Victorian Current Acts Victorian Current Acts(1) A person who receives a declared director notice may apply to the Magistrates' Court for an order that the person is not a declared director and not liable to pay any registered fine of the body corporate specified in the declared director notice.
(2) An application under subsection (1)—
(a) must be made within 28 days from the date of service of the declared director notice; and
(b) if made within the period specified in paragraph (a), suspends the operation of section 29(4) and (5) until the Court hears and determines the application.
(3) On making an application under subsection (1), the applicant must give a copy of the application to the Director.
(4) On an application under subsection (1), the Magistrates' Court may order that a person who was the director of a body corporate to which section 29 applies is not a declared director if satisfied that—
(a) at the time of the commission of the offence, the person did not take part in the management of the body corporate because of illness or for some other good reason which prevented the person from taking part in that management in accordance with the person's duties as a director under the Corporations Act; or
S. 30(4)(b) substituted by No. 29/2016 s. 17.
(b) if paragraph (a) does not apply to the person, as soon as practicable after the registration of the court fine, the person either took all reasonable steps or, in all the circumstances, there were no reasonable steps the person could have taken to ensure that—
(i) the fine was paid; or
(ii) a payment plan or a payment arrangement was made; or
S. 30(4)(c) inserted by No. 29/2016 s. 17.
(c) if paragraph (a) does not apply to the person, as soon as practicable after the service of the infringement notice for the offence on the body corporate, the person either took all reasonable steps or, in all the circumstances, there were no reasonable steps the person could have taken to ensure that—
(i) the fine was paid; or
(ii) a payment plan or a payment arrangement was made; or
(iii) the body corporate appointed an administrator under the Corporations Act; or
(iv) the body corporate was wound up in accordance with the Corporations Act.
(5) If the Magistrates' Court does not make an order under subsection (4), the person remains a declared director.
(6) The Magistrates' Court must cause the Director to be notified of any order made under subsection (4) that a person who was the director of a body corporate to which section 29 applies is not a declared director, if the Director did not appear at the hearing of the application.
Part 4—Enforcement review