Text as at 15 April 2026

This provision has not been checked by a human. The text below was read automatically from the official PDF and has not yet been verified against it, so it may differ from the provision as published — in its wording, its numbering, or where one provision ends and the next begins. For the authorised text, see legislation.vic.gov.au.

73 Warrant to seize property

(1)A warrant to seize property may be issued—

(a)if the accused in a criminal proceeding in the Court fails to comply with an order for the payment of a fine or of any instalment under an instalment order; or

S. 73(1)(a) amended by No. 68/2009 s. 97(Sch. item 82.35).S. 73(2)(a) amended by No. 37/2014 s. 10(Sch. item 101.5(a)(i)).

(b)as authorised by any other Act.

S. 73(2)(b) amended by No. 37/2014 s. 10(Sch. item 101.5(a)(ii)).

(2)A warrant to seize property may be directed to—

(a)a named police officer; or

(b)generally all police officers; or

(ba)the sheriff; or

S. 73(2)(ba) inserted by No. 34/1990 s. 4(Sch. 3 item 7).

(c)any other person authorised by law to execute a warrant to seize property.

(3)A warrant to seize property directed to a named police officer may be executed by any police officer.

S. 73(3) amended by No. 37/2014 s. 10(Sch. item 101.5(b)).

(3AA)A warrant to seize property under subsection (1)(a) or section 98(7)(b) to be directed to the sheriff (other than a warrant referred to in subsection (3A)) may be issued, not in paper form, but by a magistrate or registrar signing a document containing the following particulars in relation to persons against whom a warrant is to be issued under subsection (1)(a) or section 98(7)(b) and causing those particulars to be transferred electronically to the sheriff in accordance with the regulations, if any:

S. 73(3AA) inserted by No. 69/1997 s. 28(2).

(a)the name of the person in default;

(b)the type of warrant;

(c)the amount of the fine or instalment remaining unpaid;

(d)the date of issue of the warrant;

(e)the name of the magistrate or registrar signing the document;

(f)any other particulars that are prescribed.

(3AB)A warrant issued in accordance with subsection (3AA)—

S. 73(3AB) inserted by No. 69/1997 s. 28(2).

(a)directs and authorises the sheriff to do all things that he or she would have been directed and authorised to do if a warrant containing the particulars referred to in subsection (3AA) and directed to the sheriff had been issued in paper form under subsection (1)(a) or section 98(7)(b) by the magistrate or registrar;

(b)must not be amended, altered or varied after its issue, unless the amendment, alteration or variation is authorised by or under this or any other Act.

* * * * *

(4)Subsections (4) to (7) of section 111 apply to a warrant to seize property directed to the sheriff under this Subdivision in the same manner as they apply to a warrant to seize property directed to the sheriff in a civil proceeding.

S. 73(4) inserted by No. 34/1990 s. 4(Sch. 3 item 8).