Victorian Consolidated Legislation

Infringements Act 2006 - SECT 88

Warning of execution of infringement warrant-seven-day notice

88. Warning of execution of infringement warrant-seven-day notice



(1) A person authorised to execute an infringement warrant against a natural
person (including a director to whom a declaration under section 91 applies)
must not take any step to execute the infringement warrant unless-

   (a)  that person or any other person has served on the person in respect of
        whom the infringement warrant has been issued a seven-day notice
        containing the prescribed details; and

Note See Part 13 for service requirements.

   (b)  if the person authorised to execute an infringement warrant is the
        sheriff, that person has made a demand on the person in respect of
        whom the infringement warrant has been issued.

(2) If a seven-day notice is served on a person other than by the sheriff, a
demand is not to be made at the time of service of the seven-day notice.

(3) A seven-day notice must include a warning of all the enforcement
mechanisms available under this Act if the person on whom the seven-day notice
is served does not, within 7 days of the seven-day notice being served-

   (a)  pay the outstanding amount of the fine; or

   (b)  in the case of a natural person (other than a director to whom a
        declaration under section 91 applies)-

   (i)  apply for a payment order; or

   (ii) apply for the revocation of the enforcement order.