Victorian Current Acts

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INFRINGEMENTS ACT 2006 - SECT 90

Executing infringement warrant after 7 day period

    (1)     After the expiry of the period referred to in section 89(1)—

        (a)     if a demand for payment of the amount outstanding has not previously been made, the demand must be made on the person in respect of whom the infringement warrant has been issued; and

        (b)     any step may be taken in execution of the infringement warrant (including selling any personal property seized during that period) if the fine or any part of the fine remains unpaid unless the person in respect of whom the infringement warrant was issued has—

S. 90(1)(b)(i) substituted by No. 32/2006 s. 33(1).

              (i)     obtained a payment order; or

S. 90(1)(b)(ii) substituted by No. 32/2006 s. 33(1), amended by No. 29/2016 s. 80(1)(a).

              (ii)     been granted a revocation of the enforcement order to which the infringement warrant relates; or

S. 90(1)(b)(iii) repealed by No. 32/2006 s. 33(1), new s. 90(1)(b)(iii) inserted by No. 29/2016 s. 80(1)(b).

              (iii)     become subject to a work and development permit in respect of the infringement offence to which the infringement warrant relates.

S. 90(2) inserted by No. 32/2006 s. 33(2), amended by No. 29/2016 s. 80(2).

    (2)     Despite subsection (1)(b), no step may be taken in the execution of an infringement warrant issued against a person if that person has made an application for a payment order under section 76, an application under section 65 for the revocation of an enforcement order or an application for a work and development permit under section 27B (as the case requires) which has not been determined, until the application is determined.



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