VICIn ForceAct
Magistrates' Court Act 1989
82IPower to assist police at road checks
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82I Power to assist police at road checks
S. 82I(1) amended by Nos 30/2013 s. 60(Sch. item 7), 37/2014 s. 10(Sch. item 101.8).
(1) This section applies if a police officer exercising a power conferred (whether directly or by implication) by the **Road Safety Act 1986** or the Heavy Vehicle National Law (Victoria) requests or signals the driver of a motor vehicle to stop the vehicle.
S. 82I(2) amended by Nos 9/2009 s. 75(1), 37/2014 s. 10(Sch. item 101.8).
(2) Once the vehicle has stopped, the police officer or any person who is a bailiff for the purposes of the **Supreme Court Act 1986** (other than a bailiff who is a sheriff's officer) may direct the driver of the vehicle—
(a) to keep the vehicle stationary;
(b) to drive the vehicle to a designated spot;
(c) to produce his or her driver licence document or permit document;
(d) to comply with any other reasonable direction—
to enable a determination of whether the driver, or any person accompanying the driver, is named in any warrant.
Note to s. 82I(2) inserted by No. 9/2009 s. 75(2).
See section 30 of the **Sheriff Act 2009** for the power of the sheriff, and by delegation, sheriff's officers, at police road checks.
(3) A person who is given a direction under subsection (2) must comply with the direction unless he or she has a reasonable excuse for not doing so.
1. 5 penalty units.
Pt 4 Div. 4 (Headings and ss 83–92) amended by Nos 49/1991 s. 119(7)(Sch. 4 items 13.3, 13.4), 33/1994 s. 12, 109/1994 s. 33, 64/1996 s. 34, 70/1996 s. 14(a), 48/1997 s. 66(1)(2), 69/1997 s. 29, 10/1999
ss 9–12, 48/2006 s. 42(Sch. item 22.7), repealed by No. 7/2009 s. 427(1)(d) (as amended by No. 68/2009 s. 54(m)).
Pt 4 Div. 5 (Heading and ss 93-96) amended by No. 33/1994 s. 13, 50/2006 s. 21(3), repealed by No. 7/2009 s. 427(1)(d) (as amended by No. 68/2009 s. 54(m)).
Division 6—Enforcement
Subdivision 1—Ordinary enforcement provisions
97 Imprisonment in default of payment of fine
(1) If the Court makes an order in a proceeding imposing a fine and the person fined is not present when the order is made—
(a) the principal registrar must cause to be sent by post to the person fined, at the address appearing on the charge-sheet or any later address notified to the Court by that person, a notice advising of the order imposing the fine; and
(b) the fine is payable—
(i) within 21 days after the posting to that person of a notice under paragraph (a); or
S. 97(1)(b)(ii) amended by Nos 49/1991 s. 119(7)
(Sch. 4
item 13.5), 32/2013 s. 55.
(ii) within such longer period as is ordered by the Court under a time to pay order within the meaning of the **Sentencing Act 1991**.
S. 97(2) repealed by No. 49/1991 s. 119(7)
(Sch. 4
item 13.6).
(3) If in any proceeding the Court orders a corporation to pay a fine then, despite anything in this or any other Act, that order may be enforced by a warrant to seize property.