably requires to be released, at least 21 days before the due date for settlement. 11.12 7.12 The vendor may delay settlement until 21 days after the purchaser advises the vendor of the security interests that the purchaser reasonably requires to be released if the purchaser does not provide an advice under general condition 11.117.11. 11.13 7.13 If settlement is delayed under general condition 11.12, 7.12 the purchaser must pay the vendor - (a) interest from the due date for settlement until the date on which settlement occurs or 21 days after the vendor receives the advice, whichever is the earlier; and (b) any reasonable costs incurred by the vendor as a result of the delay - as though the purchaser was in default. 11.14 7.14 The vendor is not required to ensure that the purchaser receives a release in respect of the land. This general condition 11.14 7.14 applies despite general condition 11.17.1. 11.15 7.15 Words and phrases which are defined in the Personal Property Securities Act 2009 (Cth) have the same meaning in general condition 11 7 unless the context requires otherwise.

Appears in 1 contract

Sources: Contract of Sale of Real Estate

Release of Security Interest. 11.1 7.1 This general condition applies if any part of the property is subject to a security interest to which the Personal Property Securities Act 2009 (Cth) applies. 11.2 7.2 For the purposes of enabling the purchaser to search the Personal Property Securities Register for any security interests affecting any personal property for which the purchaser may be entitled to a release, statement, approval or correction in accordance with general condition 11.47.4, the purchaser may request the vendor to provide the vendor’s date of birth to the purchaser. The vendor must comply with a request made by the purchaser under this condition if the purchaser makes the request at least 21 days before the due date for settlement. 11.3 7.3 If the purchaser is given the details of the vendor’s date of birth under general condition 11.27.2, the purchaser must (a) only use the vendor’s date of birth for the purposes specified in general condition 11.27.2; and (b) keep the date of birth of the vendor secure and confidential. 11.4 7.4 The vendor must ensure that at or before settlement, the purchaser receives –receives— (a) a release from the secured party releasing the property from the security interest; or (b) a statement in writing in accordance with section 275(1)(b) of the Personal Property Securities Act 2009 (Cth) setting out that the amount or obligation that is secured is nil at settlement; or (c) a written approval or correction in accordance with section 275(1)(c) of the Personal Property Securities Act 2009 (Cth) indicating that, on settlement, the personal property included in the contract is not or will not be property in which the security interest is granted. 11.5 7.5 Subject to general condition 11.67.6, the vendor is not obliged to ensure that the purchaser receives a release, statement, approval or correction in respect of personal property -property— (a) that –that— (i) the purchaser intends to use predominately predominantly for personal, domestic or household purposes; and (ii) has a market value of not more than $5000 or, if a greater amount has been prescribed for the purposes of section 47(1) of the Personal Property Securities Act 2009 (Cth), not more than that prescribed amount; or (b) that is sold in the ordinary course of the vendor’s business of selling personal property of that kind. 11.6 7.6 The vendor is obliged to ensure that the purchaser receives a release, statement, approval or correction in respect of personal property described in general condition 11.5 if -7.5 if— (a) the personal property is of a kind that may or must be described by a serial number in the Personal Property Securities Register; or (b) the purchaser has actual or constructive knowledge that the sale constitutes a breach of the security agreement that provides for the security interest. 11.7 7.7 A release for the purposes of general condition 11.4(a7.4(a) must be in writing. 11.8 7.8 A release for the purposes of general condition 11.4(a7.4 (a) must be effective in releasing the goods from the security interest and be in a form which allows the purchaser to take title to the goods free of that security interest. 11.9 7.9 If the purchaser receives a release under general condition 11.47.4 (a) the purchaser must provide the vendor with a copy of the release at or as soon as practicable after settlement. 11.10 7.10 In addition to ensuring that a release is received under general condition 11.4(a7.4(a), the vendor must ensure that at or before settlement the purchaser receives a written undertaking from a secured party to register a financing change statement to reflect that release if the property being released includes goods of a kind that are described by serial number in the Personal Property Securities Register. 11.11 7.11 The purchaser must advise the vendor of any security interest that is registered on or before the day of sale on the Personal Property Securities Register, which the purchaser reasonably requires to be released, at least 21 days before the due date for settlement. 11.12 7.12 The vendor may delay settlement until 21 days after the purchaser advises the vendor of the security interests that the purchaser reasonably requires to be released if the purchaser does not provide an advice under general condition 11.117.11. 11.13 7.13 If settlement is delayed under general condition 11.12, 7.12 the purchaser must pay the vendor -vendor— (a) interest from the due date for settlement until the date on which settlement occurs or 21 days after the vendor receives the advice, whichever is the earlier; and (b) any reasonable costs incurred by the vendor as a result of the delay - delay— as though the purchaser was in default. 11.14 7.14 The vendor is not required to ensure that the purchaser receives a release in respect of the land. This general condition 11.14 7.14 applies despite general condition 11.17.1. 11.15 7.15 Words and phrases which are defined in the Personal Property Securities Act 2009 (Cth) have the same meaning in general condition 11 7 unless the context requires otherwise.

Appears in 1 contract

Sources: Contract of Sale of Land

Release of Security Interest. 11.1 7.1 This general condition applies if any part of the property is subject to a security interest to which the Personal Property Securities Act 2009 (Cth) applies. 11.2 7.2 For the purposes of enabling the purchaser to search the Personal Property Securities Register for any security interests affecting any personal property for which the purchaser may be entitled entitles to a release, statement, approval or correction in accordance with general condition 11.47.4, the purchaser may request the vendor to provide the vendor’s 's date of birth to the purchaser. The vendor must comply with a request made by the purchaser under this condition if the purchaser makes the request at least 21 days before the due date for settlement. 11.3 7.3 If the purchaser is given the details of the vendor’s 's date of birth under condition 11.27.2, the purchaser must: (a) only use the vendor’s 's date of birth for the purposes specified in condition 11.27.2; and (b) keep the date of birth of the vendor secure and confidential. 11.4 7.4 The vendor must ensure that at or before settlement, the purchaser receives –receives— (a) a release from the secured party releasing the property from the security interest; or (b) a statement in writing in accordance with section 275(1)(b) of the Personal Property Securities Act 2009 (Cth) setting out that the amount or obligation that is secured is nil at settlement; or (c) a written approval or correction in accordance with section 275(1)(c) of the Personal Property Securities Act 2009 (Cth) indicating that, on settlement, the personal property included in the contract is not or will not be property in which the security interest is granted. 11.5 7.5 Subject to general condition 11.67.6, the vendor is not obliged to ensure that the purchaser receives a release, statement, approval or correction in respect of personal property - (a) that – (i) the purchaser intends to use predominately predominantly for personal, domestic or household purposes; and (ii) has a market value of not more than $5000 or, if a greater amount has been prescribed for the purposes of section 47(1) of the Personal Property Securities Act 2009 (Cth), not more than that prescribed amount; amount or; (b) that is sold in the ordinary course of the vendor’s 's business of selling personal property of that kind. 11.6 7.6 The vendor is obliged to ensure that the purchaser receives a release, statement, approval or correction in respect of personal property described in general condition 11.5 7.5 if - (a) the personal property is of a kind that may or must be described by a serial number in the Personal Property Securities Register; or (b) the purchaser has actual or constructive knowledge that the sale constitutes a breach of the security agreement that provides for the security interest. 11.7 7.7 A release for the purposes of general condition 11.4(a7.4(a) must be in writing. 11.8 7.8 A release for the purposes of general condition 11.4(a7.4(a) must be effective in releasing the goods good from the security interest and be in a form which allows the purchaser to take title to the goods free of that security interest. 11.9 7.9 If the purchaser receives a release under general condition 11.47.4 (a) the purchaser must provide the vendor with a copy of the release at or as soon as practicable after settlement. 11.10 7.10 In addition to ensuring that a release is received under general condition 11.4(a7.4(a), the vendor must ensure that at or before settlement the purchaser receives a written undertaking from a secured party to register a financing change statement to reflect that release if the property being released includes goods of a kind that are described by serial number in the Personal Property Securities Register. 11.11 7.11 The purchaser must advise the vendor of any security interest that is registered on or before the day of sale on the Personal Property Securities Register, which the purchaser reasonably requires to be released, released at least 21 days before the due date for settlement. 11.12 7.12 The vendor may delay settlement until 21 days after the purchaser advises the vendor of the security interests that the purchaser reasonably requires to be released if the purchaser does not provide an advice under general condition 11.117.11. 11.13 7.13 If settlement is delayed under general condition 11.127.12, the purchaser must pay the vendor -vendor- (a) interest from the due date for settlement until the date on which settlement occurs or 21 days after the vendor receives the advice, whichever is the earlier; and (b) any reasonable costs incurred by the vendor as a result of the delay - delay- as though the purchaser was in default. 11.14 7.14 The vendor is not required to ensure that the purchaser receives a release in respect of the land. This general condition 11.14 7.14 applies despite general condition 11.17.1. 11.15 7.15 Words and phrases which are defined in the Personal Property Securities Act 2009 (Cth) have the same meaning in general condition 11 7 unless the context requires otherwise.

Appears in 1 contract

Sources: Contract of Sale

Release of Security Interest. 11.1 This general condition applies if any part of the property is subject to a security interest to which the Personal Property Securities Act 2009 (Cth) applies. 11.2 For the purposes of enabling the purchaser to search the Personal Property Securities Register for any security interests affecting any personal property for which the purchaser may be entitled to a release, statement, approval or correction in accordance with general condition 11.4, the purchaser may request the vendor to provide the vendor’s date of birth to the purchaser. The vendor must comply with a request made by the purchaser under this condition if the purchaser makes the request at least 21 days before the due date for settlement. 11.3 If the purchaser is given the details of the vendor’s date of birth under general condition 11.2, the purchaser must (a) only use the vendor’s date of birth for the purposes specified in general condition 11.2; and (b) keep the date of birth of the vendor secure and confidential. 11.4 The vendor must ensure that at or before settlement, the purchaser receives –receives— (a) a release from the secured party releasing the property from the security interest; or (b) a statement in writing in accordance with section 275(1)(b) of the Personal Property Securities Act 2009 (Cth) setting out that the amount or obligation that is secured is nil at settlement; or (c) a written approval or correction in accordance with section 275(1)(c) of the Personal Property Securities Act 2009 (Cth) indicating that, on settlement, the personal property included in the contract is not or will not be property in which the security interest is granted. 11.5 Subject to general condition 11.6, the vendor is not obliged to ensure that the purchaser receives a release, statement, approval or correction in respect of personal property -property— (a) that –that— (i) the purchaser intends to use predominately predominantly for personal, domestic or household purposes; and (ii) has a market value of not more than $5000 or, if a greater amount has been prescribed for the purposes of section 47(1) of the Personal Property Securities Act 2009 (Cth), not more than that prescribed amount; or (b) that is sold in the ordinary course of the vendor’s business of selling personal property of that kind. 11.6 The vendor is obliged to ensure that the purchaser receives a release, statement, approval or correction in respect of personal property described in general condition 11.5 if -if— (a) the personal property is of a kind that may or must be described by a serial number in the Personal Property Securities Register; or (b) the purchaser has actual or constructive knowledge that the sale constitutes a breach of the security agreement that provides for the security interest. 11.7 A release for the purposes of general condition 11.4(a) must be in writing. 11.8 A release for the purposes of general condition 11.4(a) must be effective in releasing the goods from the security interest and be in a form which allows the purchaser to take title to the goods free of that security interest. 11.9 If the purchaser receives a release under general condition 11.4 (a11.4(a) the purchaser must provide the vendor with a copy of the release at or as soon as practicable after settlement. 11.10 In addition to ensuring that a release is received under general condition 11.4(a7.4(a), the vendor must ensure that at or before settlement the purchaser receives a written undertaking from a secured party to register a financing change statement to reflect that release if the property being released includes goods of a kind that are described by serial number in the Personal Property Securities Register. 11.11 The purchaser must advise the vendor of any security interest that is registered on or before the day of sale on the Personal Property Securities Register, which the purchaser reasonably requires to be released, at least 21 days before the due date for settlement. 11.12 The vendor may delay settlement until 21 days after the purchaser advises the vendor of the security interests that the purchaser reasonably requires to be released if the purchaser does not provide an advice under general condition 11.11. 11.13 If settlement is delayed under general condition 11.12, 11.12 the purchaser must pay the vendor -vendor— (a) interest from the due date for settlement until the date on which settlement occurs or 21 days after the vendor receives the advice, whichever is the earlier; and (b) any reasonable costs incurred by the vendor as a result of the delay - delay— as though the purchaser was in default. 11.14 The vendor is not required to ensure that the purchaser receives a release in respect of the land. This general condition 11.14 1.14 applies despite general condition 11.1. 11.15 Words and phrases which are defined in the Personal Property Securities Act 2009 (Cth) have the same meaning in general condition 11 unless the context requires otherwise.

Appears in 1 contract

Sources: Contract of Sale of Land

Release of Security Interest. 11.1 7.1 This general condition applies if any part of the property is subject to a security interest to which the Personal Property Securities Act 2009 (Cth) applies. 11.2 7.2 For the purposes of enabling the purchaser to search the Personal Property Securities Register for any security interests affecting any personal property for which the purchaser may be entitled to a release, statement, approval or correction in accordance with general condition 11.47.4, the purchaser may request the vendor to provide the vendor’s date of birth to the purchaser. The vendor must comply with a request made by the purchaser under this condition if the purchaser makes the request at least 21 days before the due date for settlement. 11.3 7.3 If the purchaser is given the details of the vendor’s date of birth under condition 11.27.2, the purchaser must (a) only use the vendor’s date of birth for the purposes specified in condition 11.27.2; and (b) keep the date of birth of the vendor secure and confidential. 11.4 7.4 The vendor must ensure that at or before settlement, the purchaser receives – (a) a release from the secured party releasing the property from the security interest; or (b) a statement in writing in accordance with section 275(1)(b) of the Personal Property Securities Act 2009 (Cth) setting out that the amount or obligation that is secured is nil at settlement; or (c) a written approval or correction in accordance with section 275(1)(c) of the Personal Property Securities Act 2009 (Cth) indicating that, on settlement, the personal property included in the contract is not or will not be property in which the security interest is granted. 11.5 7.5 Subject to general condition 11.67.6, the vendor is not obliged to ensure that the purchaser receives a release, statement, approval or correction in respect of personal property - (a) that - (i) the purchaser intends to use predominately for personal, domestic or household purposes; and (ii) has a market value of not more than $5000 or, if a greater amount has been prescribed for the purposes of section 47(1) of the Personal Property Securities Act 2009 (Cth), not more than that prescribed amount; or (b) that is sold in the ordinary course of the vendor’s business of selling personal property of that kind. 11.6 7.6 The vendor is obliged to ensure that the purchaser receives a release, statement, approval or correction in respect of personal property described in general condition 11.5 7.5 if - (a) the personal property is of a kind that may be described by a serial number in the Personal Property Securities Register; or (b) the purchaser has actual or constructive knowledge that the sale constitutes a breach of the security agreement that provides for the security interest. 11.7 7.7 A release for the purposes of general condition 11.4(a7.4(a) must be in writing. 11.8 7.8 A release for the purposes of general condition 11.4(a7.4 (a) must be effective in releasing the goods from the security interest and be in a form which allows the purchaser to take title to the goods free of that security interest. 11.9 7.9 If the purchaser receives a release under general condition 11.47.4 (a) the purchaser must provide the vendor with a copy of the release at or as soon as practicable after settlement. 11.10 7.10 In addition to ensuring a release is received under general condition 11.4(a7.4(a), the vendor must ensure that at or before settlement the purchaser receives a written undertaking from a secured party to register a financing change statement to reflect that release if the property being released includes goods of a kind that are described by serial number in the Personal Property Securities Register. 11.11 7.11 The purchaser must advise the vendor of any security interest that is registered on or before the day of sale on the Personal Property Securities Register, which the purchaser reasonably requires to be released, at least 21 days before the due date for settlement. 11.12 7.12 The vendor may delay settlement until 21 days after the purchaser advises the vendor of the security interests that the purchaser reasonably requires to be released if the purchaser does not provide an advice under general condition 11.11.7.11 11.13 7.13 If settlement is delayed under general condition 11.127.12, the purchaser must pay the vendor - (a) interest from the due date for settlement until the date on which settlement occurs or 21 days after the vendor receives the advice, whichever is the earlier; and (b) any reasonable costs incurred by the vendor as a result of the delay - as though the purchaser was in default. 11.14 7.14 The vendor is not required to ensure that the purchaser receives a release in respect of the land. This general condition 11.14 7.14 applies despite general condition 11.17.1. 11.15 7.15 Words and phrases which are defined in the Personal Property Securities Act 2009 (Cth) have the same meaning in general condition 11 7 unless the context requires otherwise.

Appears in 1 contract

Sources: Contract of Sale of Real Estate