Victorian Consolidated Legislation

Infringements Act 2006 - SECT 77

Infringements registrar may make payment order

77. Infringements registrar may make payment order



(1) On considering an application for a payment order, an infringements
registrar may do one or more of the following-

   (a)  make an order allowing additional time for the payment of the fine or
        the balance of the fine;

   (b)  make an order directing payment of the fine to be made by instalments;

   (c)  make an order directing payment of the fine or instalments to be made
        at the time or times specified by an infringements registrar;

   (d)  adjourn the application;

   (e)  approach relevant financial institutions to establish the veracity of
        the financial circumstances outlined by the applicant.

(2) A payment order may include any outstanding costs that the sheriff has
incurred in carrying out any sanction under this Act.

(3) At any time after the issue of an infringement warrant against a natural
person (other than a director to whom a declaration under section 91 applies),
if an infringements registrar makes a payment order in respect of the fine and
recalls and cancels the warrant, the infringements registrar must include in
the amount of the fine the fee payable under section 81 in respect of the
cancelled warrant.



(4) Despite anything to the contrary in this Act, an infringements registrar
may determine not to include the fee referred to in subsection (3) in the
amount of the fine if satisfied that there are sufficient grounds for not
including that fee.

(5) While a payment order is in force and is being complied with-

   (a)  the enforcement order operates subject to it; and

   (b)  the execution of the enforcement order is stayed and-

   (i)  an infringements registrar may recall any infringement warrant issued
        in respect of the order; or

   (ii) any infringement warrant issued in respect of the order remains issued
        until recalled but is not to be enforced.

(6) If an infringements registrar has granted an application for a payment
order and the infringements registrar subsequently discovers that the
applicant supplied false or misleading information in the application about
the applicant's financial circumstances, the infringements registrar may-

   (a)  set aside the payment order; and

   (b)  issue an infringement warrant against the person or release the stay
        on the execution of the warrant imposed under subsection (5)(b), as
        the case requires.