sec.63Issue of enforcement warrant

### sec.63 Issue of enforcement warrant The registrar may issue a warrant ( enforcement warrant ) under this division for an unpaid amount. An enforcement warrant may be a warrant— to seize and sell real and personal property, other than exempt property, in which the enforcement debtor has a legal or beneficial interest; or imposing a charge on specified property. An enforcement warrant must— be in the approved form; and be directed to all enforcement officers; and for an enforcement warrant to seize and sell property—state the date and time of issue and the date, within 1 year after the warrant’s issue, the warrant ends; and for another enforcement warrant—state the date and time of issue and the date, within 6 months after the warrant’s issue, the warrant ends; and include any other particulars required under section 140 or 141 . On the issue of an enforcement warrant, the amount owing by the enforcement debtor is increased to the total of the amount unpaid before the warrant was issued and the civil enforcement fee. A copy of the enforcement warrant must be served on the enforcement debtor. Nothing in this Act prevents the registrar from issuing an enforcement warrant to seize and sell a vehicle while it is subject to an immobilisation warrant. However, an enforcement warrant can not be enforced while a vehicle is immobilised under an immobilisation warrant. A charge imposed on personal property under an enforcement warrant— is declared to be a statutory interest to which section 73 (2) of the PPS Act applies; and has priority over all security interests in relation to the personal property other than those registered on the PPS register before the charge is mentioned on the register. Subsection (10) applies to the following fees, expenses and costs to the extent the fees, expenses and costs relate to personal property under an enforcement warrant— the enforcement officer’s fees and expenses mentioned in section 73J (2) ; other enforcement costs mentioned in section 73J (3) (a) . The fees, expenses and costs mentioned in subsection (9) — are declared to be statutory interests to which section 73 (2) of the PPS Act applies; and have priority over all security interests in relation to the personal property. In this section— exempt property see the Civil Proceedings Act 2011 , schedule 1 . personal property see the PPS Act , section 10 . PPS Act means the Personal Property Securities Act 2009 (Cwlth) . PPS register means the Personal Property Securities Register under the PPS Act . security interest see the PPS Act , section 12 . s 63 amd 2007 No. 3 s 24 ; 2009 No. 48 s 5 ; 2011 No. 27 s 337 ; 2011 No. 45 s 217 sch 1A (amd 2012 No. 17 s 11 ) (sec.63-ssec.1) The registrar may issue a warrant ( enforcement warrant ) under this division for an unpaid amount. (sec.63-ssec.2) An enforcement warrant may be a warrant— to seize and sell real and personal property, other than exempt property, in which the enforcement debtor has a legal or beneficial interest; or imposing a charge on specified property. (sec.63-ssec.3) An enforcement warrant must— be in the approved form; and be directed to all enforcement officers; and for an enforcement warrant to seize and sell property—state the date and time of issue and the date, within 1 year after the warrant’s issue, the warrant ends; and for another enforcement warrant—state the date and time of issue and the date, within 6 months after the warrant’s issue, the warrant ends; and include any other particulars required under section 140 or 141 . (sec.63-ssec.4) On the issue of an enforcement warrant, the amount owing by the enforcement debtor is increased to the total of the amount unpaid before the warrant was issued and the civil enforcement fee. (sec.63-ssec.5) A copy of the enforcement warrant must be served on the enforcement debtor. (sec.63-ssec.6) Nothing in this Act prevents the registrar from issuing an enforcement warrant to seize and sell a vehicle while it is subject to an immobilisation warrant. (sec.63-ssec.7) However, an enforcement warrant can not be enforced while a vehicle is immobilised under an immobilisation warrant. (sec.63-ssec.8) A charge imposed on personal property under an enforcement warrant— is declared to be a statutory interest to which section 73 (2) of the PPS Act applies; and has priority over all security interests in relation to the personal property other than those registered on the PPS register before the charge is mentioned on the register. (sec.63-ssec.9) Subsection (10) applies to the following fees, expenses and costs to the extent the fees, expenses and costs relate to personal property under an enforcement warrant— the enforcement officer’s fees and expenses mentioned in section 73J (2) ; other enforcement costs mentioned in section 73J (3) (a) . (sec.63-ssec.10) The fees, expenses and costs mentioned in subsection (9) — are declared to be statutory interests to which section 73 (2) of the PPS Act applies; and have priority over all security interests in relation to the personal property. (sec.63-ssec.11) In this section— exempt property see the Civil Proceedings Act 2011 , schedule 1 . personal property see the PPS Act , section 10 . PPS Act means the Personal Property Securities Act 2009 (Cwlth) . PPS register means the Personal Property Securities Register under the PPS Act . security interest see the PPS Act , section 12 . - (a) to seize and sell real and personal property, other than exempt property, in which the enforcement debtor has a legal or beneficial interest; or - (b) imposing a charge on specified property. - (a) be in the approved form; and - (b) be directed to all enforcement officers; and - (c) for an enforcement warrant to seize and sell property—state the date and time of issue and the date, within 1 year after the warrant’s issue, the warrant ends; and - (d) for another enforcement warrant—state the date and time of issue and the date, within 6 months after the warrant’s issue, the warrant ends; and - (e) include any other particulars required under section 140 or 141 . - (a) is declared to be a statutory interest to which section 73 (2) of the PPS Act applies; and - (b) has priority over all security interests in relation to the personal property other than those registered on the PPS register before the charge is mentioned on the register. - (a) the enforcement officer’s fees and expenses mentioned in section 73J (2) ; - (b) other enforcement costs mentioned in section 73J (3) (a) . - (a) are declared to be statutory interests to which section 73 (2) of the PPS Act applies; and - (b) have priority over all security interests in relation to the personal property.