Western Australian Consolidated Acts

FIRE AND EMERGENCY SERVICES AUTHORITY OF WESTERN AUSTRALIA ACT 1998 - SECT 36ZC

36ZC .         Application for order for sale of land

        (1)         If an amount of levy that is due and payable on any land has been unpaid for 3 years or more, the Authority may apply to the Supreme Court for an order for the sale of the land, or part of the land, so that the proceeds of sale may be applied towards satisfaction of the outstanding amount of levy.

        (2)         At least 6 months before the Authority makes an application to the Supreme Court under this section, the Authority is to —

            (a)         have notice of the intended application published in 2 newspapers —

                  (i)         one circulating generally throughout the State; and

                  (ii)         one circulating generally throughout Australia;

            (b)         if the whereabouts of the owner of the land is known to the Authority — give written notice of the intended application to that person; and

            (c)         give written notice of the intended application to the holder of any registered encumbrance over the land whose whereabouts is known to the Authority.

        (3)         On an application under this section, the Supreme Court may order the sale of the land and make incidental orders —

            (a)         about how the sale is to be conducted;

            (b)         authorising an officer of the Court to execute documents, and to do anything else necessary, for the sale and transfer or conveyance of the land;

            (c)         authorising the Registrar of Titles to do anything necessary to register the purchaser’s title despite a duplicate certificate of title or other document not being produced;

            (d)         directing, subject to subsection (4), how the proceeds of sale are to be dealt with; and

            (e)         dealing with the costs of the proceedings and other matters.

        (4)         A sale by order of the Supreme Court discharges the land from any mortgage or other encumbrance securing a monetary obligation, but the land remains subject to any lease, easement or other encumbrance.

        (5)         The proceeds of sale are to be applied —

            (a)         firstly, in payment of the costs of the sale;

            (b)         secondly, in payment of the costs of the proceedings so far as those costs are, by order of the Court, to be paid out of the proceeds of sale;

            (c)         thirdly, in payment of the outstanding amount of levy; and

            (d)         fourthly, in discharging any outstanding monetary liability secured, immediately before the sale, by a mortgage or encumbrance referred to in subsection (4),

                and any remaining balance is to be applied as directed by the Court.

        [Section 36ZC inserted by No. 42 of 2002 s. 15.]