Victorian Current Acts Victorian Current Acts(1) An order made by the Court in a civil proceeding for the payment of money may, subject to and in accordance with the Rules, be enforced by one or more of the following means:
(a) A warrant to seize property;
(b) An attachment of earnings order;
(c) An attachment of debts order.
(2) A warrant to seize property may be directed to—
(a) the sheriff; or
S. 111(2)(b) amended by No. 37/2014 s. 10(Sch. item 101.9(a)(i)).
(b) a named police officer; or
S. 111(2)(c) amended by No. 37/2014 s. 10(Sch. item 101.9(a)(ii)).
(c) generally all police officers.
(3) A warrant to seize property directs and authorises the person to whom it is directed—
(a) to seize the personal property of the person named or described in the warrant; and
(b) if the sums named in the warrant together with all lawful costs of execution are not paid, to sell the personal property seized.
(4) A warrant to seize property directed to the sheriff may, if the sheriff so directs, be executed by—
(a) a named person who is a bailiff for the purposes of the Supreme Court Act 1986 ; or
(b) generally all persons who are bailiffs for the purposes of the Supreme Court Act 1986 ; or
S. 111(4)(c) amended by No. 37/2014 s. 10(Sch. item 101.9(b)(i)).
(c) a named police officer; or
S. 111(4)(d) amended by No. 37/2014 s. 10(Sch. item 101.9(b)(ii)).
(d) generally all police officers.
(5) A direction may be given by the sheriff under subsection (4) by—
(a) endorsing the execution copy of the warrant with the direction; or
(b) issuing a warrant to the same effect as the warrant to seize property but directed in accordance with subsection (4).
(6) A warrant endorsed or issued by the sheriff in accordance with subsection (5) directs and authorises the person to whom it is directed to do all things that he or she would have been directed and authorised to do by the original warrant if it had been directed to him or her.
S. 111(7) amended by No. 37/2014 s. 10(Sch. item 101.9(c)).
(7) A warrant to seize property directed to a
named bailiff or police officer may be executed by any bailiff or
police officer, as the case requires.
S. 111(7A) inserted by No. 33/1994 s. 15.
(7A) The person executing a warrant to seize property may serve on—
(a) the person against whom the warrant is issued and whose personal property is seized under the warrant; or
(b) a person who is in possession of any personal property of the person against whom the warrant is issued that is seized under the warrant—
a notice in the form prescribed by the Rules informing the person served with the notice that he or she is responsible for the safe-keeping of the personal property seized under the warrant that is described in the notice and also informing him or her of the provisions of subsection (7B).
S. 111(7B) inserted by No. 33/1994 s. 15.
(7B) A person who knows that the property has been seized under a warrant to seize property or is the subject of a notice served under subsection (7A) must not, except with the written consent of the person executing the warrant to seize property—
(a) interfere with or dispose of that property; or
(b) deface or remove any mark attached to that property indicating that it had been so seized; or
(c) remove that property from the place at which it was situated when the notice was served.
Penalty applying to this subsection: 25 penalty units or 6 months imprisonment or both.
S. 111(7C) inserted by No. 33/1994 s. 15.
(7C) Nothing in subsection (7B) affects the powers of the Court or of the Supreme Court in relation to contempt.
(8) The following orders may, subject to and in accordance with the Rules, be enforced by a warrant of delivery:
(a) An order for the delivery of goods;
(b) An order for the delivery of goods or the payment of their assessed value.
(9) An order for the payment of the assessed value of goods may be enforced by the same means as any other order for the payment of money.
S. 111(9A) inserted by No. 33/1994 s. 14.
(9A) A person to whom an attachment of earnings order is directed must not fail to comply with the order.
Penalty: 60 penalty units or 6 months imprisonment or both.
S. 111(9B) inserted by No. 33/1994 s. 14.
(9B) It is a defence to a charge under subsection (9A) for the person charged to prove that he, she or it took all reasonable steps to comply with the order.
S. 111(9C) inserted by No. 33/1994 s. 14.
(9C) Nothing in subsection (9A) affects the powers of the Court or of the Supreme Court in relation to contempt of court.
(10) A person must not dismiss an employee or injure an employee in the employee's employment or alter an employee's position to the prejudice of the employee because an attachment of earnings order has been made in relation to the employee or the employee is required to make payments under an attachment of earnings order.
Penalty: 5 penalty units.
(11) The Court may order a person convicted of an offence under subsection (10) to reimburse the employee any lost wages and to cause the employee to be reinstated in the employee's former position or in a similar position.
(12) An amount ordered to be reimbursed under subsection (11) may be recovered from the convicted person in the same manner as the penalty to which that person is liable under subsection (10) and may be included in the same warrant.
(13) An attachment of earnings order may apply to earnings falling to be paid—
(a) by the Crown; or
(b) by a statutory authority representing the Crown; or
(c) out of the Consolidated Fund.
(14) Nothing in this section takes away from the power of the Court to make, or from the right of a person to apply for, an instalment order under the Judgment Debt Recovery Act 1984 .