What to do if you receive an amendment demand
You may have received a request (also referred to as an amendment demand) from someone who wants to dispute a registration you have on the PPSR. This request can be made when someone doesn’t agree that you have a security interest in the property (also known as “collateral”) that you have registered against.
Ideally, you and the person making the amendment demand will be able to settle the matter between yourselves.
However, if you can’t agree, then they can ask us to assist with their request to have your registration removed from the register. They can also ask us to assist with their request if you don't respond to them.
In both instances we will then send you an amendment notice.
You or the person making the request can also take the matter to court after an amendment demand is sent.
What to do if you receive an amendment notice
If you receive an amendment notice from us, this means that someone has requested our assistance to have your registration removed from the register.
We can get involved if you:
- have not ended or changed your registration (after receiving an amendment demand), or
- don't respond to the request to end or change your registration within five (5) business days from the date of the demand).
If you receive an amendment notice, you can:
- end or change your registration, if you agree that it should no longer be there or you agree with the changes asked for
- reply to us to object to the removal request, if you believe you have a valid registration that should remain on the PPSR; or
- take the matter to court.
It is very important that you respond to the amendment notice within the time frame set out in the amendment notice - generally five (5) business days. If you don’t respond in time, your registration could be removed from the PPSR by us.
You can contact us if you need more time to respond to the amendment notice and, depending on the circumstances, we may be able to provide an extension.
Read more about disputing a PPSR registration.
Ending your registration
If you agree that your registration should no longer be on the PPSR (maybe you just forgot to remove it), you should end the registration. Be sure to let us and the person who made the request know if you end your registration.
You’re obliged to end registrations in a timely manner. Read more about responsible PPSR registration management.
Objecting to the removal
If you believe the registration should not be removed from the PPSR, you will need to let us know and provide evidence to support your position, such as:
- a statement outlining why the registration should not be removed
- a signed copy of a relevant security agreement with terms and conditions
- an email, or written correspondence, which supports the existence of a security interest
- statements or invoices indicating the existence of a debt or other obligation secured by the property (collateral)
- any other evidence that shows an interest granted in the collateral.
Making a decision
After the timeframe to respond to the amendment notice has passed (usually five (5) business days from the date on the amendment notice), we consider all the evidence provided. From this we make our decision to remove (or not to remove) the registration. During this process we may contact you requesting further information.
We will write to inform you once we have made our decision,
Finding out more about the decision
If you would like further information about the decision, you can contact us by phone or email.
You also have the right to request written reasons for the decision. Your request must be in writing (via email or post) and be requested within 28 days of the decision being made. We will provide you with a written statement of reasons within 28 days of receiving your request.
Rights of review
You can apply to the Administrative Appeals Tribunal (AAT) for an external ‘merits review’ of the decision. That means the AAT will take a fresh look at the facts and law relating to the decision and arrive at its own decision.
To apply for a review of a decision by the AAT, you must be a person whose interests are affected by the decision (or acting on their behalf). Time limits and fees apply. For more information about how to apply, please visit: www.aat.gov.au/applying-for-a-review.
Misuse of the PPSR (such as intentionally making a false registration) can lead to an investigation, civil penalties, and even criminal charges. See Reporting suspected misuse of the PPSR.