77Recovery and application of penalties

77 Recovery and application of penalties (1) Subject to section 92, any penalty for an offence committed against section 91 may be recovered— S. 77(1)(a) amended by No. 9/2020 s. 390(Sch. 1 item 70.1). (a) if the fire prevention notice was served by a fire prevention officer, in accordance with section 313 of the **Local Government Act 2020**; S. 77(1)(b) substituted by No. 24/1997 s. 49(1), amended by Nos 5/2012 s. 92(1), 20/2019 s. 122(1). (b) if the fire prevention notice was served by Fire Rescue Victoria, by any person authorised by Fire Rescue Victoria. S. 77(2) amended by Nos 24/1997 s. 49(2), 5/2012 s. 92(2), 20/2019 s. 122(2). (2) Any penalty for an offence committed against any other provision of this Act or the regulations may be recovered by any person authorised by Fire Rescue Victoria. (3) All penalties recovered for offences committed against section 91, including penalties recovered under section 92, are to be paid— (a) if the fire prevention notice was issued by a fire prevention officer, to the relevant municipal council; S. 77(3)(b) amended by Nos 24/1997 s. 49(3), 20/2019 s. 122(3). (b) if the fire prevention notice was issued by Fire Rescue Victoria, to Fire Rescue Victoria. S. 77(4) amended by No. 20/2019 s. 122(2). (4) All penalties recovered for any other offences against this Act or the regulations are to be paid to Fire Rescue Victoria. S. 77A inserted by No. 51/2005 s. 74, S. 78 amended by No. 50/1989 s. 40(a)(b), repealed by No. 24/1997 s. 50, new s. 78 inserted by No. 5/2012 s. 93.