Victorian Current Acts

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INFRINGEMENTS ACT 2006 - SECT 77

Infringements registrar may make payment order

S. 77(1) amended by No. 87/2009 s. 44(1).

    (1)     On considering an application for a payment order and any application made for variation of the prescribed costs or variation of the prescribed fees on any infringement warrant, an infringements registrar may do one or more of the following—

        (a)     make an order allowing additional time for the payment of the fine or the balance of the fine;

        (b)     make an order directing payment of the fine to be made by instalments;

        (c)     make an order directing payment of the fine or instalments to be made at the time or times specified by an infringements registrar;

S. 77(1)(ca) inserted by No. 87/2009 s. 44(2).

        (ca)     make an order varying the prescribed costs or varying the prescribed fees on any infringement warrant payable under the fine and adjust the total of the fine accordingly;

        (d)     adjourn the application;

        (e)     approach relevant financial institutions to establish the veracity of the financial circumstances outlined by the applicant.

    (2)     A payment order may include any outstanding costs that the sheriff has incurred in carrying out any sanction under this Act.

    (3)     At any time after the issue of an infringement warrant against a natural person (other than a director to whom a declaration under section 91 applies), if an infringements registrar makes a payment order in respect of the fine and recalls and cancels the warrant, the infringements registrar must include in the amount of the fine the fee payable under section 81 in respect of the cancelled warrant.

    (4)     Despite anything to the contrary in this Act, an infringements registrar may determine not to include the fee referred to in subsection (3) in the amount of the fine if satisfied that there are sufficient grounds for not including that fee.

    (5)     While a payment order is in force and is being complied with—

        (a)     the enforcement order operates subject to it; and

        (b)     the execution of the enforcement order is stayed and—

              (i)     an infringements registrar may recall any infringement warrant issued in respect of the order; or

              (ii)     any infringement warrant issued in respect of the order remains issued until recalled but is not to be enforced.

Note to s. 77(5) inserted by No. 87/2009 s. 44(3).

Note

See also an infringements registrar's power to stay an infringement warrant under section 94A.

S. 77(6) amended by No. 87/2009 s. 44(4)(a).

    (6)     If an infringements registrar has granted an application for a payment order or an application for the variation of prescribed costs or prescribed fees on any infringement warrant and the infringements registrar subsequently discovers that the applicant supplied false or misleading information in the application about the applicant's financial circumstances, the infringements registrar may—

S. 77(6)(a) amended by No. 87/2009 s. 44(4)(b).

        (a)     set aside the payment order or the order varying the prescribed costs or prescribed fees; and

        (b)     issue an infringement warrant against the person or release the stay on the execution of the warrant imposed under subsection (5)(b), as the case requires.

S. 77(7) inserted by No. 87/2009 s. 44(5).

    (7)     If an infringements registrar has made a payment order and an infringement warrant has been issued in respect of the enforcement order to which the payment order relates before the payment order was made, the infringements registrar may stay the infringement warrant under section 94A.

S. 77(8) inserted by No. 87/2009 s. 44(5).

    (8)     If an infringements registrar makes an order under section 94A staying an infringement warrant and the fine to which the payment order relates is subsequently paid in full, the stay on the infringement warrant ceases and the warrant expires.

S. 77(9) inserted by No. 87/2009 s. 44(5).

    (9)     If an infringements registrar makes an order under section 94A staying an infringement warrant and the person defaults before full payment of the fine to which the payment order relates has been paid—

        (a)     if the default occurs before the end of 5 years after the infringement warrant was first issued, the infringement warrant remains enforceable until it becomes null and void under section 94; or

        (b)     if the default occurs more than 5 years after the infringement warrant was first issued, the infringement warrant is null and void.



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