Victorian Numbered Acts

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FINES REFORM ACT 2014 (NO. 47 OF 2014) - SECT 118

Notice of seizure of property

    (1)     A person who executes an enforcement warrant may serve on—

        (a)     the fine defaulter against whom the enforcement warrant is issued and whose personal property is seized under the enforcement warrant; or

        (b)     a person who is in possession of any personal property of the fine defaulter against whom the enforcement warrant is issued that is seized under the enforcement warrant

a notice in the form prescribed by the rules of court under the Magistrates' Court Act 1989 informing the person served with the notice—

        (c)     that the fine defaulter, or person in possession of the personal property of the fine defaulter, is responsible for the safe-keeping of the personal property seized under the enforcement warrant that is described in the notice; and

        (d)     informing the fine defaulter or other person of the provisions of subsection (2).

    (2)     A person who knows that property has been seized under an enforcement warrant or is the subject of a notice served under subsection (1) must not, except with the written consent of the sheriff—

        (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:     25 penalty units or 6 months imprisonment or both.

    (3)     Nothing in subsection (2) affects the powers of the Supreme Court, the County Court or the Magistrates' Court in relation to contempt.



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