Victorian Numbered Acts

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CHILDREN, YOUTH AND FAMILIES ACT 2005 (NO 96 OF 2005) - SECT 418

Enforcement of orders in addition to sentence

    (1)     In this section, "appropriate court" means a court that has jurisdiction to enforce a debt of an amount equivalent to the amount required to be paid under an order made under section 417.

    (2)     A person in whose favour an order is made under section 417 may enforce the order, during the period of 5 years following the making of the order, by filing in the appropriate court

        (a)     a copy of the order certified by the principal registrar of the Children's Court to be a true copy; and

        (b)     that person's affidavit as to the amount not paid under the order.

    (3)     Despite any requirement by or under any other Act, no charge is to be made for filing a copy of an order or an affidavit under this section.

    (4)     On filing, the order must be taken to be an order of the appropriate court and may be enforced accordingly subject to the following—

        (a)     no order may be made under section 19 of the Judgment Debt Recovery Act 1984 ; and

        (b)     no order of imprisonment may be made under the Imprisonment of Fraudulent Debtors Act 1958 .



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