Western Australian Current Acts

CIVIL JUDGMENTS ENFORCEMENT ACT 2004 - SECT 78

78 .         Custody of seized property

        (1)         Until it is sold, seized personal property is to be kept in such custody as the sheriff decides.

        (2)         Seized personal property may be left in the custody of the judgment debtor or another person if the debtor or person, in writing, consents and agrees —

            (a)         to be responsible for its safekeeping; and

            (b)         not to move it, or allow it to be moved, without the prior consent of the sheriff; and

            (c)         not to give custody or possession of it to another person without the prior consent of the sheriff.

        (3)         If the sheriff leaves seized personal property in the custody of the judgment debtor or another person, the sheriff is not to be taken as having abandoned the property.

        (4)         If the sheriff seizes any record relating to a business or undertaking of the judgment debtor or another person, it must not be retained for longer than 7 days.

        (5)         Subsection (4) does not apply to any cheque, bill of exchange, promissory note, bond, specialty or other security for money.