Victorian Numbered Acts

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FINES REFORM ACT 2014 (NO. 47 OF 2014) - SECT 109

What does an enforcement warrant authorise?

    (1)     An enforcement warrant

        (a)     authorises the person to whom it is directed to break, enter and search any residential or business premises occupied by the fine defaulter named in the enforcement warrant for any personal property of the fine defaulter; and

        (b)     directs and authorises the person to whom it is directed—

              (i)     to seize the personal property of the fine defaulter named in the enforcement warrant; and

              (ii)     if the amounts specified in the enforcement warrant together with all lawful costs of execution are not paid, to sell the personal property seized.

    (2)     An enforcement warrant issued against a fine defaulter who is a natural person, including a fine defaulter who was subject to a community work permit—

        (a)     authorises the person to whom it is directed to break, enter and search for the fine defaulter in any place where the fine defaulter named in the enforcement warrant is suspected to be; and

        (b)     subject to any endorsement under section 106(4), directs and authorises the person to whom it is directed to arrest the fine defaulter named in the enforcement warrant.

    (3)     Nothing in this section requires a person to whom an enforcement warrant is directed—

        (a)     to break and enter a property for the purpose of finding and seizing personal property; or

        (b)     in the case of an enforcement warrant issued against a fine defaulter who is a natural person, to break and enter a property for the purpose of finding and seizing personal property before arresting the person named in the enforcement warrant.

    (4)     Despite subsection (3)(b), a person to whom an enforcement warrant is directed must not arrest the fine defaulter named in the enforcement warrant unless the person executing the enforcement warrant reasonably believes that there is not sufficient personal property of the fine defaulter named in the enforcement warrant to satisfy the amounts specified in the enforcement warrant together with all lawful costs of execution.



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