Victorian Current Acts

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INFRINGEMENTS ACT 2006 - SECT 88

Warning of execution of infringement warrant—seven-day notice

    (1)     A person authorised to execute an infringement warrant against a natural person (including a director to whom a declaration under section 91 applies) must not take any step to execute the infringement warrant unless—

        (a)     that person or any other person has served on the person in respect of whom the infringement warrant has been issued a seven-day notice containing the prescribed details; and

Note

See Part 13 for service requirements.

        (b)     if the person authorised to execute an infringement warrant is the sheriff, that person has made a demand on the person in respect of whom the infringement warrant has been issued.

    (2)     If a seven-day notice is served on a person other than by the sheriff, a demand is not to be made at the time of service of the seven-day notice.

    (3)     A seven-day notice must include a warning of all the enforcement mechanisms available under this Act if the person on whom the seven-day notice is served does not, within 7 days of the seven-day notice being served—

        (a)     pay the outstanding amount of the fine; or

        (b)     in the case of a natural person (other than a director to whom a declaration under section 91 applies)—

              (i)     apply for a payment order; or

S. 88(3)(b)(ii) amended by No. 29/2016 s. 79(a).

              (ii)     apply for the revocation of the enforcement order; or

S. 88(3)(b)(iii) inserted by No. 29/2016 s. 79(b).

              (iii)     apply to the Secretary for a work and development permit.



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