Victorian Current Acts

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Applying for payment order

    (1)     Subject to subsection (4), a natural person (other than a director to whom a declaration under section 91 applies) against whom an enforcement order is made may apply to an infringements registrar for a payment order.

S. 76(1A) inserted by No. 87/2009 s. 43.

    (1A)     A person making an application for a payment order under subsection (1) may also apply to an infringements registrar for variation of—

        (a)     the prescribed costs; or

        (b)     the prescribed fees on any infringement warrant.

    (2)     An application for a payment order may be made—

        (a)     in person; or

        (b)     in writing; or

        (c)     in any other manner approved by an infringements registrar.

    (3)     An application for a payment order must provide—

        (a)     the name and current address of the applicant; and

        (b)     a statement setting out the financial circumstances of the applicant; and

        (c)     the reasons for making the application.

    (4)     An application under this section must not be made if any of the following has occurred—

        (a)     property has been seized under an infringement warrant other than a seizure of a kind referred to in section 89;

        (b)     a notice under section 101(2) has been served on a person;

        (c)     an attachment of earnings order or an attachment of debts order has been made;

        (d)     an order under section 136 that land is subject to a charge has been made;

        (e)     a person is arrested in accordance with Part 12.

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