Victorian Consolidated Legislation

Infringements Act 2006 - SECT 82

What does an infringement warrant authorise?

82. What does an infringement warrant authorise?



(1) An infringement warrant-

   (a)  authorises the person to whom it is directed to break, enter and
        search any residential or business property occupied by the person
        named in the infringement warrant for any personal property of that
        person;

   (b)  directs and authorises the person to whom it is directed-

   (i)  to seize the personal property of the person named in the infringement
        warrant; and

   (ii) if the amounts named in the infringement warrant together with all
        lawful costs of execution are not paid, to sell the personal property
        seized;

   (c)  in the case of an infringement warrant issued against a natural
        person, including a director to whom a declaration under section 91
        applies, if the person executing the infringement warrant cannot find
        sufficient personal property of the person named in the infringement
        warrant on which to levy the amounts named in the infringement warrant
        together with all lawful costs of execution-

   (i)  authorises the person to whom it is directed to break, enter and
        search for that person in any place where the person named in the
        infringement warrant is suspected to be; and

   (ii) subject to any endorsement under section 80(2), directs and authorises
        the person to whom it is directed to arrest the person named in the
        infringement warrant and-

                (A)  deal with that person in accordance with Division 1 of
                     Part 12, if appropriate; or

                (B)  if the person refuses to enter into an undertaking of
                     bail or cannot be dealt with under Division 1 of Part 12,
                     take and safely convey the person named in the
                     infringement warrant to a prison or a police gaol and
                     there to deliver the person to the officer in charge of
                     the prison or police gaol for the purposes of being dealt
                     with under Division 2 of Part 12.

(2) Nothing in this section requires a person to whom an infringement warrant
is directed-

   (a)  to break and enter a property for the purpose of finding and seizing
        personal property;

   (b)  in the case of an infringement warrant issued against a natural
        person, including a director to whom a declaration under section 91
        applies, to break and enter a property for the purpose of finding and
        seizing personal property before arresting the person named in the
        infringement warrant.

(3) Despite subsection (2)(b), a person to whom an infringement warrant is
directed must not arrest the person named in the infringement warrant unless
the person executing the infringement warrant reasonably believes that there
is not sufficient personal property of the person named in the infringement
warrant on which to levy the amounts named in the infringement warrant
together with all lawful costs of execution.

(4) On the imprisonment of a person for any reason, if there are any
unsatisfied infringement warrants outstanding against the person, any person
to whom such a warrant is directed is not required, in executing the
infringement warrant, to serve any notice or to search for, or seize, any
personal property of the imprisoned person.

(5) An infringement warrant must be in the prescribed form.