Credit (Administration) (Prescribed Forms) Regulations 1999 (Vic)

Credit (Administration) (Prescribed Forms)

Regulations 1999

S.R. No. 105/1999

TABLE OF PROVISIONS

Regulation Page

1.	Objective	1
2.	Authorising provision	1
3.	Commencement	1
4.	Principal Regulations	1
5.	New regulation 11 inserted	2
11. Consent form and embargo form	2
6.	New Schedule 3 inserted	2
SCHEDULE 3	2
FORMS	2
Form 1—Entry, Search and Seizure Consent	2
Form 2—Embargo Notice	3

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NOTES 5

i

STATUTORY RULES 1999

S.R. No. 105/1999

Credit (Administration) Act 1984

Credit (Administration) (Prescribed Forms)

Regulations 1999

The Governor in Council makes the following Regulations:
Dated: 17 August 1999

Responsible Minister:

JAN WADE

Minister for Fair Trading

SHANNON DELLAMARTA

Acting Clerk of the Executive Council

1. Objective

The objective of these Regulations is to prescribe
certain forms for the purposes of the Credit

(Administration) Act 1984.

2. Authorising provision

These Regulations are made under section 95 of the Credit (Administration) Act 1984.

3. Commencement

These Regulations come into operation on

1 September 1999.

4. Principal Regulations

In these Regulations, the Credit (Administration)
Regulations 19951 are called the Principal
Regulations.

Credit (Administration) (Prescribed Forms) Regulations 1999

r. 5 S.R. No. 105/1999

5. New regulation 11 inserted

After regulation 10 of the Principal Regulations
insert—

"11. Consent form and embargo form

(1) The form for consent to entry, search and

seizure under section 26 of the Act is Form 1

in Schedule 3.

(2) The form for the embargo notice under

section 32(1) of the Act is Form 2 in

Schedule 3.".

6. New Schedule 3 inserted

After Schedule 2 of the Principal Regulations insert—

"SCHEDULE 3

FORMS

FORM 1

ENTRY, SEARCH AND SEIZURE CONSENT

Name of Authorising Act

Section of
Name of inspector

Details of premises

Name of occupier

Address

Consent to entry and search

Purpose of entry and search:

Statement of occupier:

• The inspector has informed me of the purpose of the search.

Credit (Administration) (Prescribed Forms) Regulations 1999

S.R. No. 105/1999 r. 6

• I have been informed that I may refuse consent to the entry and search
of the premises.

• I have been informed that anything seized or taken with my consent
during the search may be used in evidence in proceedings.

• I consent to the entry and search of the premises.

Signature of occupier Date Time

Consent to seizure and taking

Items to be seized:
Statement of occupier:
I consent to the seizure and taking of any items listed.

Signature of occupier Date Time

__________________

FORM 2

EMBARGO NOTICE

Credit (Administration) Act 1984

Section 32

1. The item described below has been embargoed under section 32 of the Credit (Administration) Act 1984.

2.    Section 32(2) provides that a person who knows that an embargo notice relates to a thing and who—

(a) sells;
(b) leases; or

(c) without the written consent of the inspector who issued the embargo notice moves; or

(d) transfers; or

(e) otherwise deals with—

the thing or any part of the thing is guilty of an offence and liable to a
penalty of $1000.

3.    It is a defence to a prosecution for such an offence to prove that the thing or part of the thing was moved for the purpose of protecting and preserving it.

Credit (Administration) (Prescribed Forms) Regulations 1999

r. 6 S.R. No. 105/1999

4. Section 32 of the Credit (Administration) Act 1984 provides that despite anything in any other Act, a sale, lease, transfer or other dealing with a thing in contravention of that section is void.

Description of embargoed item
This notice has been—
! served on (name)
! affixed to the item described above
Signature of inspector
Name of inspector

Telephone number Date Time .".

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Credit (Administration) (Prescribed Forms) Regulations 1999

S.R. No. 105/1999 Notes

NOTES

1 Reg. 4: S.R. No. 19/1995. Subsequently amended by S.R. No. 116/1996.