Victorian Numbered Acts

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FINES REFORM ACT 2014 (NO. 47 OF 2014) - SECT 26

Registered fine of body corporate is recoverable as debt

    (1)     On the registration of a fine for which a body corporate is liable—

        (a)     that fine becomes a debt due and payable to the State of Victoria; and

        (b)     the Director is authorised to recover the amount payable in any court of competent jurisdiction as a debt due to the Crown; and

        (c)     the Director must apply any amount recovered as a due debt to the payment of the fine in accordance with this Act.

    (2)     Unless a court otherwise orders, the Director must allocate money recovered as a debt to the payment of the outstanding registered fine and, if more than one registered fine, in order of priority based on the date of the registered fine, with the oldest registered fine being paid out first.

    (3)     If money recovered as a debt results in an overpayment, the Director must advise the body corporate of the overpayment and may—

        (a)     if the body corporate has other registered fines, apply the amount of the overpayment to those registered fines if the body corporate directs the Director to do so; or

        (b)     refund the amount of the overpayment to the body corporate and—

              (i)     if the amount had been paid into the Consolidated Fund, the Consolidated Fund is, to the necessary extent, appropriated accordingly; or

              (ii)     if the amount had been paid into another fund or account, the amount is to be refunded from that fund or account.

    (4)     This section does not apply if a body corporate has made a payment arrangement in relation to the registered fine and is complying with that arrangement.



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