Victorian Numbered Acts

FINES REFORM ACT 2014 (NO. 47 OF 2014) - SECT 120

    (1)     Subject to subsection (2), during a period of 7 days after service of a seven-day notice, a person authorised to execute an enforcement warrant—

        (a)     may seize and take possession of the personal property of the fine defaulter in respect of whom the enforcement warrant was issued; and

        (b)     must not remove that personal property from the residential or business property in which it is situated unless the person executing the enforcement warrant believes on reasonable grounds that it is necessary to do so to avoid it being disposed of or removed.

    (2)     A person must not seize and take possession of personal property under subsection (1) unless—

        (a)     a demand has been made under section 119(1)(b); or

        (b)     before the seizure and taking possession of personal property under subsection (1), a demand for payment of the registered fine is made.

    (3)     A person who executes an enforcement warrant by removing property during the period referred to in subsection (1) must—

        (a)     make a written statement specifying the reason for so doing; and

        (b)     file a copy of the written statement with the Director and the registrar.

Note

It is an offence to give false or misleading information in a statement required by or under this Act. See  section 184.