Victorian Current Acts

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INFRINGEMENTS ACT 2006 - SECT 123

When can an attachment of earnings order be made?

    (1)     Subject to this section, an infringements registrar may make an attachment of earnings order in respect of a person if—

        (a)     an infringement warrant has been issued against the person; and

        (b)     a seven-day notice has been served on the person; and

S. 123(1)(c) amended by No. 32/2006 s. 39(3).

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

              (i)     paying the amount outstanding under the infringement warrant; or

              (ii)     applying for a payment order for the payment of the amount outstanding under the infringement warrant; or

              (iii)     applying for revocation of the enforcement order.

S. 123(1A) inserted by No. 87/2009 s. 51.

    (1A)     An infringements registrar must not make an attachment of earnings order unless satisfied that, in respect of one or more infringement warrants issued against a person, the person owes a total amount outstanding which is not less than the prescribed amount.

    (2)     An infringements registrar must not make an attachment of earnings order

        (a)     if the person referred to in subsection (1) has made an application in accordance with subsection (1)(c)(ii) or (iii) which has not been determined, until the application is determined; or

        (b)     if the infringements registrar has not been provided with sufficient information regarding the financial circumstances of the person.

    (3)     An attachment of earnings order may be made—

        (a)     on an infringements registrar's own motion; or

        (b)     on the application of—

              (i)     the sheriff; or

              (ii)     an enforcement agency; or

              (iii)     the person against whom an infringement warrant has been issued.



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