Victorian Numbered Acts

SHERIFF ACT 2009 (NO. 9 OF 2009) - SECT 40

    (1)     This section applies if the sheriff has the following warrants to execute against the same person—

        (a)     a warrant to imprison;

        (b)     a warrant to arrest;

        (c)     an infringement warrant.

    (2)     The sheriff, in accordance with the relevant court and enforcement legislation—

        (a)     must execute the warrant to imprison; and

        (b)     must not execute the infringement warrant unless the person is—

              (i)     in a police gaol in the legal custody of the Chief Commissioner of Police; or

              (ii)     in a prison in the legal custody of the Secretary; and

        (c)     must not execute the warrant to arrest—

              (i)     unless the person is released from the legal custody of the Chief Commissioner of Police or the Secretary (as the case requires); and

              (ii)     unless—

    (A)     the period under a seven day demand relating to the warrant to arrest and served on the person has expired and a liability discharge event has not occurred; or

    (B)     the operation of the period under that seven day demand has been waived by the person.

    (3)     In this section—

"liability discharge event" means—

        (a)     the person has paid the fine or instalment under an instalment order to which the warrant to arrest relates, or any part of the fine or instalment, together with all warrant costs; or

        (b)     the person has obtained an instalment order or time to pay order; or

        (c)     the person has consented to the making of a community-based order.