Australian Capital Territory Current Regulations Australian Capital Territory Current Regulations(1) At least 8 days before the date set for the enforcement hearing, the addressee for the enforcement hearing subpoena must file in the court a sworn statement of the enforcement debtor's financial position.
Note See approved form 2.52 (Statement of enforcement debtor's financial position) AF2006-297
.
(2) If the enforcement debtor receives regular payments (for example, wages or social security benefits), the statement of financial position must include—
(a) the dates the last 4 payments were received; and
(b) if the payments were paid to the enforcement debtor by payment into an account with a financial institution—a statement to that effect, and the account number and any other details necessary to identify the account.
(3) The registrar must give a copy of the statement to the enforcement creditor at least 5 days before the date set for the enforcement hearing.
(4) If the enforcement creditor is satisfied with the information in the statement, the enforcement creditor may give notice to the addressee for the subpoena and the registrar that the addressee is no longer required to attend the enforcement hearing.
(5) If the enforcement hearing subpoena is issued by the court and the addressee for the subpoena, without reasonable excuse, contravenes the subpoena by failing to complete, swear or file a statement of the enforcement debtor's financial position in accordance with this rule, the addressee may be dealt with for contempt of court.
(6) Subrule (5) does not limit any other power of the court in relation to the contravention.
Note Failure to answer a question or give information in a legal proceeding may be an offence (see href="http://www.legislation.act.gov.au/a/2002-51" title="A2002-51">Criminal Code
, s 722).