Document ID: chunk:federal_register_of_legislation:F2024C00417:reg:3:p87
Version: federal_register_of_legislation:F2024C00417
Segment Type: reg
Provision Reference: reg 3 (pt 87/100)
Character Range: 327430–330100

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 11.21; and
 (e) sell the seized property:
 (i) quickly, having regard to the parties' interests and the desirability of a beneficial sale of the property; 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 11.62.
 (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 the purposes of 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.

11.19  Directions for enforcement
 (1) An enforcement officer may seek, by written request to the court, procedural orders to assist in carrying out the enforcement officer's functions.
 (2) A request under subrule (1) must:
 (a) comply with rule 2.14; and
 (b) set out the procedural orders sought and the reason for the orders; and
 (c) have attached to it a copy of the order appointing the enforcement officer.
 (3) The enforcement officer must give a copy of the request to all parties.
 (4) The court may determine the request without an oral hearing if the court considers it appropriate to do so and the parties to the application consent to the making of the decision without an oral hearing.

11.20  Effect of Enforcement Warrant
 (1) Property seized under an Enforcement Warrant remains the subject of the Enforcement Warrant until it is released by:
 (a) full payment of the total amount owing under the Enforcement Warrant; or
 (b) sale; or
 (c) order; or
 (d) consent of the payee.
 (2) If the payer pays the payee the total amount owed under the Enforcement Warrant:
 (a) the payee must immediately