Victorian Numbered Acts Victorian Numbered Acts(1) This section applies if, in relation to a registered fine of a body corporate—
(a) the body corporate is deregistered after the commission of the alleged offence; or
(b) the person executing an enforcement warrant issued against the body corporate in relation to the registered fine returns that the person cannot find sufficient personal property of the body corporate to satisfy the amounts specified in the enforcement warrant together with all lawful costs of execution.
(2) If the Director is satisfied, based on the records of the Australian Securities and Investments Commission, that a person was a director of a body corporate to which this section applies at the time of the commission of the offence, the Director may serve the person with a declared director notice.
(3) A declared director notice must state that the person—
(a) is a declared director by force of this section; and
(b) is jointly and severally liable for the payment of the registered fine; and
(c) has 28 days from the date of service of the declared director notice to apply to the Magistrates' Court for an order under section 30 that the person is not a declared director.
Note
See section 179(2) which requires personal service of this notice.
(4) Unless an order is made under section 30(4), a person who was a director of a body corporate to which this section applies who has been served with a declared director notice is—
(a) by force of this section, a declared director; and
(b) jointly and severally liable for the payment of the fine.
(5) Unless an order is made under section 30(4), on and from 28 days after service of a declared director notice, the Director may take any enforcement action under this Act against a declared director in relation to a registered fine that can be taken against a natural person in relation to a registered fine.