Commonwealth Consolidated Regulations

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FEDERAL CIRCUIT COURT RULES 2001 - RULE 25B.24

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; and

                             (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; and

                     (c)  give the payer an inventory of any property seized under the Warrant; and

                     (d)  advertise the property in accordance with rule 25B.27; 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 25B.68.

             (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 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.



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