Victorian Numbered Acts

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FINES REFORM ACT 2014 (NO. 47 OF 2014) - SECT 115

Persons to whom enforcement warrant may be directed

    (1)     An enforcement warrant, other than an enforcement warrant issued against a body corporate, may be directed to—

        (a)     the sheriff; or

        (b)     a named police officer; or

        (c)     generally all police officers; or

        (d)     the Commissioner within the meaning of the Corrections Act 1986 ; or

        (e)     any other person authorised by law to execute an enforcement warrant.

    (2)     An enforcement warrant issued against a body corporate must be directed to the sheriff.

    (3)     An enforcement warrant directed to the sheriff may be issued, not in paper form, but by the registrar causing to be entered in the register kept for the purpose—

        (a)     the type of enforcement warrant; and

        (b)     the prescribed information; and

        (c)     the date of issue of the enforcement warrant.

    (4)     An enforcement warrant issued in accordance with subsection (3) must not be amended, altered or varied after its issue, unless the amendment, alteration or variation is authorised by or under this Act or any other Act.

    (5)     An enforcement warrant directed to the sheriff, if the sheriff so directs, may be executed by—

        (a)     a named person who is a bailiff for the purposes of the Supreme Court Act 1986 ; or

        (b)     generally all persons who are bailiffs for the purposes of the Supreme Court Act 1986 ; or

        (c)     a named police officer; or

        (d)     generally all police officers; or

        (e)     in the case of an enforcement warrant issued against a natural person, generally all prison officers.

    (6)     A direction may be given by the sheriff under subsection (5) by—

        (a)     endorsing the execution copy of the enforcement warrant with the direction; or

        (b)     issuing an enforcement warrant to the same effect as the original enforcement warrant but directed in accordance with that subsection.

    (7)     An enforcement warrant endorsed or issued by the sheriff in accordance with subsection (6) directs and authorises the person to whom it is directed to do all things that the person would have been directed and authorised to do by the original enforcement warrant if it had been directed to that person.

    (8)     An enforcement warrant directed to a named police officer may be executed by any police officer.

    (9)     An enforcement warrant directed to a named bailiff may be executed by any bailiff.



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