Consumer Credit (Victoria) (Administration) Regulations 2006

i Consumer Credit (Victoria) (Administration) Regulations 2006 S.R. No. 95/2006 TABLE OF PROVISIONS Regulation Page 1. Objectives 1 2. Authorising provisions 1 3. Commencement 1 4. Revocation 2 5. Definition 2 6. Transfer of proceedings from court to Tribunal 2 7. Application for registration 2 8. Notice of changes 3 ═══════════════ ENDNOTES 5 -- 1 of 6 -- 1 STATUTORY RULES 2006 S.R. No. 95/2006 Consumer Credit (Victoria) Act 1995 Consumer Credit (Victoria) (Administration) Regulations 2006 The Governor in Council makes the following Regulations: Dated: 25 July 2006 Responsible Minister: MARSHA THOMSON Minister for Consumer Affairs RUTH LEACH Clerk of the Executive Council 1. Objectives The objectives of these Regulations are— (a) to provide for the transfer of proceedings from the courts to the Victorian Civil and Administrative Tribunal; and (b) to prescribe matters to be included in an application for registration and other matters authorised by the Act. 2. Authorising provisions These Regulations are made under sections 8 and 41 of the Consumer Credit (Victoria) Act 1995. 3. Commencement These Regulations come into operation on 1 August 2006. -- 2 of 6 -- S.R. No. 95/2006 Consumer Credit (Victoria) (Administration) Regulations 2006 2 4. Revocation The Consumer Credit (Victoria) (Administration) Regulations 1996 1 are revoked. 5. Definition In these Regulations, "the Act" means the Consumer Credit (Victoria) Act 1995. 6. Transfer of proceedings from court to Tribunal (1) If a proceeding pending in a court is one which the Tribunal would also have jurisdiction to determine, the court may order that the proceeding be transferred to the Tribunal and on being so transferred the proceeding must continue before the Tribunal as if it had been commenced in the Tribunal. (2) An order under sub-regulation (1) may be made— (a) with the consent of the parties to the proceeding; or (b) by the court of its own motion, or on the application of a party to the proceeding. 7. Application for registration (1) For the purposes of section 13(2)(g) of the Act, if the applicant is a natural person, the following matters must also be specified in an application for registration— (a) the telephone number and facsimile number (if any) of the principal place of business of the applicant in Victoria; (b) the telephone number for each other address in Victoria at which the applicant carries on, or intends to carry on, a business of providing credit in Victoria; (c) the date and place of birth of the applicant; r. 4 -- 3 of 6 -- S.R. No. 95/2006 Consumer Credit (Victoria) (Administration) Regulations 2006 3 (d) the address and telephone number of each other person (if any) with whom the applicant carries on, or intends to carry on, business as a registered credit provider in partnership. (2) For the purposes of section 13(2)(g) of the Act, if the applicant is a body corporate, the following matters must also be specified in an application for registration— (a) the matters specified in sub-regulations (1)(a) and (1)(b); (b) the name and place of birth of the person having principal responsibility for the body corporate's business of providing credit in Victoria; (c) the Australian Company Number of the body corporate; (d) the address of the registered office of the body corporate (if different from the principal place of business in Victoria); (e) if not incorporated in Australia, the address, telephone number and facsimile number of the body corporate's principal office in Australia. 8. Notice of changes For the purposes of section 21(1) of the Act, a prescribed change is— (a) a change in any matter referred to in section 13(2)(a) to (f) of the Act; (b) in the case of a natural person— (i) if the person carries on the business of providing credit in partnership and a change in the address of any partner occurs; r. 8 -- 4 of 6 -- S.R. No. 95/2006 Consumer Credit (Victoria) (Administration) Regulations 2006 4 (ii) if the person becomes a bankrupt, applies to take the benefit of a law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration or any part of his or her property for their benefit; (iii) if the person becomes disqualified from managing a corporation under section 206B of the Corporations Act; (c) in the case of a body corporate— (i) if a change in any of the matters referred to in regulation 7(2)(b), 7(2)(d) or 7(2)(e) occurs; (ii) if the body corporate comes under official management, is commenced to be wound up or ceases to carry on business; (iii) if a receiver or a receiver and manager is appointed under the Corporations Act in respect of the property or part of the property of the body corporate; (iv) if the body corporate enters into a compromise or scheme of arrangement with its creditors. ═══════════════ r. 8 -- 5 of 6 -- S.R. No. 95/2006 Consumer Credit (Victoria) (Administration) Regulations 2006 5 ENDNOTES 1 Reg. 4: S.R. No. 116/1996 as amended by S.R. No. 62/2001. Endnotes -- 6 of 6 --