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.