Commonwealth Numbered Regulations

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FAMILY LAW RULES 20042003 No. 375 - RULE 20.18

Enforcement officer's responsibilities
(1)
An enforcement officer 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;
(ii)
avoiding undue expense or delay; and
(iii)
minimising hardship to the payer and any other person affected;
(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;
(c)
give the payer an inventory of any property seized under the Warrant;

(d)
advertise the property in accordance with rule 20.21; and

(e)
sell the seized property:

(i)
quickly, having regard to the parties' interests and the desirability of a beneficial sale of the property;

(ii) at the place where it seems best for a beneficial sale of the property; and

(iii)
by auction, tender or private sale.
(2)
An enforcement office may, when enforcing a warrant:

(a)
enter any real property (using such force as may be necessary) that is the subject of the warrant or the place where the property that is the subject of the warrant is located; and

(b)
if the warrant is for the seizure and sale of real property — eject from the property any person who is not lawfully entitled to be on the property.



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