Victorian Numbered Acts

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FINES REFORM ACT 2014 (NO. 47 OF 2014) - SECT 121

Executing enforcement warrant after expiry of seven-day notice

    (1)     Seven days after the service of a seven-day notice, the sheriff—

        (a)     must make a demand on the fine defaulter in respect of whom the enforcement warrant has been issued if a demand for payment of the amount outstanding has not previously been made; and

        (b)     subject to subsection (2), may take any step in the execution of the enforcement warrant (including selling any personal property seized during that period) if the registered fine or any part of the registered fine remains unpaid.

    (2)     An enforcement warrant must not be executed against a fine defaulter if the fine defaulter—

        (a)     has made the first payment under a payment arrangement; or

        (b)     has not rejected a proposed payment arrangement under section 45(5); or

        (c)     has applied for a payment arrangement which has not been determined; or

        (d)     has applied for an enforcement review which has not been determined.

    (3)     No step may be taken in the execution of an enforcement warrant issued against a fine defaulter if the person has made an application for a payment arrangement or an application for enforcement review which has not been determined, until the application is determined.



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