Credit (Administration) (Prescribed Forms) Regulations 1999

i 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 ═══════════════ NOTES 5 -- 1 of 6 -- 1 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 1995 1 are called the Principal Regulations. -- 2 of 6 -- S.R. No. 105/1999 Credit (Administration) (Prescribed Forms) Regulations 1999 2 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. r. 5 -- 3 of 6 -- S.R. No. 105/1999 Credit (Administration) (Prescribed Forms) Regulations 1999 3 • 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. r. 6 -- 4 of 6 -- S.R. No. 105/1999 Credit (Administration) (Prescribed Forms) Regulations 1999 4 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 .". ═══════════════ r. 6 -- 5 of 6 -- S.R. No. 105/1999 Credit (Administration) (Prescribed Forms) Regulations 1999 5 NOTES 1 Reg. 4: S.R. No. 19/1995. Subsequently amended by S.R. No. 116/1996. Notes -- 6 of 6 --