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INFRINGEMENTS ACT 2006 - SECT 110

Sheriff may direct VicRoads to suspend driver licence

    (1)     The sheriff may direct VicRoads to suspend, under section 24(1A) of the Road Safety Act 1986 , the driver licence of a person in default until the sheriff notifies VicRoads that the suspension has ceased in accordance with section 111.

Note

See section 24(1A) of the Road Safety Act 1986 .

    (2)     At least 7 days before making a direction under subsection (1), the sheriff must cause to be served on the person whose driver licence is to be suspended a notice of intention to direct VicRoads to suspend the driver licence unless the person, before the end of the period specified in the notice of intention—

S. 110(2)(a) amended by No. 9/2008 s. 30(1)(a).

        (a)     pays the amount outstanding under the infringement warrant or warrants, as the case requires; or

S. 110(2)(b) amended by Nos 32/2006 s. 36(1)(a), 9/2008 s. 30(1)(b).

        (b)     has obtained a payment order in respect of the amount outstanding to which the proposed direction under subsection (1) relates; or

S. 110(2)(c) amended by Nos 32/2006 s. 36(1)(b), 9/2008 s. 30(1)(c).

        (c)     has been granted revocation of the enforcement order or orders (as the case requires) in respect of the amount outstanding to which the proposed direction under subsection (1) relates.

Note

See Part 13 for service requirements.

S. 110(3) inserted by No. 32/2006 s. 36(2), substituted by No. 9/2008 s. 30(2).

    (3)     Despite subsection (2)(b) or (c), if—

        (a)     a notice of intention to make a direction under subsection (2) relates to only one infringement warrant; and

        (b)     the person on whom that notice of intention to make a direction was served 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) in respect of that infringement warrant which has not been determined—

no direction under subsection (1) applying to that infringement warrant may be made until the application is determined.

S. 110(3A) inserted by No. 9/2008 s. 30(2).

    (3A)     Despite subsection (2)(b) or (c), if—

        (a)     a notice of intention to make a direction under subsection (2) relates to more than one infringement warrant; and

        (b)     the person on whom that notice of intention to make a direction was served 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) in respect of one or more of those infringement warrants

no direction under subsection (1) may be made applying to any infringement warrant in respect of which the person has made that application until the application is determined.

S. 110(3B) inserted by No. 9/2008 s. 30(2).

    (3B)     Nothing in subsection (3A) prevents a notice of intention to make a direction under subsection (2) being made in relation to, or a direction under subsection (1) being made which applies to, one or more infringement warrants in respect of which a person has not made an application of the kind referred to in subsection (3A).

S. 110(4) inserted by No. 32/2006 s. 36(2).

    (4)     The sheriff may serve a notice of intention under subsection (2) whether or not the person whose driver licence is to be suspended is a person in default at the time of the service of that notice of intention.



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