Victorian Current Acts Victorian Current ActsS. 171(1) amended by No. 59/2017 s. 49(2).
(1) Despite any provision (except section 26) of the Imprisonment of Fraudulent Debtors Act 1958 to the contrary or anything in any enforcement warrant, if a person in default is imprisoned under a warrant to imprison issued under section 68 of the Magistrates' Court Act 1989 —
S. 171(1)(a) amended by No. 59/2017 s. 49(3).
(a) the whole or any part of any relevant infringement fine may be paid by or on behalf of the person in default to the officer in charge of the prison or police gaol in which the person in default is detained; and
(b) the officer in charge must receive the payment and forward it without delay to the registrar.
S. 171(2) amended by No. 59/2017 s. 49(4).
(2) A person in default who is in custody in respect of any relevant infringement fine and for no other matter must be released from custody, if the officer in charge of the prison or the police gaol in which the person in default is imprisoned is paid—
S. 171(2)(a) amended by No. 59/2017 s. 49(4)(c).
(a) the whole amount of the relevant infringement fine; or
S. 171(2)(b) amended by No. 59/2017 s. 49(4)(c).
(b) the amount of the relevant infringement fine remaining to be paid.
S. 171(3) amended by No. 59/2017 s. 49(5).
(3) If part of the relevant infringement fine is paid to the officer in charge of the prison or police gaol by or on behalf of the person in default who is imprisoned—
(a) the officer in charge must—
(i) amend the execution copy of the warrant to imprison; and
(ii) receive the payment and forward it without delay to a registrar; and
S. 171(3)(b) amended by No. 59/2017 s. 49(5)(b).
(b) at the end of the reduced term, the person in default who is imprisoned must be discharged if the person in default is in custody for no other matter.
Pt 14 Div. 1A (Heading) amended by No. 17/2022 s. 45.
Pt 14 Div. 1A (Heading and ss 171AA – 171AE) inserted by No. 11/2021 s. 185.
Division 1A—Request by person to Director for waiver or to make application to Court
S. 171AA inserted by No. 11/2021 s. 185, substituted by No. 17/2022 s. 46.