Victorian Consolidated Legislation

Infringements Act 2006 - SECT 50

Allocation of money received under payment plan

50. Allocation of money received under payment plan



(1) An enforcement agency or the Secretary (as the case requires) must
allocate money received under a payment plan in order of priority based on the
date each infringement notice was issued in respect of the infringement
penalty and any prescribed costs under the payment plan, with the infringement
penalty and any prescribed costs under the oldest notice being paid out first.

(2) The order of priority to be applied when payments under a payment plan are
allocated applies-

   (a)  to all payment plans managed by the Secretary or by an enforcement
        agency; and

   (b)  in the case of payment plans managed by the Secretary, regardless of
        the origin of the infringement penalty and any prescribed costs under
        the payment plan.

(3) If a person to whom a payment plan applies makes an overpayment by
continuing payments after the payment plan is completed, the Secretary or an
enforcement agency (as the case requires) must advise the person to whom the
plan applies of the overpayment and may-

   (a)  if the person has other outstanding infringement penalties and any
        prescribed costs in respect of an infringement offence or outstanding
        enforcement orders in respect of a lodgeable infringement offence,
        offer to apply the amount of the overpayment to those outstanding
        infringement penalties and prescribed costs or any outstanding
        enforcement orders (as the case requires) if the person-

   (i)  consents to the amount being so applied; and

   (ii) directs the agency or Secretary to do so; or

   (b)  refund the amount of the overpayment to the person and-

   (i)  if the amount had been paid into the Consolidated Fund, the
        Consolidated Fund is, to the necessary extent, appropriated
        accordingly; or

   (ii) if the amount had been paid into another fund or account, the amount
        is to be refunded from that fund or account.