General conditions of use

Introduction

  1. Access to and use of the PPSR and PPSR Information is subject to you complying with the current version (as notified to you) of:
    1. these PPSR General Conditions of Use
      and as relevant to your access to and use of the PPSR and PPSR Information:
    2. the PPSR Account Customer Terms and Conditions;
    3. the AFSA Credit Application - Terms and Conditions;
    4. the PPSR B2G Access Terms and Conditions; and
    5. all terms and condition relating to any relevant Third Party Facility.
  2. Where you use the PPSR in any way that suggests your use is in the capacity of a representative of an organisation, you represent and warrant to us that such use is duly authorised by that organisation.
  3. You must ensure that all information and material of any kind you provide to us:
    1. is true, complete and fully correct;
    2. is not in any way misleading or deceptive;
    3. is updated as necessary to ensure that at all times it remains true, complete, fully correct and not in any way misleading or deceptive; and
    4. is duly authorised to be provided to us and to be used by us and, as relevant, for it to included in the PPSR and made available as PPSR Information, and that such provision and use will not breach any law or infringe any right of any person.
  4. You must strictly comply with all laws relevant to your access and use of the PPSR and PPSR information.
  5. You must promptly provide us with any information we request in respect to your access to or use of the PPSR or PPSR information.
  6. You must strictly comply with all instructions and guidance we advise to you in respect to the PPSR, PPSR Information or any related matter.
  7. You acknowledge that you obtain no rights in, or in respect to, PPSR Information or the PPSR other than such express rights to access and use the PPSR and PPSR Information as may be created by reason of these PPSR General Conditions of Use or relevant terms and conditions as set out in section 1.
  8. Except as may be specifically authorised by the Act or approved by us in writing, you must:
    1. only access and use the PPSR and PPSR Information exclusively for your own purposes (or if your use is in the capacity of a representative of an organisation, exclusively for the purposes of that organisation);
    2. not collect, store or use PPSR Information for any purpose associated with the provision, or potential provision of, an information service to any person; and
    3. not use (or condone or be involved with the use of) the PPSR for Unauthorised Purpose.
  9. You acknowledge that:
    1. knowingly providing false or misleading information to a person including the Commonwealth can amount to an offence under section 137.1 of the Criminal Code (Cth);
    2. knowingly producing false or misleading documents to a person including the Commonwealth can amount to an offence under section 137.2 of the Criminal Code (Cth);
    3. use of the PPSR and PPSR Information otherwise than is authorised by the Act could involve conduct that amounts to an offence and / or expose you to potential civil penalties and / or liability for damages and may involve interference with the privacy of an individual in breach of the Privacy Act 1988; and
    4. all relevant requirements of the Act, including in respect to payment of relevant fees and charges, must be met before information can be validly registered in the PPSR or access given to relevant PPSR Information or relevant PPSR functionality or features.
  10. Personal information provided by you will be treated in accordance with the Australian Privacy Principles contained in the Privacy Act 1988 (Cth). The Australian Financial Security Authority's (AFSA's) privacy policy provides further information regarding the collection, storage, use and disclosure of personal information, and can be accessed at www.afsa.gov.au/privacy, or you can request a copy from AFSA.

    Ways to access the PPSR

  11. There are multiple ways in which you can conduct dealings with the PPSR (for example via the PPSR website, by mail, by facsimile and by the PPSR contact centre). You should use the access method that best suits your needs and ensure you are aware of how to conduct your dealings with the PPSR by other available means should the need arise.

    PPSR Accounts

  12. You must have a current account in respect to the PPSR to be able to access and use various PPSR facilities (including pre-pay and invoiced account payment options and B2G interface access). To obtain a PPSR account you must provide us with requested information, properly identify yourself and satisfy us that you meet all relevant requirements to qualify to hold a PPSR account and agree to be bound by the PPSR Account Customer Terms and Conditions.

    Your facilities

  13. You must provide everything that you need to access and use the PPSR and ensure that it is properly configured and meets all relevant requirements.

    The PPSR is provided 'as is' and 'as available'

  14. The PPSR has been implemented in a technical environment that is designed to provide high availability and be fault tolerant. However, as with any technology based facility, the speed and characteristics of the PPSR will vary at different times and under different circumstances and the PPSR may not always work as described, and may be subject to faults, interruption or breakdown or be fully or partially unavailable. In addition, the accuracy of PPSR Information is dependent on its source. You acknowledge and agree that PPSR Information and your access to and use of the PPSR is on an ‘as is, as available’ basis only.

    Security

  15. You must comply with all security procedures and take all reasonable action to protect and maintain the security of your access to and use of the PPSR, including, without limitation, in respect to choice of passwords, changing passwords and maintaining the security of all usernames, passwords, tokens, access codes, encryption keys and other information relating to access, authentication or security relating to the PPSR.
  16. You must take all reasonable action to prevent and detect unauthorised use of the PPSR.
  17. You must take all reasonable action to ensure that your access to and use of the PPSR (without limitation including any information or material you submit to us) will not disrupt or adversely affect the PPSR or our operations.
  18. You must immediately notify us if you know or suspect that access or authentication security information has been compromised or any other kind of unauthorised use or security breach has occurred, or if you detect a fault, error or problem in the PPSR or PPSR Data.

    Updates and changes to the PPSR

  19. The PPSR may be upgraded and its features, functionality and other characteristics may change from time to time. We will endeavour to provide reasonable notice of any changes that we consider are not routine and should be advised to users. You acknowledge that it may not be reasonably possible to provide notice in all circumstances and that in no event will we be obliged to provide notice exceeding 14 days.

    Suspension and Termination

  20. We may refuse access to the PPSR, or suspend its operation in whole or in part either for you as an organisation or as a specific user, or generally, at any time in accordance with the Act.

    Disclaimer and liability

  21. To the extent permitted by law, the PPSR and PPSR Information is made available without any representation or warranty of any kind (without limitation in respect to the accuracy of PPSR Information) and we have no liability to you in respect of any loss or damage that you might suffer no matter how arising (including negligence) that is directly or indirectly related to the PPSR, or PPSR Information.

    Notice

  22. Except where the Act otherwise provides, we may advise or notify you of any matter on or via any relevant PPSR channel (including by general or hyperlinked advice or notice on the PPSR website, by telephone, SMS, email, mail or facsimile to any relevant address you have provided to us).

    Definitions

  23. In these PPSR General Conditions of Use, unless the context implies a contrary intention, the following terms have the meaning set out below:
    • Act means the Personal Property Securities Act 2009 (Cth).
    • Commonwealth means Commonwealth of Australia.
    • personal information has the meaning defined in the Privacy Act 1988 (Cth).
    • PPSR means the Personal Property Securities register established under section 147 of the Act and associated data, information, material, applications, systems, functionality, infrastructure, websites (including any relevant Third Party Facility) or other things designated by us to form part of the 'PPSR'.
    • PPSR Information means all data, information and material of any kind (including data, information and material provided by a third party) contained in or made available via the PPSR.
    • Registrar means the Registrar of Personal Property Securities under the Act acting directly or by way of any relevant delegate.
    • Third Party Facility means any system, service, function, facility, data, information or material provided by or sourced by us from a third party.
    • Unauthorised Purpose includes any use that breaches or is inconsistent with the Act or that the Registrar otherwise determines is unauthorised.
    • we and us means the Registrar.
    • you means the relevant person using the PPSR and where your use is in a capacity as a representative of an organisation, means both you and that organisation.

THIRD PARTY DATA CONDITIONS

Austroads Ltd (ABN 16 245 787 323)

  1. Except as may be specifically authorised by the Act or approved by Austroads in writing, you must:
    1. only access and use NEVDIS Data exclusively for your own purposes (or if your use is in the capacity of a representative of an organisation, exclusively for the purposes of that organisation); and
    2. not collect, store or use NEVDIS Data for any purpose associated with the provision, or potential provision of, an information service to any person.
  2. You must not use (or condone or be involved with the use of) NEVDIS Data for any Unauthorised Purpose.
  3. You acknowledge that, to the extent permitted by law, NEVDIS Data is made available without any representation or warranty of any kind (without limitation in respect to the accuracy of NEVDIS Data) and we have no liability to you in respect of any loss or damage that you might suffer no matter how arising (including negligence) that is directly or indirectly related to the NEVDIS Data.
  • Act means the Personal Property Securities Act 2009 (Cth).
  • Austroads means Austroads Ltd ABN 16 245 787 323.
  • NEVDIS Data means motor vehicle information provided to you from the National Exchange of Vehicle and Driver Information System maintained by Austroads.
  • Unauthorised Purpose includes any use that breaches or is inconsistent with the Act or that the Registrar otherwise determines is unauthorised.
  • we and us means Austroads and any Australian State or Territory, Commonwealth or New Zealand government entity that from time to time provides information forming part of the NEVDIS Data.
  • you means the relevant person using the PPSR and where your use is in a capacity as a representative of an organisation, means both you and that organisation.