Australian Capital Territory Current Regulations

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COURT PROCEDURES RULES 2006 - REG 2206

Seizure and sale order—notice of property seized

    (1)     If an enforcement officer seizes personal property at a place under a seizure and sale order, the enforcement officer must—

        (a)     make an inventory of the seized property that is sufficient to identify it; and

        (b)     give notice of the seizure and a copy of the inventory to—

              (i)     the enforcement debtor; or

              (ii)     if the enforcement debtor is not present but a person who appears to be at least 16 years old and to live or be employed at the place, or to be in possession of the property, is present—that person.

Note     See approved form 2.61 (Notice of seizure and inventory of property under seizure and sale order) AF2006-306

.

    (2)     The notice must include the following information:

        (a)     the amount (including any amount payable for interest and costs) required to satisfy the order debt;

        (b)     that application may be made under rule 2202 for an order exempting particular property from sale under the seizure and sale order;

        (c)     a summary of the process that is followed for sale of property under a seizure and sale order.

    (3)     If there is no-one present at the place who can be given the notice and a copy of the inventory, the enforcement officer must leave the notice and a copy of the inventory, secured conspicuously, at the place.

    (4)     However, subrule (3) does not require the enforcement officer to leave the notice and a copy of the inventory in a public place.



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