Victorian Numbered Acts

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INFRINGEMENTS ACT 2006 (NO 12 OF 2006) - SECT 79

Allocation of money under payment order

    (1)     An infringements registrar must allocate money received under a payment order in order of priority based on the date of the making of an enforcement order with the fine under the oldest enforcement order being paid out first.

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

        (a)     to all payment orders managed by an infringements registrar; and

        (b)     regardless of the origin of the infringement notices to which the payment order applies.

    (3)     If a person to whom a payment order applies overpays the amount to which the payment order applies by continuing payments after the payment order is satisfied, an infringements registrar may—

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

              (i)     the Consolidated Fund is hereby appropriated accordingly; or

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

        (b)     if the person has other outstanding enforcement orders that were not subject to the payment order, apply the amount of overpayment to those outstanding enforcement orders if the person consents to the amount being so applied.

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