Victorian Numbered Acts

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INFRINGEMENTS ACT 2006 (NO 12 OF 2006) - SECT 77

Infringements registrar may make payment order

    (1)     On considering an application for a payment order, an infringements registrar may do one or more of the following—

        (a)     make an order allowing additional time for the payment of the fine or the balance of the fine;

        (b)     make an order directing payment of the fine to be made by instalments;

        (c)     make an order directing payment of the fine or instalments to be made at the time or times specified by an infringements registrar;

        (d)     adjourn the application;

        (e)     approach relevant financial institutions to establish the veracity of the financial circumstances outlined by the applicant.

    (2)     A payment order may include any outstanding costs that the sheriff has incurred in carrying out any sanction under this Act.

    (3)     At any time after the issue of an infringement warrant against a natural person (other than a director to whom a declaration under section 91 applies), if an infringements registrar makes a payment order in respect of the fine and recalls and cancels the warrant, the infringements registrar must include in the amount of the fine the fee payable under section 81 in respect of the cancelled warrant.

    (4)     Despite anything to the contrary in this Act, an infringements registrar may determine not to include the fee referred to in sub-section (3) in the amount of the fine if satisfied that there are sufficient grounds for not including that fee.

    (5)     While a payment order is in force and is being complied with—

        (a)     the enforcement order operates subject to it; and

        (b)     the execution of the enforcement order is stayed and—

              (i)     an infringements registrar may recall any infringement warrant issued in respect of the order; or

              (ii)     any infringement warrant issued in respect of the order remains issued until recalled but is not to be enforced.

    (6)     If an infringements registrar has granted an application for a payment order and the infringements registrar subsequently discovers that the applicant supplied false or misleading information in the application about the applicant's financial circumstances, the infringements registrar may—

        (a)         set aside the payment order; and

        (b)     issue an infringement warrant against the person or release the stay on the execution of the warrant imposed under sub-section (5)(b), as the case requires.



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