Victorian Current Acts

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INFRINGEMENTS ACT 2006 - SECT 100

Recovery of motor vehicle by registered operator within prescribed period

S. 100(1) amended by No. 37/2014 s. 10(Sch. item 87.4).

    (1)     The sheriff, or a police officer on the direction of the sheriff, must release a detained or immobilised motor vehicle to the registered operator of the motor vehicle if any of the following occurs before the expiry of the prescribed period—

        (a)     payment in full of—

S. 100(1)(a)(i) amended by No. 9/2008 s. 24(4)(a).

              (i)     the amount outstanding under the infringement warrant or warrants, as the case requires, or enforcement order; and

              (ii)     any costs incurred as the result of the detention, immobilisation or impoundment of the motor vehicle under this Part;

S. 100(1)(b) substituted by No. 9/2008 s. 24(4)(b).

        (b)     the registered operator becomes subject to a payment order;

S. 100(1)(c) amended by No. 9/2008 s. 24(4)(c).

        (c)     an attachment of earnings order or an attachment of debts order is made in relation to the registered operator;

        (d)     an application for revocation of the enforcement order is granted by an infringements registrar or the Court;

        (e)     an application against a refusal to revoke an enforcement order is granted;

S. 100(1)(f) amended by No. 9/2008 s. 24(4)(d).

        (f)     seizure of property under this Act sufficient to satisfy the amount outstanding under the infringement warrant or warrants, as the case requires, or enforcement order;

        (g)     in the case of a natural person, including a director to whom a declaration under section 91 applies, the person is arrested under this Act;

S. 100(1)(h) amended by No. 9/2008 s. 24(4)(e).

        (h)     the infringement warrant or warrants, as the case requires, issued against the person has or have been recalled and cancelled by an infringements registrar;

S. 100(1)(i) amended by No. 9/2008 s. 24(4)(f).

              (i)     the infringement warrant or warrants, as the case requires, issued against the person has or have expired;

        (j)     the sheriff, in his or her discretion, considers that it is otherwise appropriate to release the motor vehicle.

S. 100(2) amended by No. 9/2008 s. 24(5).

    (2)     On the release of a motor vehicle under subsection (1), the registered operator against whom the infringement warrant or warrants, as the case requires, was or were issued is liable for any costs incurred as a result of the detention, immobilisation or impoundment of the motor vehicle under this Part.



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