73Enforcement warrant to enable seizure and sale of property

73 Enforcement warrant to enable seizure and sale of property

(1)  [Section 73 Subsection (1) substituted by No. 20 of 2013, s. 65, Applied:20 Jun 2013] The Director may issue an enforcement warrant to enable the seizure and sale of property in which the enforcement debtor has a legal interest from premises identified in the database available to the Director as being occupied by the enforcement debtor or, if the property is a conveyance –

(a) the place identified in the database available to the Director as being the place where the conveyance is hangared, parked or moored; or

(b) a public place.

(2)  An enforcement warrant issued under subsection (1) is to be in an approved form and is to contain the following:

(a) the name, residential address and date of birth of the enforcement debtor or, if the enforcement debtor is not a natural person, the business or company name, the business or company address and its registration or incorporation details;

(b) if the enforcement debtor is the registered owner of, or is registered as having an interest in, any conveyance, identifying information about the conveyance and a description or the address of where the conveyance is hangared, parked or moored;

(c) a statement of the debt in respect of which the enforcement warrant is to be executed;

(d) if the warrant is only to be executed between particular hours or on particular days, a statement of those hours or days and, if there are no such limitations, a statement to that effect;

(e) a statement that the warrant is executable by all enforcement officers in Tasmania;

(f) a statement that the warrant authorises the enforcement officer to enter the warrant premises for the purpose of executing the warrant and to use reasonable force to effect such entry;

(g) a statement that an enforcement officer is entitled to recover from the proceeds of a sale any reasonable and necessary expenses incurred in executing the warrant, including towing fees, storage fees, auctioneer’s fees and valuation fees;

(h) any other information that the Director considers may assist in recovery of the monetary penalties by execution of the warrant.