Victorian Current Acts

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INFRINGEMENTS ACT 2006 - SECT 84

Persons to whom infringement warrant may be directed

    (1)     An infringement warrant, other than an infringement warrant issued against a body corporate, may be directed to—

        (a)     the sheriff; or

S. 84(1)(b) amended by No. 37/2014 s. 10(Sch. item 87.3(a)(i)).

        (b)     a named police officer; or

S. 84(1)(c) amended by No. 37/2014 s. 10(Sch. item 87.3 (a)(ii)).

        (c)     generally all police officers; or

        (d)     the Commissioner within the meaning of the Corrections Act 1986 ; or

        (e)     any other person authorised by law to execute an infringement warrant.

    (2)     An infringement warrant issued against a body corporate may be directed to the sheriff.

    (3)     An infringement warrant to be directed to the sheriff may be issued, not in paper form, but by an infringements registrar causing to be entered in the computer system used by the Court

        (a)     the type of infringement warrant and the prescribed particulars; and

        (b)     his or her name and the date of issue of the infringement warrant.

    (4)     An infringement warrant issued in accordance with subsection (3) must not be amended, altered or varied after its issue, unless the amendment, alteration or variation is authorised by or under this Act or any other Act.

    (5)     An infringement warrant directed to the sheriff may, if the sheriff so directs, be executed by—

        (a)     a named person who is a bailiff for the purposes of the Supreme Court Act 1986 ; or

        (b)     generally all persons who are bailiffs for the purposes of the Supreme Court Act 1986 ; or

S. 84(5)(c) amended by No. 37/2014 s. 10(Sch. item 87.3(b)(i)).

        (c)     a named police officer; or

S. 84(5)(d) amended by No. 37/2014 s. 10(Sch. item 87.3(b)(ii)).

        (d)     generally all police officers; or

        (e)     in the case of an infringement warrant issued against a natural person, including a director to whom a declaration under section 91 applies, generally all prison officers.

    (6)     A direction may be given by the sheriff under subsection (5) by—

        (a)     endorsing the execution copy of the infringement warrant with the direction; or

        (b)     issuing an infringement warrant to the same effect as the infringement warrant but directed in accordance with subsection (5).

    (7)     An infringement warrant endorsed or issued by the sheriff in accordance with subsection (6) directs and authorises the person to whom it is directed to do all things that he or she would have been directed and authorised to do by the original infringement warrant if it had been directed to him or her.

S. 84(8) amended by No. 37/2014 s. 10(Sch. item 87.3(c)).

    (8)     An infringement warrant directed to a named police officer may be executed by any police officer.

    (9)     An infringement warrant directed to a named bailiff may be executed by any bailiff.



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