Victorian Numbered Acts

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FINES REFORM ACT 2014 (NO. 47 OF 2014) - SECT 110

Execution of enforcement warrant—fine defaulter other than person in contravention of community work permit

    (1)     A person to whom an enforcement warrant is directed must cause a fine defaulter who is a natural person, other than a fine defaulter referred to in section 111, when arrested in accordance with an enforcement warrant and subject to any endorsement under section 106(4)

        (a)     in respect of any registered infringement fine—

              (i)     to be dealt with in accordance with Part 13, if appropriate; or

              (ii)     if the fine defaulter refuses to enter into an undertaking of bail or cannot be dealt with under Part 13, to take and safely convey the fine defaulter named in the enforcement warrant to a prison or a police gaol and there to deliver the fine defaulter to the officer in charge of the prison or police gaol for the purposes of being dealt with under Part 14; or

        (b)     in respect of any registered court fine—

              (i)     to be brought before the sentencing court that imposed the registered court fine on the person within 24 hours of being arrested to be dealt with under Part 3B of the Sentencing Act 1991 ; or

              (ii)     if it is not practicable to bring the fine defaulter before the sentencing court within 24 hours after being arrested, to be released on bail in accordance with the endorsement on the enforcement warrant.

    (2)     If a fine defaulter in respect of a registered infringement fine, when arrested, is not dealt with under subsection (1)(a)(i) or (ii), the person to whom the enforcement warrant is directed must cause the fine defaulter—

        (a)     to be brought before the Magistrates' Court within 24 hours of being arrested to be dealt with according to law; or

        (b)     if it is not practicable to bring the fine defaulter before the Magistrates' Court within 24 hours of being arrested, to be released on bail in accordance with the endorsement on the enforcement warrant.



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