Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations (1) An enforcement
officer must:
(a) seize or sell
property of the respondent in the sequence that the enforcement officer
considers is best for:
(i) promptly enforcing
the Warrant;
(ii) avoiding undue
expense or delay; and
(iii) minimising
hardship to the payer and any other person affected;
(b) on enforcing the
Warrant:
(i) serve a copy of
the Warrant on the payer; or
(ii) leave the Warrant
at the place where it was enforced;
(c) give the payer an
inventory of any property seized under the Warrant;
(d) advertise the
property in accordance with rule 20.21; and
(e) sell the seized
property:
(i) quickly, having
regard to the parties’ interests and the desirability of a beneficial
sale of the property;
(ii) at the place
where it seems best for a beneficial sale of the property; and
(iii) by auction,
tender or private sale.
Note For the powers an enforcement officer has in relation
to the enforcement of a warrant, see rule 20.60.
(2) The enforcement
officer may:
(a) postpone the sale
of the property;
(b) refuse to proceed
with the sale of the property;
(c) seek further
information or documents from a payee;
(d) defer enforcement
until a fee or expense is paid or an undertaking to pay the fee or expense is
given;
(e) require the payee
to indemnify the enforcement officer against any claims arising from the
enforcement;
(f) sign any documents
relating to the transfer of ownership of the property, and any other documents
necessary to give title of the property to the purchaser of the property; and
(g) recover reasonable
fees and expenses associated with the enforcement.
(3) For paragraph (2)
(g), fees and expenses recovered by an enforcement officer for enforcing a
Warrant are taken to be reasonable if the fees and expenses are in accordance
with a legislative provision of the Commonwealth, or the State or Territory in
which the warrant was enforced.