Victorian Current Acts Victorian Current ActsS. 53(1) substituted by No. 59/2017 s. 22(1).
(1) The Director must allocate money received under a payment arrangement in order of priority based on the date of each infringement fine, court fine or registered collection and enforcement order under the payment arrangement, with the oldest fine or registered collection and enforcement order being paid out first unless a court order provides otherwise for the priority of payment of—
(a) any fine; or
(b) any registered collection and enforcement order.
(2) The order of priority to be applied when payments under a payment arrangement are allocated applies—
(a) to all payment arrangements made by the Director with a person; and
S. 53(2)(b) amended by No. 59/2017 s. 22(2).
(b) regardless of the origin of the infringement fine or court fine or registered collection and enforcement order under the payment arrangement.
(3) If a person to whom a payment arrangement applies makes an overpayment by continuing payments after the payment arrangement is completed, the Director must advise the person of the overpayment and may—
S. 53(3)(a) amended by No. 59/2017 s. 22(3).
(a) if the person has other fines or registered collection and enforcement orders, offer to apply the amount of the overpayment to those fines or registered collection and enforcement orders if the person—
(i) consents to the amount being so applied; and
(ii) directs the Director to do so; or
(b) refund the amount of the overpayment to the person and—
(i) if the amount has been paid into the Consolidated Fund, the Consolidated Fund is, to the necessary extent, appropriated accordingly; or
(ii) if the amount has been paid into another fund or account, the amount is to be refunded from that fund or account.