Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) No writ of fieri facias or other writ of execution shall bind, charge or affect any land or interest under this Act, but whenever any land or any interest in land under this Act is seized or sold under any direction, decree or order of the court the registrar-general, on being served with an office copy of the writ, direction, decree or order, as the case may be, shall enter in the folio of the register relating to that land or interest the date of the writ, direction, decree or order, and the date and hour of the production thereof.
(2) After the entry the person authorised by the court to seize or sell the land or interest shall do such acts and execute such instruments as under this Act are necessary to transfer or otherwise to deal with the interest.
(3) Unless and until the entry has been made no such writ shall bind or affect any land under this Act or any interest therein, nor shall any sale or transfer thereunder be valid as against a purchaser or mortgagee notwithstanding the writ was actually in the hands of the proper officer of the court at the time of any purchase or mortgage, or notwithstanding the purchaser or mortgagee had actual or constructive notice of the issue of the writ.
(4) Subsection (3) applies to and in relation to land subject to a charge securing the payment of an amount to the Territory under section 108B in the same manner and to the same extent as if the notice of the determination made under the Rates and Land Rent (Relief) Act 1970
, section 3 in respect of the land were a mortgage securing the payment to the Territory of an amount equal to the amount for the time being secured by the charge.
(5) Upon production to the registrar-general of sufficient evidence of the satisfaction of any writ so entered, he or she shall enter in the register a memorandum to that effect, and the writ shall be deemed to be satisfied accordingly.
(6) No writ of execution shall bind any land under this Act, nor shall any transfer on a sale of the land under the writ be registered, unless a true copy of the writ is served on the registrar-general within 6 months from the teste date of the writ, or date of any renewal thereof, for the purpose of making the entries described in this section.
(7) Every such writ shall be deemed to have lapsed unless it is executed and put in force within 3 months from the day on which it was entered in the register.
(8) In this section:
"writ of execution" means a writ or warrant of execution after judgment in any court, and includes an enforcement order under the rules under the Court Procedures Act 2004
.