Victorian Current Acts

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INFRINGEMENTS ACT 2006 - SECT 89

What can be done during period of the seven-day notice?

    (1)     Subject to subsection (2), during a period of 7 days after delivery of a seven-day notice, a person authorised to execute an infringement warrant

        (a)     may seize and take possession of the personal property of the person in respect of whom the infringement warrant was issued; and

        (b)     must not remove that personal property from the residential or business property in which it is situated unless the person executing the infringement warrant believes on reasonable grounds that it is necessary to do so to avoid it being disposed of or removed.

    (2)     Seizure and taking possession of personal property under subsection (1) must not occur unless—

        (a)     a demand has been made under section 88(1)(b); or

        (b)     prior to the seizure and taking possession of personal property under subsection (1), a demand for payment of the amount outstanding is made.

    (3)     A person who executes an infringement warrant by removing property during the period referred to in subsection (1) must—

        (a)     by written statement state the reason for so doing; and

        (b)     file a copy of the written statement with an infringements registrar.

Note

It is an offence to give false or misleading information in a statement required by or under this Act. See section 167.

S. 90 amended by No. 32/2006 s. 33(2) (ILA s. 39B(1)).



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