South Australian Current Acts

CROWN RATES AND TAXES RECOVERY ACT 1945 - SECT 5

5—Conditions for exercise of power of sale

        (1)         The Minister shall not exercise the power of sale conferred by this Act unless and until notice requiring payment of all Crown rates and taxes owing in respect of the land has been—

            (a)         in the case of land under the Real Property Act 1886 , served on the person registered as the proprietor in fee simple thereof or as the proprietor of a Crown lease thereof by being delivered to him or by being sent in a registered letter posted to him at any address stated as his place of abode or business in any recent letter or document received from him by any Crown rating or taxing authority or at his usual or last known place of abode or business; and

            (b)         in the case of land not under the Real Property Act 1886 , served on the owner in fee simple thereof or on the person appearing by the last memorial relating to the land in the office of the Registrar-General to be seised of the fee simple thereof, by being delivered to him or by being sent in a registered letter posted to him at any address stated as his place of abode or business in any recent letter or document received from him by any Crown rating or taxing authority or at his usual or last known place of abode or business; and

            (c)         served on every person appearing by the register book or any memorial in the office of the Registrar-General to have any estate or interest in the land by being delivered to him or by being sent in a registered letter posted to him at any address stated as his place of abode or business in any recent letter or document received from him by any Crown rating or taxing authority or at his usual or last known place of abode or business.

        (2)         If in the case of any person required by this section to be served, no such address is known, notice requiring payment shall be served on that person by being advertised once in a newspaper circulating in the neighbourhood of the land, and once in the Gazette. It shall be competent to include in any such notice lands belonging to more than one owner. Any such notice may be in the Form No 1 in the Schedule, or in a form to the like effect.