QLDIn ForceAct
Manufactured Homes (Residential Parks) Act 2003
sec.54Proceeds of sale
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### sec.54 Proceeds of sale
This section applies if, under a sale order, the park owner sells a manufactured home or a home owner’s personal effects.
The proceeds of the sale must be applied as follows—
first, if there is an amount owing to a person under a security interest registered for the home or personal effects under the Personal Property Securities Act 2009 (Cwlth) —in payment of the amount owing under the security interest;
second, in payment of the reasonable costs of selling the home, or removing, storing and selling the personal effects;
third, in payment to the park owner of the amount of any termination payment;
fourth, in payment of any balance to the home owner or, if the home owner can not be located, to the public trustee within 10 days after the sale.
The public trustee must pay an amount received under subsection (2) (d) into the unclaimed moneys fund (the fund ) kept under the Public Trustee Act 1978 .
s 54 amd 2010 No. 44 s 119 ; 2024 No. 28 s 11
(sec.54-ssec.1) This section applies if, under a sale order, the park owner sells a manufactured home or a home owner’s personal effects.
(sec.54-ssec.2) The proceeds of the sale must be applied as follows— first, if there is an amount owing to a person under a security interest registered for the home or personal effects under the Personal Property Securities Act 2009 (Cwlth) —in payment of the amount owing under the security interest; second, in payment of the reasonable costs of selling the home, or removing, storing and selling the personal effects; third, in payment to the park owner of the amount of any termination payment; fourth, in payment of any balance to the home owner or, if the home owner can not be located, to the public trustee within 10 days after the sale.
(sec.54-ssec.3) The public trustee must pay an amount received under subsection (2) (d) into the unclaimed moneys fund (the fund ) kept under the Public Trustee Act 1978 .
- (a) first, if there is an amount owing to a person under a security interest registered for the home or personal effects under the Personal Property Securities Act 2009 (Cwlth) —in payment of the amount owing under the security interest;
- (b) second, in payment of the reasonable costs of selling the home, or removing, storing and selling the personal effects;
- (c) third, in payment to the park owner of the amount of any termination payment;
- (d) fourth, in payment of any balance to the home owner or, if the home owner can not be located, to the public trustee within 10 days after the sale.