Credit (Administration) Regulations 2004

Victorian Legislation and Parliamentary Documents i Credit (Administration) Regulations 2004 S.R. No. 167/2004 TABLE OF PROVISIONS Regulation Page 1. Objectives 1 2. Authorising provisions 1 3. Commencement 1 4. Revocation Regulation 1 5. Embargo Notice 2 __________________ SCHEDULE—Embargo Notice 3 ═══════════════ ENDNOTES 4 -- 1 of 5 -- Victorian Legislation and Parliamentary Documents 1 STATUTORY RULES 2004 S.R. No. 167/2004 Credit (Administration) Act 1984 Credit (Administration) Regulations 2004 The Governor in Council makes the following Regulations: Dated: 14 December 2004 Responsible Minister: JOHN LENDERS Minister for Consumer Affairs DIANE CASEY Clerk of the Executive Council 1. Objectives The objectives of these Regulations are to revoke the Credit (Administration) Regulations 1995 and to prescribe an embargo form authorised by the Credit (Administration) Act 1984. 2. Authorising provisions These Regulations are made under sections 32 and 95 of the Credit (Administration) Act 1984. 3. Commencement These Regulations come into operation on 1 February 2005. 4. Revocation Regulation The Credit (Administration) Regulations 19951 are revoked. -- 2 of 5 -- Victorian Legislation and Parliamentary Documents S.R. No. 167/2004 Credit (Administration) Regulations 2004 2 5. Embargo Notice For the purposes of section 32(1) of the Credit (Administration) Act 1984 an embargo notice must be in the form in the Schedule. __________________ r. 5 -- 3 of 5 -- Victorian Legislation and Parliamentary Documents S.R. No. 167/2004 Credit (Administration) Regulations 2004 3 SCHEDULE Regulation 4 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; or (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 not exceeding 10 penalty units. 3. Section 32(3) provides that 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. 4. Section 32(4) 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 ═══════════════ Sch. -- 4 of 5 -- Victorian Legislation and Parliamentary Documents S.R. No. 167/2004 Credit (Administration) Regulations 2004 4 ENDNOTES 1 Reg. 4: S.R. No. 19/1995. Reprint No. 1 as at 27 August 1998. Reprinted to S.R. No. 116/1996 and subsequently amended by S.R. Nos 105/1999 and 88/2004. Endnotes -- 5 of 5 --