You may find a registration on the PPSR that you don’t think should be there. If you do, you may be able to ask us to remove it.
Imagine you were trying to sell your car but you couldn't because there was a registration still against it; this might be from a loan you have previously paid off. You might want to use this process to apply to have the registration removed.
You’ll need to make sure you follow the right process when asking us to remove a registration. The law in this area is very strict about:
- who can request a removal
- the processes that need to be followed
- what is needed for us to decide to remove a registration.
When we make a decision we need to involve the person who made the registration (secured party). Once we make our decision to either remove or keep the registration, you have a right to appeal our decision if you’re not happy with it.
There are circumstances where we can’t accept your request and make a decision. If we can’t consider your request, you may want to talk to a lawyer about other possible options you have.
You can also ask someone to change a registration instead of remove it. For more information, see Amendment Demand process.
Who can make a request to remove a registration
You can only request to have a registration removed if you have an interest in the property that the registration is made over. This includes things such as owning the property or having a security interest in it.
An example of when you might not have an interest is if you have sold or disposed of the property.
If you are unsure if you have an interest in the property, then you may want to get some legal advice.
The process you need to follow
Contact the person who made the registration.
If you haven't already, you should do a PPSR search to get the contact details of the person who made the registration (the secured party).
Consider calling them first
The quickest and easiest way to sort things out is to phone the secured party and ask if they will remove the registration. Often they will agree — for example, because they had made a mistake — and this is all you’ll need to do.
Send them a written request
If you can't call them or they don't agree, write them an email or letter asking them to remove the registration. This is known as an ‘amendment demand’. By law it has to include:
- the registration number
- a request to remove the registration
- your name and contact details
- the ‘giving of notice identifier’ (GONI) if the registration shows one.
Attach a copy of your search certificate to the demand (this will show the registration number and GONI). If you don't have it, you can easily get a copy of your search from the PPSR at no cost.
You can use our sample amendment demand to help you.
By law, you need to send the demand letter to the ‘address for service’ for the registration. That address is on your search certificate under ‘PPSR Registration Details’. You can send the demand to the email and/or postal address.
If the secured party is a deregistered company, send your letter to the address for service but also send a copy to ASIC:
Australian Securities and Investments Commission (ASIC)
Post: Property Law Group, GPO Box 9827, Brisbane, Qld 4001
Wait five business days
After you send the letter, you must wait at least five business days to give them time to remove the registration.
You can use our Business Days Calculator to check when the five days ends.
Apply to us or to a court
If the secured party hasn’t removed the registration after five business days, you can either:
- apply to us to remove the registration or
- apply to a court to get an order to remove the registration.
Decide which option is better for you
Applying to us is free. But keep in mind that:
- we can only make a decision about the registration and can't resolve other disputes which may relate to this decision - see what we can't do
- because of our legal obligations, our process can take weeks or even months before a decision can be made.
It may be better to seek an order from a court if:
- you need to remove the registration urgently — for example, you’re trying to sell the property
- your matter is part of a wider dispute.
If you decide to apply to us, submit an ‘amendment statement’
To apply to us to remove the registration:
- send us the amendment statement form — for it to be valid, you need to fill in all the required information
- send us copies of
- the amendment demand letter you sent
- any response from the secured party
- any other evidence that supports your request.
We contact the secured party
When we get your valid amendment statement, we send a notice to the secured party and let you know that we’ve sent it. We ask them to remove the registration or explain why we shouldn’t remove it. They have at least five business days to either remove the registration or tell us why we shouldn't.
Removing a registration can have serious consequences, so we have to give them a fair chance to defend it.
We consider their response
After we get their response, we may need to go back to you for more information and then back to them again. This can happen several times, so the process can take a long time.
We make a decision
We base our decision on the information we have from you and from the secured party and any other relevant information.
If we decide to remove the registration, we’ll do so and email you to let you know.
If we decide not to remove the registration, we’ll email you to let you know. If you want to know why we made our decision, you can call and speak with us or you can send us an email asking for a 'statement of reasons'. We will send this to you within 28 days.
What we can't do
For example, we can’t:
- decide a provision in a contract is not binding or ineffective
- find that a contract is not binding
- resolve whether a debt has been fully paid
- settle property disputes such as in a divorce
- decide whose security interest has a higher priority
- remove security interests with a lower priority (except in specific circumstances).
If you’re unhappy with the decision
You can find out reasons for our decision by asking us for written reasons for the decision. We need this request in writing. We’ll send you a written statement of reasons within 28 days after receiving your request.
Apply for an Administrative Appeals Tribunal review
We don’t have a review process for changing our decision. If you want to appeal the decision, you need to apply to the Administrative Appeals Tribunal (AAT) for a ‘merits review’. This means the AAT takes a fresh look at the facts and the law and makes its own decision.
To find out how to apply, see the AAT website at: Administrative Appeals Tribunal (AAT) Applying for a review.
Make a complaint
If you’re unhappy with how we handled your request, you can make a complaint. To find out how, see Complaints and reviews on the AFSA website.
You can also make a complaint to the Commonwealth Ombudsman. To find out how, see their website at Commonwealth Ombudsman.
You can also make a freedom of information request about our decision-making process. To find out how, see the Office of the Australian Information Commissioner website.