Victorian Consolidated Legislation

Maintenance Act 1965 - SECT 40

Orders for seizure of goods, chattels, securities, rents etc.

40. Orders for seizure of goods, chattels, securities, rents etc.



(1) Upon the making or during the operation of an order under Part II of this
Act the court may, upon application made ex parte by or on behalf of any
person for whose maintenance or for whose benefit the order was made, by order
authorize and direct a person named in the order during the operation of the
order and from time to time, if necessary, to seize and sell, to the extent
necessary to satisfy the order, any goods chattels and securities belonging to
the defendant or to demand and receive to that extent any annuity, rents and
other income (not being earnings within the meaning of Subdivision 5 of this
Division) payable to the defendant and any moneys credited to the defendant in
any authorised deposit-taking institution account and to apply the proceeds of
any such sale or any moneys so received, after deducting therefrom his costs
and charges, towards the payment of the amounts required to be paid under the
order.

(2) Any person so authorized and directed shall have full power and authority
to do all acts and things, including the execution of transfers receipts
discharges and acquittances, necessary to give full effect to the seizures,
sales, demands and receipts so authorized and directed as aforesaid.



(3) Any person who fails to comply with a demand made upon him under
subsection (1) of this section by a person authorized and directed by the
court in that behalf shall be guilty of an offence and liable to a penalty of
not more than 2 penalty units1.

Subdivision 2-Registration of certificate of arrears