Victorian Current Acts

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INFRINGEMENTS ACT 2006 - SECT 82

What does an infringement warrant authorise?

    (1)     An infringement warrant

        (a)     authorises the person to whom it is directed to break, enter and search any residential or business property occupied by the person named in the infringement warrant for any personal property of that person;

        (b)     directs and authorises the person to whom it is directed—

              (i)     to seize the personal property of the person named in the infringement warrant; and

              (ii)     if the amounts named in the infringement warrant together with all lawful costs of execution are not paid, to sell the personal property seized;

        (c)     in the case of an infringement warrant issued against a natural person, including a director to whom a declaration under section 91 applies, if the person executing the infringement warrant cannot find sufficient personal property of the person named in the infringement warrant on which to levy the amounts named in the infringement warrant together with all lawful costs of execution—

              (i)     authorises the person to whom it is directed to break, enter and search for that person in any place where the person named in the infringement warrant is suspected to be; and

S. 82(1)(c)(ii) substituted by No. 32/2006 s. 32(1).

              (ii)     subject to any endorsement under section 80(2), directs and authorises the person to whom it is directed to arrest the person named in the infringement warrant and—

    (A)     deal with that person in accordance with Division 1 of Part 12, if appropriate; or

    (B)     if the person refuses to enter into an undertaking of bail or cannot be dealt with under Division 1 of Part 12, take and safely convey the person named in the infringement warrant to a prison or a police gaol and there to deliver the person to the officer in charge of the prison or police gaol for the purposes of being dealt with under Division 2 of Part 12.

    (2)     Nothing in this section requires a person to whom an infringement warrant is directed—

        (a)     to break and enter a property for the purpose of finding and seizing personal property;

        (b)     in the case of an infringement warrant issued against a natural person, including a director to whom a declaration under section 91 applies, to break and enter a property for the purpose of finding and seizing personal property before arresting the person named in the infringement warrant.

    (3)     Despite subsection (2)(b), a person to whom an infringement warrant is directed must not arrest the person named in the infringement warrant unless the person executing the infringement warrant reasonably believes that there is not sufficient personal property of the person named in the infringement warrant on which to levy the amounts named in the infringement warrant together with all lawful costs of execution.

    (4)     On the imprisonment of a person for any reason, if there are any unsatisfied infringement warrants outstanding against the person, any person to whom such a warrant is directed is not required, in executing the infringement warrant, to serve any notice or to search for, or seize, any personal property of the imprisoned person.

S. 82(5) inserted by No. 32/2006 s. 32(2).

    (5)     An infringement warrant must be in the prescribed form.



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