County Court Criminal Procedure Rules 2019

An application under section 57, 60, 61(2) or 65 of the Sentencing Act 1991 must be—

in Form 5A; and

accompanied by an affidavit of financial circumstances setting out the information required by paragraph (1B).

An application under section 61(1) of the Sentencing Act 1991 must be—

in Form 5AB; and

in the case of an application for variation made by the offender, accompanied by an affidavit of financial circumstances setting out the information required by paragraph (1B).

An affidavit of financial circumstances must set out—

the applicant's occupation;

if the applicant works for an employer—

the name and address of the employer; and

the applicant's gross wage;

if the applicant is self-employed or in a partnership, the applicant's average pre-tax earnings for the last 12 months;

if the applicant is unemployed—

the length of the applicant's last employment;

the date when that employment ceased; and

the gross weekly amount earned by the applicant from that employment;

the amounts the applicant receives as each of the following—

a pension or other benefit;

workers' compensation;

maintenance;

superannuation;

board or rent;

the applicant's average weekly interest on bank or other authorised deposit-taking institution deposits or debentures;

the applicant's average weekly dividend on shares;

any other income;

for each of the applicant's pieces of land (including vacant land)—

the market value of the land;

the amount of any mortgage over the land; and

the net value of the land;

for each of the applicant's motor vehicles—

the year, make and model of the vehicle;

the market value of the vehicle;

the amount of any mortgage, charge or lien over the vehicle; and

the net value of the vehicle;

the applicant's deposits in banks or other authorised deposit-taking institutions;

for the applicant's furniture, household and personal goods—

the market value of those goods;

the amount owing to a finance company for those goods; and

the net value of those goods;

the particulars of the applicant's other assets;

the applicant's weekly expenses in—

income tax;

superannuation;

housing (mortgage, rent, board, or payments to a hospital or institution);

municipal rates;

water and sewerage rates;

land tax;

child care expenses incurred for the purposes of earning income;

maintenance actually paid; and

instalment payments such as for household goods or tools of trade (including the person to whom the payment is made);

if any asset referred to in a preceding paragraph is owned jointly, the names of the other owners;

if any debt referred to in a preceding paragraph is due jointly, the names of the other debtors; and

any other circumstances which affect the applicant's financial status.