Australian Capital Territory Current Regulations

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COURT PROCEDURES RULES 2006 - REG 2219

Seizure and sale order—power of entry for auction of land

    (1)     If land is to be sold by public auction, the court may, on application by an enforcement officer, make an order

        (a)     authorising entry onto the land by the enforcement officer (including entry by force if necessary) for the purpose of showing the land to prospective purchasers; and

        (b)     authorising entry onto the land by prospective purchasers in the presence of the enforcement officer.

    (2)     The order may also authorise the enforcement officer to do either or both of the following:

        (a)     secure entry onto the land (including by breaking or replacing locks, bars and other devices restricting entry, if necessary);

        (b)     take the steps necessary to prevent people from entering the land.

    (3)     Part 6.2 (Applications in proceedings) does not apply to an application under this rule.

    (4)     An application under this rule need not be served on anyone unless the court otherwise orders on its own initiative.

    (5)     Unless the court otherwise orders on its own initiative, an application under this rule must be dealt with without a hearing and in the absence of the parties.

    (6)     This rule does not affect any other power of the court to make orders.

    (7)     In this rule:

"land" includes premises on land.



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