ACTIn ForceRegulation
Court Procedures Rules
2205Seizure and sale order—notice of order
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2205 Seizure and sale order—notice of order
(a) an enforcement officer enters premises for the first time for the
purpose of executing a seizure and sale order; or
(b) an enforcement officer seizes personal property under a seizure
and sale order for the first time at a place.
Rule 2205
(2) If subrule (1) (a) applies, the enforcement officer must give a sealed
copy of the seizure and sale order to—
(b) if the enforcement debtor is not present but a person who appears
to be at least 16 years old and to live or be employed at the
premises is present—that person.
(3) If subrule (1) (b) applies, the enforcement officer must give a sealed
copy of the seizure and sale order to—
(b) if the enforcement debtor is not present but a person who appears
to be at least 16 years old and to be in possession of the seized
property is present—that person.
(4) If there is no-one present at the premises or place who can be given a
sealed copy of the seizure and sale order under subrule (2) or (3), the
enforcement officer must leave a sealed copy of the order, secured
conspicuously, at the premises or place.
(5) However, subrule (4) does not require the enforcement officer to
leave a sealed copy of the order in a public place.
(6) If the enforcement debtor is not given a sealed copy of the seizure and
sale order under subrule (2) or (3), the enforcement officer must serve
a sealed copy of the order on the enforcement debtor—
(a) if the enforcement debtor has an address for service—at the
enforcement debtor’s address for service; or
(b) in any other case—in the same way that an originating process
filed in the court to recover the debt may be served on the
enforcement debtor under these rules.
(7) However, this rule does not require a sealed copy of the seizure and
sale order to be given to or served on the enforcement debtor if the
enforcement debtor has already been given or served with a sealed
copy of the order.
Rule 2206
premises includes the land around premises occupied by the