ACTIn ForceRegulation
Court Procedures Rules
2221Seizure and sale order—advertisement of sale
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2221 Seizure and sale order—advertisement of sale
(1) Before selling property seized under a seizure and sale order, an
enforcement officer must arrange advertisement of a notice giving—
(a) the time and place of sale; and
(b) details of the property to be sold.
Rule 2221
(2) The notice must be published in a daily newspaper circulating
generally in the ACT on 2 different days.
(3) Both of the days mentioned in subrule (2) must be not more than
4 weeks before the day of the sale and at least 1 of the days must be
not less than 2 weeks before the day of the sale.
(4) However, the enforcement officer may sell the seized property
without arranging the advertisements if—
(a) the property is perishable; or
(b) the enforcement debtor asks in writing for the property to be sold
without the advertisements and the enforcement creditor
consents.
(5) Also, if the seized property is put up for sale at a public auction to be
conducted by someone other than an enforcement officer—
(a) it is sufficient for the notice to contain only the details
reasonable and usual for a public auction of property of the same
nature as the seized property; and
(b) advertisement of the notice may be done in the way reasonable
and usual for a public auction of property of the same nature as
the seized property; and
(c) an enforcement officer may require any other advertising the
enforcement officer considers reasonable.
(6) At least 48 hours before the day of the auction, the enforcement
officer must serve on the enforcement debtor a notice stating the date,
time and place of the auction and the property to be auctioned.
(7) The advertisement must not contain any statement to the effect, or
from which it can be inferred, that the auction is of property seized
Rule 2222