Executing enforcement warrant after expiry of seven‑day notice
121 Executing enforcement warrant after expiry of seven‑day notice
Seven days after the service of a seven-day notice, the sheriff—
must make a demand on the fine defaulter in respect of whom the enforcement warrant has been issued if a demand for payment of the amount outstanding has not previously been made; and
S. 121(1)(b) amended by No. 59/2017 s. 35.
subject to subsection (2), may take any step in the execution of the enforcement warrant (including selling any personal property seized during that period) if the registered fine or any part of the registered fine or the registered collection and enforcement order or any part of the registered collection and enforcement order remains unpaid.
An enforcement warrant must not be executed against a fine defaulter if the fine defaulter—
has made the first payment under a payment arrangement; or
has not rejected a proposed payment arrangement under section 45(5); or
has applied for a payment arrangement which has not been determined; or
S. 121(2)(d) amended by No. 29/2016 s. 34(1)(a).
has applied for an enforcement review which has not been determined; or
S. 121(2)(e) inserted by No. 29/2016 s. 34(1)(b), substituted by No. 59/2017 s. 86.
is the subject of an application for a work and development permit which has not been determined; or
S. 121(2)(ea) inserted by No. 17/2022 s. 42.
has applied for a determination that they are an FVS eligible person for the purposes of the family violence scheme and that application has not been determined; or
S. 121(2)(f) inserted by No. 29/2016 s. 34(1)(b).
has applied for an attachment of earnings direction which has not been determined; or
S. 121(2)(g) inserted by No. 29/2016 s. 34(1)(b).
has applied for an attachment of debts direction which has not been determined.
S. 121(3) substituted by No. 29/2016 s. 34(2).
If an application referred to in subsection (2)(c), (d), (e), (f) or (g) has been made by the fine defaulter, no step may be taken in the execution of an enforcement warrant until the application is determined.
S. 122 (Heading) amended by No. 59/2017 s. 36(1).
This Act’s bill:Explanatory memorandumSecond reading speech
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