When can an attachment of debts direction be made?
78 When can an attachment of debts direction be made?
Subject to this Division, the Director may make an attachment of debts direction in respect of a fine defaulter if the Director is satisfied that the fine defaulter owes a total amount outstanding which is not less than the attachment of debts threshold.
For the purposes of subsection (1), the total amount outstanding may be constituted by any amounts outstanding under—
one registered fine; or
S. 78(2)(b) amended by No. 59/2017 s. 28(a).
multiple registered fines; or
S. 78(2)(c) inserted by No. 59/2017 s. 28(b).
one registered collection and enforcement order; or
S. 78(2)(d) inserted by No. 59/2017 s. 28(b).
multiple registered collection and enforcement orders.
An attachment of debts direction remains in force if, during the period of operation of the direction—
the amount outstanding falls below the attachment of debts threshold; or
the amount outstanding falls below the attachment of debts threshold and the Director varies the attachment of debts direction under section 84.
The Director must not make an attachment of debts direction—
unless the debt is due or accruing to the fine defaulter from the garnishee; and
unless the garnishee is within Victoria.
An attachment of debts direction may be made—
at the discretion of the Director; or
on the application of the fine defaulter.
S. 79 (Heading) amended by No. 59/2017 s. 79(1).
S. 79 amended by No. 59/2017 s. 79(2).
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