VICIn ForceAct
Fines Reform Act 2014
119Warning of execution of enforcement warrant—seven-day notice
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119 Warning of execution of enforcement warrant—seven-day notice
(1) A person authorised to execute an enforcement warrant against a fine defaulter who is a natural person must not take any step to execute the enforcement warrant under this Part unless—
(a) that person or another person has served on the fine defaulter in respect of whom the enforcement warrant has been issued a seven-day notice containing the prescribed details; and
See Division 2 of Part 15 for service requirements.
(b) if the person authorised to execute an enforcement warrant is the sheriff, the sheriff has made a demand on the fine defaulter in respect of whom the enforcement warrant has been issued.
(2) If a seven-day notice is served on a fine defaulter by a person other than the sheriff, a demand for payment is not to be made at the time of service of the seven-day notice.
S. 119(3) amended by No. 29/2016 s. 33, substituted by No. 59/2017 s. 85.
(3) A seven-day notice must include a warning that, on the expiry of 7 days or earlier if the person has waived the operation of the unexpired period of another seven-day notice under section 36 of the **Sheriff Act 2009**, the enforcement warrant may be executed and the fine defaulter arrested or the property of the fine defaulter seized unless the fine defaulter—
(a) has paid the registered fine; or
S. 119(3)(ab) inserted by No. 59/2017 s. 34.
(ab) has paid the registered collection and enforcement order; or
S. 119(3)(b) amended by No. 17/2022 s. 41(1).
(b) has applied for an enforcement review which has not been determined; or
(c) has made a payment arrangement; or
S. 119(3)(d) amended by No. 17/2022 s. 41(2)(a).
(d) is the subject of an application for a work and development permit which has not been determined; or
S. 119(3)(e) inserted by No. 17/2022 s. 41(2)(b).
(e) has applied for a determination that they are an FVS eligible person for the purposes of the family violence scheme and that application has not been determined.