INFRINGEMENTS ACT 2006 (NO 12 OF 2006) - SECT 116 Direction not to transfer registration

INFRINGEMENTS ACT 2006 (NO 12 OF 2006) - SECT 116

    (1)     If the registered operator of a motor vehicle or trailer is a person in default, the sheriff may direct VicRoads not to transfer to any other person the registration of that motor vehicle or trailer until the sheriff notifies VicRoads that the suspension has ceased in accordance with section 117.

    Note:     See section 9AE of the Road Safety Act 1986 .

    (2)     Sub-section (1) applies whether or not an actual application for transfer of registration has been made.

    (3)     At least 7 days before making a direction under sub-section (1), the sheriff must—

        (a)     cause to be served on the registered operator of a motor vehicle or trailer who is a person in default a notice of intention to direct VicRoads not to transfer to any other person the registration of the motor vehicle or trailer unless the person, before the end of the period specified in the notice of intention—

              (i)     pays the amount outstanding under the infringement warrant; or

              (ii)     in the case of a natural person (other than a director to whom a declaration under section 91 applies), applies for a payment order; or

              (iii)     applies for revocation of the enforcement order; and

        (b)     cause to be registered in the register kept under Part 3 of the Chattel Securities Act 1987 an entry of a security interest arising because of the intention to make a direction under this section.

    (4)     This section applies whether the person who is the registered operator of a vehicle is a natural person or a body corporate.