54Property seizure order

#### 54 Property seizure order 54 Property seizure order > > (1) The Chief Commissioner may make an order (a property seizure order) for the seizure of the property of a debtor for the purpose of recovering the State debt payable by the debtor. > > > > Note. > > > > The [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) defines property to include land as well as personal property. > > > (2) A property seizure order is to be directed to the Sheriff and provided to the Sheriff by the Chief Commissioner for execution. > > > (3) A property seizure order operates as a writ for the levy of property issued by the Local Court under Part 8 of the [Civil Procedure Act 2005](/view/html/inforce/current/act-2005-028) and, for that purpose, the Chief Commissioner is taken to be the judgment creditor. > > > (4) If the Sheriff is required to execute a property seizure order and a writ of execution issued by a court, or to execute more than one property seizure order, priority to their execution is to be given in the order in which they are received by the Sheriff, subject to subsection (5). > > > (5) The Chief Commissioner may direct the Sheriff to give priority to a property seizure order over another property seizure order, regardless of the order in which they are received by the Sheriff. > > > (6) A property seizure order under the [Fines Act 1996](/view/html/inforce/current/act-1996-099) takes priority over a property seizure order under this Act. > > > (7) The Sheriff is to return a property seizure order to the Chief Commissioner if the order has not been executed within 12 months after it was made or if the Sheriff is satisfied that the order is not capable of execution. The Chief Commissioner is to cancel an order so returned, but nothing in this subsection prevents the making of a further order in the matter. > > > (8) The Sheriff or other person executing a property seizure order is to cease executing the order if the order is revoked by the Chief Commissioner. > > > (9) A property seizure order remains in force until revoked under this Act.