STATE PENALTIES ENFORCEMENT ACT 1999 - SECT 73J
Accountability for, and distribution of, money received
STATE PENALTIES ENFORCEMENT ACT 1999 - SECT 73J
Accountability for, and distribution of, money received
73J Accountability for, and distribution of, money received
(1) An enforcement officer must pay to the registrar all proceeds of sale and
other money received by the enforcement officer under an enforcement warrant
as soon as practicable after receiving the money, whether before or after the
seizure of property under the warrant.
(2) However, before making the
payment, the enforcement officer may deduct the enforcement officer’s fees
and expenses in relation to enforcement or attempted enforcement.
(3) The
registrar must apply the money received from the enforcement officer in the
following order—
(a) in payment of any other enforcement costs incurred by
SPER in seizing and selling, or attempting to seize and sell, the property;
(b) if there is an amount owing to an entity under a security interest
registered for the property on the PPS register before the charge on the
property is mentioned on the register—in payment of the amount owing under
the security interest;
(c) in payment of the amount recoverable under the
enforcement warrant other than costs;
(d) if there is an amount owing to an
entity under a security interest registered for the property on the
PPS register after the charge on the property is mentioned on the
register—in payment of the amount owing under the security interest;
(e) in
payment of any balance to the enforcement debtor.
(4) To remove any doubt, it
is declared for subsection (3) (b) and (d) that, if there is an amount owing
to more than 1 entity, the priority between the entities is to be determined
under the PPS Act .
