Victorian Current Acts

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INFRINGEMENTS ACT 2006 - SECT 101

Seizure and sale

S. 101(1) amended by No. 9/2008 s. 25(1)(a).

    (1)     After the prescribed period, if an amount remains outstanding under one or more infringement warrants issued against the registered operator of a motor vehicle detained or immobilised under this Part, the sheriff may—

        (a)     seize the motor vehicle or an item left in or on a motor vehicle; and

        (b)     subject to subsections (2) and (3), sell that motor vehicle or item.

    (2)     At least 14 days before exercising a power of sale under this section, the sheriff must serve a notice on the registered operator of the motor vehicle stating that—

        (a)     the motor vehicle has been seized; and

S. 101(2)(b) amended by No. 9/2008 s. 25(1)(b).

        (b)     the sheriff may sell or otherwise dispose of the motor vehicle and any item left in or on the motor vehicle unless payment in full of the amount outstanding under the infringement warrant or warrants, as the case requires, or enforcement order and any costs incurred as a result of the detention, immobilisation, seizure or impoundment of the motor vehicle is received within 14 days of the notice being sent.

    (3)     At least 14 days before exercising a power of sale under this section, the sheriff must publish a notice of intention to sell in a newspaper circulating generally in the State.



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