Victorian Numbered Regulations

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INFRINGEMENTS REGULATIONS 2016 (SR NO 56 OF 2016) - REG 29

Statement of financial circumstances

    (1)     For the purposes of section 120(2)(d) of the Act, the prescribed details to be included in a written statement setting out the financial circumstances of a natural person are the following—

        (a)     the name and address and, if known, the date of birth of the person;

        (b)     whether the person is renting at the address stated;

        (c)     the number of dependants in the person's care (if any);

        (d)     any land or building that the person owns or is buying;

        (e)     any motor vehicle that the person owns or is buying;

        (f)     any money that the person is owed;

        (g)     the employment status of the person, including the name of the person's employer or previous employer;

        (h)     the income of the person after tax and compulsory superannuation is deducted, including any sources of income apart from that person's primary employment;

              (i)     details of any accounts held by the person at a financial institution;

        (j)     any cash money readily available to the person;

        (k)     details of any other property or assets held by the person;

        (l)     the weekly expenses of the person;

        (m)     whether there are any unpaid court orders or fines against the person;

        (n)     details of any other sums of money owed by the person;

        (o)     details of any business in which the person has an interest.

    (2)     For the purposes of section 120(2)(d) of the Act, the prescribed details to be included in a written statement setting out the financial circumstances of a body corporate are the following—

        (a)     the name and address of the officer of the body corporate being examined;

        (b)     the position held by the officer in the body corporate;

        (c)     the address of the registered office of the body corporate;

        (d)     whether the body corporate is registered by the Australian Securities and Investments Commission, and the ACN of the body corporate;

        (e)     whether the body corporate is still trading;

        (f)     the nature of the business of the body corporate;

        (g)     the address at which the body corporate conducts its business;

        (h)     the body corporate's average weekly turnover;

              (i)     any money owed to the body corporate;

        (j)     details of any accounts held by the body corporate at a financial institution;

        (k)     the most up to date balance sheet available for the body corporate;

        (l)     details of any other assets held by the body corporate;

        (m)     whether there is a registered debenture over the assets of the body corporate;

        (n)     whether there are any unpaid court orders or fines against the body corporate;

        (o)     details of any other sums of money owed by the body corporate;

        (p)     details of any profit and loss statement produced for the body corporate.

    (3)     For the purposes of section 120(2)(e) of the Act, the other prescribed details to be contained in a summons are the following—

        (a)     the name and address of the person being summonsed;

        (b)     if an infringement warrant has been issued, the infringement warrant number;

        (c)     the date of the enforcement order, the infringement court number of the enforcement order, and the amount of infringement penalty and prescribed costs ordered to be paid;

        (d)     a record of any amounts paid by the person since the enforcement order was made, and the amount that remains outstanding under any enforcement order made;

        (e)     a statement that the person is summonsed to attend before the Court to be orally examined about the person's financial circumstances;

        (f)     the date of issue of the summons.

Division 1—Attachment of earnings orders



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