Request for 'historical' interests from closed register.
Personal Property Securities (Commonwealth Powers) Regulation 2012 (Schedule 1, Clause 4)
 An application for the issue of a copy of a previous certificate
 An application for the issue of a retrospective certificate or a copy of a retrospective certificate already issued
Transitional arrangements that apply to the closed NSW Register of Encumbered Vehicles (REVS), as a result of the COAG Personal Property Securities reforms, are provided for in the NSW Personal Property Security (Commonwealth Powers) Act 2009.
That Act (clause 7, schedule 1) enables Fair Trading to provide ‘historical’ information during the post – PPS transitional period (for 7 years from 30 January 2012), about any interests registered on the REVS register for a period of up to 7 years before 30 January 2012, relating to motor vehicles or boats. The information may be provided in the form of two types of certificate.
A copy of a section 8(1) certificate (‘previous certificate’) may be issued to a member of the public, who obtained their original certificate before the closure of REVS, and seeks a copy, for example, because they lost the original certificate. A section 8(1) certificate provides information about any interests that are registered with respect to a particular vehicle or boat, at the time and date of the issue of the certificate.
A section 8(5) certificate (‘retrospective certificate’) provides information about any interests on the Register, in relation to a particular vehicle or boat at an earlier time or period, before the certificate was issued. A consumer might request a section 8(5) certificate in circumstances where they did a ‘free REVS inquiry’ about a vehicle they were thinking of buying, and were advised that there was no interest recorded in REVS, and decided not to get a REVS certificate as evidence at the time. Later, a financier may claim they have a registered interest and a debt is owing on that. The consumer may apply for a section 8(5) certificate, as at the date of purchase of the car, which will show whether or not there was any interest registered on the vehicle at that time.