Victorian Current Acts

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INFRINGEMENTS ACT 2006 - SECT 136

Court may make order charging land

    (1)     The Court may make an order that land in which a person holds an interest be subject to a charge under this Part if satisfied—

S. 136(1)(a) amended by No. 9/2008 s. 39(2)(a).

        (a)     that there is one or more outstanding infringement warrants against the person for not less than the amount prescribed for the purposes of this Part; and

S. 136(1)(b) amended by No. 9/2008 s. 39(2)(b).

        (b)     that seizure of personal property of the person is not a reasonably practicable means of satisfying the outstanding infringement warrant or warrants against a person; and

        (c)     that enforcement action pursuant to an infringement warrant or under Part 8—

              (i)     has been unsuccessful or unsatisfactory; or

              (ii)     is not possible; or

              (iii)     is not appropriate.

    (2)     An order under subsection (1) is a charge on the land to the extent of interest that the person holds in that land.



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