Victorian Numbered Acts

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FINES REFORM ACT 2014 (NO. 47 OF 2014) - SECT 76

Allocation of money under attachment of earnings direction

    (1)     The Director must allocate money received under an attachment of earnings direction in order of priority with the amount outstanding under the oldest fine being paid out first.

    (2)     The order of priority to be applied when payments under an attachment of earnings direction are allocated applies—

        (a)     to all attachment of earnings directions managed by the Director; and

        (b)     regardless of the origin of the fine to which the attachment of earnings direction applies.

    (3)     If a person to whom an attachment of earnings direction is directed overpays the amount to which the attachment of earnings direction applies by continuing payments after the attachment of earnings direction is satisfied, the Director may—

        (a)     refund the amount of the overpayment to the fine defaulter in respect of whom the attachment of earnings direction was made 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; or

        (b)     if the fine defaulter in respect of whom the attachment of earnings direction was made has other outstanding registered fines that were not subject to the attachment of earnings direction, apply the amount of the overpayment to those registered fines if the fine defaulter consents to the amount being so applied.



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