NSWIn ForceAct
Conveyancers Licensing Act 2003
109Receiver may take possession of property
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#### 109 Receiver may take possession of property
109 Receiver may take possession of property
> > (1) A receiver may take possession of receivable property of the relevant licensee or relevant associate.
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> > (2) A person in possession, or having control, of receivable property must permit the receiver to take possession of the property if required by the receiver to do so.
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> > (3) If a person fails to comply with such a requirement, the Supreme Court may, on the application of the receiver, order the person to deliver the property to the receiver.
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> > (4) If, on the application of a receiver, the Supreme Court is satisfied that such an order has not been complied with, the Court—
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> > > (a) may order the seizure of any receivable property located on premises specified in the order, and
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> > > (b) may make such further order in the matter as it thinks fit.
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> > (5) An order under subsection (4) (a) authorises—
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> > > (a) any police officer, or
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> > > (b) the receiver, or a person authorised by the receiver, together with any police officer,
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> > to enter the premises specified in the order and to search for, seize and remove any property that appears to be receivable property.
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> > (6) An application by a receiver under subsection (3) may be made—
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> > > (a) in the case of property in the possession, or under the control, of the relevant licensee or relevant associate—in the name of the receiver, or
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> > > (b) in any other case—in the name of the relevant licensee or relevant associate.
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> > (7) A receiver must, as soon as possible, return property seized under this section if it transpires that it is not receivable property.