Victorian Numbered Acts

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FINES REFORM ACT 2014 (NO. 47 OF 2014) - SECT 53

Allocation of money received under payment arrangement

    (1)     The Director must allocate money received under a payment arrangement in order of priority based on the date of each infringement fine or court fine under the payment arrangement, with the oldest fine being paid out first unless, in relation to a court fine, a court order provides otherwise for the priority of payment of any fine to which that order relates.

    (2)     The order of priority to be applied when payments under a payment arrangement are allocated applies—

        (a)     to all payment arrangements made by the Director with a person; and

        (b)     regardless of the origin of the infringement fine or court fine under the payment arrangement.

    (3)     If a person to whom a payment arrangement applies makes an overpayment by continuing payments after the payment arrangement is completed, the Director must advise the person of the overpayment and may—

        (a)     if the person has other fines, offer to apply the amount of the overpayment to those fines if the person—

              (i)     consents to the amount being so applied; and

              (ii)     directs the Director to do so; or

        (b)     refund the amount of the overpayment to the person and—

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

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



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