INFRINGEMENTS ACT 2006 (NO 12 OF 2006) - SECT 129 When can an attachment of debts order be made?

INFRINGEMENTS ACT 2006 (NO 12 OF 2006) - SECT 129

    (1)     Subject to sub-section (2), an infringements registrar may make an attachment of debts order in respect of a person if—

        (a)         an infringement warrant has been issued against the person; and

        (b)     a seven-day notice has been served on the person; and

        (c)     a period of 7 days after service for the seven-day notice has expired without the person—

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

              (ii)     applying for a payment order for the payment of the amount outstanding under the infringement warrant; or

              (iii)     applying for revocation of the enforcement order.

    (2)     An infringements registrar must not make an attachment of debts order—

        (a)     if the person referred to in sub-section (1) has made an application in accordance with sub-section (1)(c)(ii) or (iii) which has not been determined, until the application is determined; or

        (b)     unless a debt is due or accruing to the person from the garnishee; and

        (c)     unless the garnishee is within Victoria.

    (3)     An attachment of debts order may be made—

        (a)     on an infringements registrar's own motion; or

        (b)     on the application of—

              (i)     the sheriff; or

              (ii)     an enforcement agency; or

              (iii)     the person against whom an infringement warrant has been issued.