6AAInformation to be provided for means test (Act s. 21C, 21D, 21E, 33, 34, 35, 47 and 52F)

6AA. Information to be provided for means test (Act s. 21C, 21D, 21E, 33, 34, 35, 47 and 52F)

(1) This regulation applies to —

(a) a person who is undergoing a means test under any of the following sections —

(i) section 21C(1);

(ii) section 21D(2);

(iii) section 21E(1);

(iv) section 33(1);

(v) section 34(3);

(vi) section 35(1);

(vii) section 47(3);

(viii) section 52F(2);

and

(b) a person or body who makes an application under section 52E(1) on behalf of an offender who is required to undertake a means test under section 52F(2).

(2) For the purposes of the means test, the Registrar may require the person or body to provide information, in the form approved by the Registrar, in relation to the following —

(a) in the case of a person referred to in subregulation (1)(a) — the person’s financial circumstances and capacity to pay the relevant amount, including information in relation to the person’s income, assets, liabilities and personal circumstances;

(b) in the case of a person or body referred to in subregulation (1)(b) — the offender’s financial circumstances and capacity to pay the relevant amount, including information in relation to the offender’s income, assets, liabilities and personal circumstances.

(3) The Registrar may require the person or body to verify information provided in compliance with a requirement under subregulation (2) by a statutory declaration or by any other means.

(4) The person or body commits an offence if, in compliance or purported compliance with a requirement under subregulation (2), the person or body —

(a) provides any statement, information, document or other evidence that the person or body knows is false or misleading in a material particular; or

(b) omits anything without which a statement, information, document or other evidence provided is, to the person’s or body’s knowledge, misleading in a material particular.

Penalty for this subregulation: a fine of $2 000.

[Regulation 6AA inserted: SL 2020/167 r. 9.]