Victorian Consolidated Legislation

Infringements Act 2006 - SECT 90

Executing infringement warrant after 7 day period

90. Executing infringement warrant after 7 day period



(1) After the expiry of the period referred to in section 89(1)-

   (a)  if a demand for payment of the amount outstanding has not previously
        been made, the demand must be made on the person in respect of whom
        the infringement warrant has been issued; and

   (b)  any step may be taken in execution of the infringement warrant
        (including selling any personal property seized during that period) if
        the fine or any part of the fine remains unpaid unless the person in
        respect of whom the infringement warrant was issued has-

   (i)  obtained a payment order; or

   (ii) been granted a revocation of the enforcement order to which the
        infringement warrant relates.

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(2) Despite subsection (1)(b), no step may be taken in the execution of an
infringement warrant issued against a person if that person has made an
application for a payment order under section 76 or an application under
section 65 for the revocation of an enforcement order (as the case requires)
which has not been determined, until the application is determined.