98Enforcement of fines against corporations

98 Enforcement of fines against corporations ***director***, in relation to a body corporate, includes any person occupying the position of director of the body corporate (by whatever name called) and includes a person in accordance with whose directions or instructions the directors of the body corporate are accustomed to act; ***reciprocating court*** means a court of a reciprocating State or Territory declared by proclamation under this section to be a reciprocating court; ***reciprocating State or Territory*** means another State or a Territory of the Commonwealth that is declared by proclamation under this section to be a reciprocating State or Territory. (2) The Governor in Council may, subject to subsection (3), declare another State or a Territory of the Commonwealth to be a reciprocating State or Territory for the purposes of the enforcement against a body corporate in Victoria of a fine payable under an order of a court having summary jurisdiction in the other State or in the Territory. (3) A State or Territory the subject of a proclamation under subsection (2) must have laws providing for enforcement against a body corporate in that State or Territory of a fine payable under an order of the Magistrates' Court or other court having summary jurisdiction in Victoria. (4) The Governor in Council may by proclamation declare a court having summary jurisdiction in a reciprocating State or Territory to be a reciprocating court for the purposes of the enforcement against a body corporate in Victoria of a fine payable under a conviction or order of that court. (5) For the purposes of subsection (4) a court may be declared singly or in conjunction with another or others by such description or class or by means of any reference that the Governor in Council thinks fit. (6) If, under an order of a reciprocating court made in the exercise of its summary jurisdiction— (a) a fine is payable by a body corporate having or appearing to have property in Victoria; and (b) a registrar of the Magistrates' Court at a venue at or near to a place where the body corporate has or appears to have property, receives a request in writing from a registrar or other corresponding officer of the reciprocating court for the enforcement of the order accompanied by— (i) a certified copy of the order; and (ii) a certificate signed by the registrar or corresponding officer making the request certifying the amount of the fine outstanding under the order— the registrar must register the order in the Magistrates' Court by filing in the Court a certified copy of the order and must note the date of registration on the copy. (7) On the registration of an order under subsection (6)— (a) the order is deemed to be an order of the Magistrates' Court requiring payment by the body corporate of the amount of the fine referred to in the certificate under subsection (6) as outstanding; and (b) the registrar may issue a warrant to seize property of the body corporate for the purpose of recovering the amount of the fine; and (c) the warrant issued under paragraph (b) is deemed to be a warrant to seize property issued under this Act and the provisions of this Act, with any necessary modifications, apply and extend to the enforcement of that warrant. (8) If the registrar receives, after the request for the enforcement of the order, a notification from the registrar or other corresponding officer of the reciprocating court of payment by or on behalf of the body corporate of the whole or part of the outstanding fine, the registrar must— (a) note the particulars of the payment on the certified copy of the order filed in the Court; and (b) arrange for the return of the warrant issued under subsection (7)(b), if it is unexecuted; and (c) if the fine— (i) has been paid in full, withdraw the warrant; or (ii) has not been paid in full, amend the warrant to show the amount still outstanding, and the warrant may be enforced in respect of the altered amount. (9) The registrar of the Magistrates' Court must remit to the registrar or other corresponding officer of the reciprocating court which made the order any sum of money received in satisfaction of the whole or part of a fine payable under an order enforced under subsection (7). (10) Any sum of money paid to or received by a registrar of the Magistrates' Court from a reciprocating court in satisfaction of the whole or part of a fine payable under an order of the Magistrates' Court enforced by the reciprocating court must be paid to or received by and applied by the registrar as if the sum had been paid to the registrar by the body corporate by which the fine was payable. Pt 4 Div. 6 Subdiv. 2 (Heading) amended by Nos 12/2006 s. 170, 47/2014 s. 274. Subdivision 2—Procedure for enforcement of infringement penalties under the Fines Reform Act 2014 S. 99 amended by No. 70/1996 s. 8, substituted by Nos 12/2006 s. 171 (as amended by No. 32/2006 s. 53(1)), 47/2014 s. 275.