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INFRINGEMENTS ACT 2006 - SECT 112

Sheriff may direct VicRoads to suspend vehicle registration

    (1)     The sheriff may direct VicRoads to suspend the registration of a motor vehicle or trailer under the Road Safety Act 1986 if the person who is the registered operator of a vehicle is a person in default, until the sheriff notifies VicRoads that the suspension has ceased in accordance with section 113.

Note

See section 9AA 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 who is the registered operator of a vehicle a notice of intention to direct VicRoads to suspend the registration unless the person, before the end of the period specified in the notice of intention—

S. 112(2)(a) amended by No. 9/2008 s. 32(1)(a).

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

S. 112(2)(b) amended by Nos 32/2006 s. 36(3)(a), 9/2008 s. 32(1)(b).

        (b)     in the case of a natural person (other than a director to whom a declaration under section 91 applies), has obtained a payment order in respect of the amount outstanding to which the proposed direction under subsection (1) relates; or

S. 112(2)(c) amended by Nos 32/2006 s. 36(3)(b), 9/2008 s. 32(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. 112(3) substituted by Nos 32/2006 s. 36(4), 9/2008 s. 32(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. 112(3A) inserted by No. 9/2008 s. 32(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. 112(3B) inserted by No. 9/2008 s. 32(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. 112(4) inserted by No. 32/2006 s. 36(4).

    (4)     The sheriff may serve a notice of intention under subsection (2) whether or not the person who is the registered operator of a vehicle in respect of which the registration is to be suspended is a person in default at the time of the service of that notice of intention.

S. 112(5) inserted by No. 32/2006 s. 36(4).

    (5)     This section applies whether the person who is the registered operator of a vehicle is a natural person or a body corporate.



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