Victorian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

INFRINGEMENTS ACT 2006 - SECT 161D

Additional powers of the Court

    (1)     If the Court makes an order under section 161C(2)(b) discharging in part any outstanding fine under an infringement warrant, the Court, in respect of any outstanding fine under an infringement warrant, may make—

        (a)     a time to pay order; or

        (b)     an instalment order.

    (2)     If the Court makes an order under section 161C(2)(c) or (4)(e) for imprisonment in default of payment of any outstanding fine under any infringement warrant

        (a)     a warrant to imprison may be issued under section 68 of the Magistrates' Court Act 1989 ; and

        (b)     the Court may make an instalment order in respect of the payment of any outstanding fine under any infringement warrant.

Note

A warrant to imprison issued in accordance with subsection (2)(a) may be executed on the contravention of an instalment order made under subsection (2)(b).

    (3)     If the Court makes an order under section 161C(2)(b) or subsection (1) and the person contravenes the order by failing to pay the undischarged amount of the outstanding fine under any infringement warrant in accordance with the order, the Court may issue a warrant to arrest the person under section 61 of the Magistrates' Court Act 1989 .

    (4)     If a person is brought before the Court on the execution of a warrant to arrest issued in accordance with subsection (3), the Court may—

        (a)     confirm any order originally made under section 161C(2)(b) or subsection (1); or

        (b)     cancel any order originally made under section 161C(2)(b) or subsection (1) and deal with the person as if the person had just been brought before the Court under section 161C(2).

    (5)     The Court, in determining how to deal with a person under subsection (4), must take into account the extent to which the person has complied with an order made under section 161C(2)(b) or subsection (1).

S. 161E inserted by No. 29/2016 s. 89.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback