Victorian Numbered Acts Victorian Numbered Acts(1) For section 40(2)(b) of the Sheriff Act 2009 substitute —
"(b) must not execute the infringement warrant unless—
(i) the person has been arrested under the warrant to imprison; or
(ii) the person is in a police gaol in the legal custody of the Chief Commissioner of Police or in a prison in the legal custody of the Secretary; and".
(2) For section 40(2)(c) of the Sheriff Act 2009 substitute —
"(c) must not execute the warrant to arrest—
(i) unless a seven day demand relating to the warrant to arrest is served on the person before the warrant to imprison has been received by the sheriff and—
(A) the period under that seven day demand has expired and no liability discharge event has occurred before the warrant to imprison is executed; or
(B) the operation of the period under that seven day demand has been waived by the person; or
(ii) unless the person is released from the legal custody of the Chief Commissioner of Police or the Secretary (as the case requires) and—
(A) the period under a seven day demand relating to the warrant to arrest and served on the person has expired and no liability discharge event has occurred; or
(B) the operation of the period under that seven day demand has been waived by the person.".