Victorian Current Acts

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FINES REFORM ACT 2014 - SECT 131

Recovery of motor vehicle by registered operator within prescribed period

    (1)     The sheriff, or a police officer at the direction of the sheriff, must release a detained or immobilised motor vehicle to the registered operator of the motor vehicle if any of the following occurs before the expiry of the prescribed period—

        (a)     payment in full of—

              (i)     the amount outstanding under the enforcement warrant; and

              (ii)     any costs incurred as the result of the detention, immobilisation or impoundment of the motor vehicle under this Part;

        (b)     the registered operator—

              (i)     makes a payment arrangement in respect of every enforcement warrant to which the immobilisation or detention applies; and

              (ii)     has paid any deposit, number of instalments, equivalent lump sum payment or other like condition reasonably required for the lifting of the sanction;

        (c)     an attachment of earnings direction or an attachment of debts direction is made in relation to the registered operator;

        (d)     an application for enforcement review results in enforcement cancellation;

        (e)     seizure of property under this Act sufficient to satisfy the amount outstanding under the enforcement warrant;

        (f)     in the case of a natural person, including a declared director, the person is arrested under this Act;

        (g)     the enforcement warrant issued against the person has been recalled and cancelled;

        (h)     the sheriff, in the sheriff's discretion, considers that it is otherwise appropriate to release the motor vehicle.

    (2)     On the release of a motor vehicle under subsection (1), the registered operator against whom any enforcement warrant was issued is liable for any costs incurred as a result of the detention, immobilisation or impoundment of the motor vehicle under this Part.



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