Victorian Numbered Acts

FINES REFORM AND INFRINGEMENTS ACTS AMENDMENT ACT 2016 (NO. 29 OF 2016) - SECT 16

    (1)     In section 29(1) of the Fines Reform Act 2014 —

        (a)     in paragraph (b), for "execution." substitute "execution; or";

        (b)     after paragraph (b) insert —

    "(c)     the person executing an enforcement warrant issued against the body corporate in relation to the registered fine is or may be able to find sufficient personal property of the body corporate to satisfy the amounts in the enforcement warrant together with all lawful costs of execution but, in the course of executing the enforcement warrant, the person becomes aware that the body corporate is under administration within the meaning of the Corporations Act.".

    (2)     At the foot of section 29(1) of the Fines Reform Act 2014 insert —

" Note

A person executing an enforcement warrant must not seize property of a body corporate that is under administration within the meaning of the Corporations Act.".

    (3)     After section 29(5) of the Fines Reform Act 2014 insert —

    "(6)     Before taking any enforcement action referred to in subsection (5), the Director must serve a notice of final demand on the declared director.".