Victorian Consolidated Legislation

Maintenance Act 1965 - SECT 63

Court may require defendant to state his employer etc.

63. Court may require defendant to state his employer etc.



(1) In any proceedings for the enforcement of an order made under this Act or
for the purpose of enabling proceedings to be instituted for the enforcement
of such an order the court may-

   (a)  direct the defendant to attend before the court at a time specified in
        the order to be examined concerning his means and ability to comply
        with the order;

   (b)  direct the defendant to state to the court or to furnish to the court
        within any time fixed by the court a statement signed by the defendant
        setting forth-

   (i)  the name and address of his employer or, if he has more employers than
        one, of each of his employers;

   (ii) particulars as to the defendant's earnings; and

   (iii) such other particulars as the court thinks necessary to enable the
        enforcement of the order; or

   (c)  direct any person who appears to the court to be indebted to the
        defendant or to be the employer of the defendant to give to the court,
        within any time fixed by the court, a statement signed by him or on
        his behalf containing such particulars as are specified in the
        direction of his indebtedness to the defendant or of all the earnings
        of the defendant that became payable by that person during a specified
        period (as the case may be).

(2) A document purporting to be a statement referred to in the last preceding
subsection shall be received in evidence in any proceedings under this Act for
the enforcement of the order.

(3) Every person who-

   (a)  without reasonable cause or excuse refuses or fails to comply with a
        direction under this section that is applicable to him; or

   (b)  in any statement made or notice furnished to the Court pursuant to the
        provisions of this section, makes a statement that he knows to be
        false or misleading in a material particular or does not believe on
        reasonable grounds to be true-

shall be guilty of an offence and liable to a penalty of not more than 5
penalty units.