Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) An enforcement officer executing an Enforcement Warrant must:
(a) seize or sell property of the respondent in the sequence that the enforcement officer considers is best for:
(i) promptly enforcing the Warrant; and
(ii) avoiding undue expense or delay; and
(iii) minimising hardship to the payer and any other person affected; and
(b) on enforcing the Warrant:
(i) serve a copy of the Warrant on the payer; or
(ii) leave the Warrant at the place where it was enforced; and
(c) give the payer an inventory of any property seized under the Warrant; and
(d) advertise the property in accordance with rule 11.21; and
(e) sell the seized property:
(i) quickly, having regard to the parties' interests and the desirability of a beneficial sale of the property; and
(ii) at the place where it seems best for a beneficial sale of the property; and
(iii) by auction, tender or private sale.
Note: For the powers an enforcement officer has in relation to the enforcement of a warrant, see rule 11.62.
(2) The enforcement officer may do any of the following:
(a) postpone the sale of the property;
(b) refuse to proceed with the sale of the property;
(c) seek further information or documents from a payee;
(d) defer enforcement until a fee or expense is paid or an undertaking to pay the fee or expense is given;
(e) require the payee to indemnify the enforcement officer against any claims arising from the enforcement;
(f) sign any documents relating to the transfer of ownership of the property, and any other documents necessary to give title of the property to the purchaser of the property;
(g) recover reasonable fees and expenses associated with the enforcement.
(3) For the purposes of paragraph (2)(g), fees and expenses recovered by an enforcement officer for enforcing a warrant are taken to be reasonable if the fees and expenses are in accordance with a legislative provision of the Commonwealth, or the State or Territory in which the warrant was enforced.