Victorian Current Acts

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INFRINGEMENTS ACT 2006 - SECT 93

Rules etc. with respect to execution of infringement warrant

    (1)     Subject to this Act and the Magistrates' Court Act 1989

        (a)     the rules, practice and procedure which apply to or are adopted by the sheriff in the execution of a warrant to seize property issued by the Court in enforcement of an order made by the Court in a civil proceeding under the Magistrates' Court Act 1989 for the payment of money apply (with any necessary modifications) to the execution of an infringement warrant in accordance with section 82(1)(b); and

        (b)     subject to the power in the infringement warrant referred to in section 82(1)(c)(i), the interests of any persons in any property seized under an infringement warrant must be dealt with in the same manner as they would be if the property had been seized under a warrant to seize property issued by the Court in enforcement of an order made by the Court in a civil proceeding for the payment of money under the Magistrates' Court Act 1989 .

    (2)     Despite anything to the contrary in section 42 of the Supreme Court Act 1986 , the person executing in accordance with section 82(1)(b) an infringement warrant or infringement warrants in respect of which the period referred to in section 89(1) has expired may, with the signed written consent of the person against whom the infringement warrant is or infringement warrants are issued, seize or take in the execution of it or them personal property—

        (a)     that is used by that person primarily as a means of transport; and

        (b)     that could not, but for this subsection, be seized or taken because of section 42 of the Supreme Court Act 1986 .

    (3)     A consent given by a person under subsection (2) is only effective if—

        (a)     it is given after the delivery to the person by a person authorised to execute the infringement warrant or infringement warrants of a written statement containing the prescribed details and setting out the effect of giving the consent; and

        (b)     a copy of the signed written consent has been delivered to the person giving the consent.

    (4)     If personal property referred to in subsection (2) is seized or taken in execution of an infringement warrant or infringement warrants in accordance with that subsection—

        (a)     the proceeds of sale of the property must be applied towards the amounts named in the infringement warrant or infringement warrants together with all lawful costs of execution; and

        (b)     any amount remaining after those amounts and costs have been paid—

              (i)     must be applied to satisfy any other unexecuted infringement warrant issued against that person irrespective of when it was issued; and

              (ii)     any amount then remaining must be paid to the person against whom the infringement warrant was, or infringement warrants were, issued.

S. 94 amended by No. 87/2009 s. 47.



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