Victorian Current Acts

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INFRINGEMENTS ACT 2006 - SECT 128A

Allocation of money under attachment of earnings order

    (1)     An infringements registrar must allocate money received under an attachment of earnings order in order of priority based on the date of issue of an infringement warrant with the amount outstanding under the oldest infringement warrant being paid out first.

    (2)     The order of priority to be applied when payments under an attachment of earnings order are allocated applies—

        (a)     to all attachment of earnings orders managed by an infringements registrar; and

        (b)     regardless of the origin of the infringement notices to which the attachment of earnings order applies.

    (3)     If a person to whom an attachment of earnings order is directed overpays the amount to which the attachment of earnings order applies by continuing payments after the attachment of earnings order is satisfied, an infringements registrar may—

        (a)     refund the amount of the overpayment to the person in respect of whom the attachment of earnings order was made and—

              (i)     the Consolidated Fund is hereby appropriated accordingly; or

              (ii)     if the amount had been paid into another fund or account, the amount is to be refunded from that fund or account; or

        (b)     if the person in respect of whom the attachment of earnings order was made has other outstanding enforcement orders that were not subject to the attachment of earnings order, apply the amount of the overpayment to those outstanding enforcement orders if the person consents to the amount being so applied.

S. 128B inserted by No. 87/2009 s. 52.



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