Victorian Current Acts Victorian Current ActsS. 76(1) amended by No. 59/2017 s. 27(1).
(1) The Director must allocate money received under an attachment of earnings direction in order of priority with the amount outstanding under the oldest fine or registered collection and enforcement order being paid out first.
(2) The order of priority to be applied when payments under an attachment of earnings direction are allocated applies—
(a) to all attachment of earnings directions managed by the Director; and
S. 76(2)(b) amended by No. 59/2017 s. 27(2).
(b) regardless of the origin of the fine or the registered collection and enforcement order to which the attachment of earnings direction applies.
(3) If a person to whom an attachment of earnings direction is directed overpays the amount to which the attachment of earnings direction applies by continuing payments after the attachment of earnings direction is satisfied, the Director may—
(a) refund the amount of the overpayment to the fine defaulter in respect of whom the attachment of earnings direction was made 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; or
S. 76(3)(b) amended by No. 59/2017 s. 27(3).
(b) if the fine defaulter in respect of whom the attachment of earnings direction was made has other outstanding registered fines or registered collection and enforcement orders that were not subject to the attachment of earnings direction, apply the amount of the overpayment to those registered fines or registered collection and enforcement orders if the fine defaulter consents to the amount being so applied.