Consumer Credit (Victoria) (Administration) Regulations 1996

i Consumer Credit (Victoria) (Administration) Regulations 1996 S.R. No. 116/1996 TABLE OF PROVISIONS Regulation Page 1. Objectives 1 2. Authorising provisions 1 3. Commencement 2 4. Revocation 2 5. Definitions 2 6. Transfer of proceedings from court to Tribunal 2 7. Transfer of proceedings from Tribunal to court 2 8. Application for registration 3 9. Notice of changes 4 10. Annual statement 5 ═══════════════ NOTES 6 -- 1 of 7 -- 1 STATUTORY RULES 1996 S.R. No. 116/1996 Consumer Credit (Victoria) Act 1995 Credit (Administration) Act 1984 Consumer Credit (Victoria) (Administration) Regulations 1996 The Governor in Council makes the following Regulations: Dated: 29 October 1996 Responsible Minister: JAN WADE Minister for Fair Trading A. WILTSHIRE Acting Clerk of the Executive Council 1. Objectives The objectives of these Regulations are— (a) to provide for the transfer of proceedings between the Credit Tribunal and courts; 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, 13, 21, 24 and 41 of the Consumer Credit (Victoria) Act 1995 and section 95 of the Credit (Administration) Act 1984. -- 2 of 7 -- S.R. No. 116/1996 Consumer Credit (Victoria) (Administration) Regulations 1996 2 3. Commencement These Regulations come into operation on 1 November 1996. 4. Revocation Regulations 7, 9 and 11 of the Credit (Administration) Regulations 1995 1 are revoked. 5. Definitions In these Regulations— "the Act" means the Consumer Credit (Victoria) Act 1995; "the Tribunal" means the Credit Tribunal established under Part 5 of the Credit (Administration) Act 1984. 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. Transfer of proceedings from Tribunal to court (1) If a proceeding pending before the Tribunal is one which a court would also have jurisdiction to determine, the Tribunal may order that the proceeding be transferred to the Court and on being so transferred the proceeding must continue r. 3 -- 3 of 7 -- S.R. No. 116/1996 Consumer Credit (Victoria) (Administration) Regulations 1996 3 before the court as if it had been commenced in that Court. (2) An order under sub-regulation (1) may be made— (a) with the consent of the parties to the proceeding; or (b) by the Tribunal of its own motion, or on the application of a party to the proceeding. (3) Where a proceeding is transferred under sub- regulation (2) to a court the Credit Registrar must— (a) prepare and certify a copy of the record of the proceeding; and (b) deliver, or cause to be delivered, the whole of the record to the court. (4) In this regulation, "Credit Registrar" has the same meaning as in the Credit (Administration) Act 1984. 8. 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 and facsimile numbers (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; (d) the address and telephone number of each other person (if any) with whom the applicant carries on, or intends to carry on, r. 8 -- 4 of 7 -- S.R. No. 116/1996 Consumer Credit (Victoria) (Administration) Regulations 1996 4 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-regulation (1)(a) and (b); (b) the name and date 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; (d) the address of the Registered Office of the body (if different from the principal place of business in Victoria); (e) if not incorporated in Australia, the address, telephone and facsimile numbers of the body's chief office in Australia. 9. Notice of changes For the purposes of section 21 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, a change in the address of any partner; (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 r. 9 -- 5 of 7 -- S.R. No. 116/1996 Consumer Credit (Victoria) (Administration) Regulations 1996 5 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 prohibited from managing a corporation under section 229(3) of the Corporations Law; (c) in the case of a body corporate— (i) a change in any of the matters referred to in regulation 8(2)(b), (d) or (e); (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 Law 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. 10. Annual statement For the purposes of section 24(1) of the Act, the prescribed information is the information required— (a) under section 13(2)(a) to (f) of the Act; and (b) if the person is a natural person, under regulation 8(1)(a), (b) and (d); and (c) if the person is a body corporate, under regulation 8(2). ═══════════════ r. 10 -- 6 of 7 -- S.R. No. 116/1996 Consumer Credit (Victoria) (Administration) Regulations 1996 6 NOTES 1 S.R. No. 19/1995. Notes -- 7 of 7 --