sec.121Application of proceeds of sale

### sec.121 Application of proceeds of sale This section applies if the commissioner decides to sell a motor vehicle under section 118 , 118A , 119 or 120 . The proceeds of the sale are to be applied in the following order— in payment of the expenses of the sale; in payment of the costs of removing and keeping the motor vehicle and for searching registers for giving notice of the motor vehicle’s impounding or immobilisation; if there is an amount owing to a person under a security interest registered for the motor vehicle under the Personal Property Securities Act 2009 (Cwlth) —in payment of the amount owing to the holder of the security interest; if the motor vehicle is sold under section 118 or 119 —in payment of any balance to the owner; if the motor vehicle is sold under section 118A — if the owner was not the subject of a warrant mentioned in section 118A (1) (b) or (2) (b) —in payment of any balance to the owner; or otherwise—in payment to the consolidated fund; if the motor vehicle is sold under section 120 —in payment to the consolidated fund. s 121 ins 2002 No. 33 s 6 sub 2005 No. 64 s 12 amd 2010 No. 44 s 191 ; 2013 No. 15 s 72 ; 2020 No. 7 s 26 (sec.121-ssec.1) This section applies if the commissioner decides to sell a motor vehicle under section 118 , 118A , 119 or 120 . (sec.121-ssec.2) The proceeds of the sale are to be applied in the following order— in payment of the expenses of the sale; in payment of the costs of removing and keeping the motor vehicle and for searching registers for giving notice of the motor vehicle’s impounding or immobilisation; if there is an amount owing to a person under a security interest registered for the motor vehicle under the Personal Property Securities Act 2009 (Cwlth) —in payment of the amount owing to the holder of the security interest; if the motor vehicle is sold under section 118 or 119 —in payment of any balance to the owner; if the motor vehicle is sold under section 118A — if the owner was not the subject of a warrant mentioned in section 118A (1) (b) or (2) (b) —in payment of any balance to the owner; or otherwise—in payment to the consolidated fund; if the motor vehicle is sold under section 120 —in payment to the consolidated fund. - (a) in payment of the expenses of the sale; - (b) in payment of the costs of removing and keeping the motor vehicle and for searching registers for giving notice of the motor vehicle’s impounding or immobilisation; - (c) if there is an amount owing to a person under a security interest registered for the motor vehicle under the Personal Property Securities Act 2009 (Cwlth) —in payment of the amount owing to the holder of the security interest; - (d) if the motor vehicle is sold under section 118 or 119 —in payment of any balance to the owner; - (da) if the motor vehicle is sold under section 118A — (i) if the owner was not the subject of a warrant mentioned in section 118A (1) (b) or (2) (b) —in payment of any balance to the owner; or (ii) otherwise—in payment to the consolidated fund; - (i) if the owner was not the subject of a warrant mentioned in section 118A (1) (b) or (2) (b) —in payment of any balance to the owner; or - (ii) otherwise—in payment to the consolidated fund; - (e) if the motor vehicle is sold under section 120 —in payment to the consolidated fund. - (i) if the owner was not the subject of a warrant mentioned in section 118A (1) (b) or (2) (b) —in payment of any balance to the owner; or - (ii) otherwise—in payment to the consolidated fund;