Australian Capital Territory Current Regulations

COURT PROCEDURES RULES 2006 - REG 2216

    (1)     Unless the court otherwise orders, an enforcement officer must put up for sale by public auction all property liable to be sold under a seizure and sale order—

        (a)     as early as possible, having regard to the interests of the enforcement creditor and the enforcement debtor (the parties ); and

        (b)     at a place and in a way appearing to the enforcement officer to be suitable for a beneficial sale of the property.

Note     Pt 6.2 (Applications in proceedings) applies to an application for an order under this rule.

    (2)     The property must not be sold before the end of 7 days after the day the property is seized unless—

        (a)     the enforcement debtor asks for the property to be sold before the end of the 7-day period; or

        (b)     the property is perishable.

    (3)     However, personal property must be sold within 12 weeks after the day it is seized.

    (4)     Before the property is sold by public auction, a party or the enforcement officer may apply to the court for an order that the property be sold privately.

Note     Pt 6.2 (Applications in proceedings) applies to the application.

    (5)     The application must be accompanied by an affidavit in support of the application.

    (6)     If the applicant is a party, the applicant must also serve a stamped copy of the application on the enforcement officer.

    (7)     If, on application by the enforcement creditor, the court makes an order that the property be sold privately before a public auction, the court may order that the enforcement creditor pay any costs already incurred by the enforcement officer for the auction.

    (8)     Property sold by public auction must be sold under the following conditions of sale:

        (a)     for personal property, if the person conducting the auction considers the particular lot in which the property is to be auctioned is worth less than $500, or for other property if the enforcement debtor agrees—at the best price obtainable;

        (b)     otherwise, if the reserve is reached—to the highest bidder;

        (c)     if the person conducting the auction considers there is a dispute as to who is the highest bidder, the property is to be reauctioned and knocked down to the highest bidder.

    (9)     If property put up for sale at public auction is not sold by auction, the enforcement officer may sell the property privately—

        (a)     for an amount not less than the highest bid made at the auction that the enforcement officer considers is a reasonable amount for the property; or

        (b)     if no bid was made at the auction—for an amount the enforcement officer considers is a reasonable amount for the property; or

        (c)     in accordance with an order of the court under rule 2220 (Seizure and sale order—sale at best price obtainable).

    (10)     In this rule:

"reserve", for a property to be sold at auction, means the reserve amount set by the enforcement officer that is an amount the enforcement officer considers is not less than a reasonable amount for the property.