Victorian Current Acts

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INFRINGEMENTS ACT 2006 - SECT 108

Meaning of person in default in this Part

    (1)     For the purposes of this Part, a person is a person in default if—

S. 108(1)(a) substituted by No. 9/2008 s. 28(1)(a).

        (a)     one or more infringement warrants have been issued against the person; and

S. 108(1)(b) amended by No. 9/2008 s. 28(1)(b).

        (b)     a seven-day notice has been served on the person in respect of that infringement warrant or those infringement warrants, as the case requires; and

S. 108(1)(c) amended by No. 32/2006 s. 34(1)(a).

        (c)     a period of 7 days after service of the seven‑day notice has expired without the person—

S. 108(1)(c)(i) amended by No. 9/2008 s. 28(1)(c)(i).

              (i)     paying the amount outstanding under the infringement warrant or those infringement warrants, as the case requires; or

S. 108(1)(c)(ii) amended by Nos 32/2006 s. 34(1)(b), 9/2008 s. 28(1)(c)(ii).

              (ii)     in the case of a natural person other than a director to whom a declaration under section 91 applies, obtaining a payment order for the payment of the amount outstanding under the warrant or those warrants, as the case requires; or

S. 108(1)(c)(iii) amended by Nos 32/2006 s. 34(1)(c), 9/2008 s. 28(1)(c)(iii).

              (iii)     being granted revocation of the enforcement order or orders (as the case requires) in respect of which the infringement warrant was, or infringement warrants were, issued.

S. 108(2) inserted by No. 32/2006 s. 34(2), amended by No. 9/2008 s. 28(2).

    (2)     Despite subsection (1)(c)(ii) and (iii), if a person has made an application for a payment order under section 76 or an application under section 65 for the revocation of an enforcement order (as the case requires) which has not been determined before the period specified in subsection (1)(c), that person is not a person in default for the purposes of this Part in respect of any infringement warrant or enforcement order to which the application relates—

        (a)     until the application is determined; and

        (b)     unless the payment order has not been obtained or the revocation of the enforcement order has not been granted, as the case requires.



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