Victorian Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

INFRINGEMENTS ACT 2006 (NO 12 OF 2006) - SECT 100

Recovery of motor vehicle by registered operator within prescribed period

    (1)     The sheriff, or a police member on the direction of the sheriff, must release a detained or immobilised motor vehicle to the registered operator of the motor vehicle if any of the following occurs before the expiry of the prescribed period—

        (a)     payment in full of—

              (i)     the amount outstanding under the infringement warrant or enforcement order; and

              (ii)     any costs incurred as the result of the detention, immobilisation or impoundment of the motor vehicle under this Part;

        (b)     the person against whom an infringement warrant has been issued becomes subject to a payment order;

        (c)     an attachment of earnings order or an attachment of debts order is made in relation to the person against whom an infringement warrant has been issued;

        (d)     an application for revocation of the enforcement order is granted by an infringements registrar or the Court;

        (e)     an application against a refusal to revoke an enforcement order is granted;

        (f)     seizure of property under this Act sufficient to satisfy the amount outstanding under the infringement warrant or enforcement order;

        (g)     in the case of a natural person, including a director to whom a declaration under section 91 applies, the person is arrested under this Act;

        (h)     the infringement warrant issued against the person has been recalled and cancelled by an infringements registrar;

              (i)     the infringement warrant issued against the person has expired;

        (j)     the sheriff, in his or her discretion, considers that it is otherwise appropriate to release the motor vehicle.

    (2)     On the release of a motor vehicle under sub-section (1), the registered operator against whom the infringement warrant was issued is liable for any costs incurred as a result of the detention, immobilisation or impoundment of the motor vehicle under this Part.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback