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Fines and Penalties (Recovery) Act 2001
70Order to seize property of fine defaulter
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70 Order to seize property of fine defaulter
(1) A property seizure order is an order made by the Fines Recovery
Unit for the seizure of the personal property of a fine defaulter for
the purpose of levying the amount payable by the fine defaulter
against that property.
(2) The provisions of rules under the Local Court Act 2015 prescribed
by regulation apply, with any modifications prescribed by
Regulation, to a property seizure order.
(3) A property seizure order may be made in the absence of and
without notice to the fine defaulter.
(4) A property seizure order is to be directed to a bailiff and provided to
the bailiff for execution.
(5) If a bailiff is required to execute a property seizure order and a
warrant of execution issued by a court or to execute more than one
property seizure order, the priority to be accorded to their execution
is as follows:
(a) a property seizure order is to be executed before a warrant of
execution (even if the warrant was issued before the order);
(b) property seizure orders are to be executed in the order in
which they were received by the bailiff (unless the bailiff is
directed by the Fines Recovery Unit to execute them in a
different order).
(6) If a property seizure order has not been executed within 12 months
after it was made, the bailiff to whom the order was directed must
return the order to the Fines Recovery Unit and the Unit must
cancel the order, but nothing prevents the issue of a further order in
the matter.
(7) A bailiff executing a property seizure order must not take any
further action in relation to executing the order if the order is
cancelled under section 75.