Court Procedures Rules 2006

Before selling property seized under a seizure and sale order, an enforcement officer must arrange advertisement of a notice giving—

the time and place of sale; and

details of the property to be sold.

The notice must be published in a daily newspaper circulating generally in the ACT on 2 different days.

Both of the days mentioned in subrule (2) must be not more than 4 weeks before the day of the sale and at least 1 of the days must be not less than 2 weeks before the day of the sale.

However, the enforcement officer may sell the seized property without arranging the advertisements if—

the property is perishable; or

the enforcement debtor asks in writing for the property to be sold without the advertisements and the enforcement creditor consents.

Also, if the seized property is put up for sale at a public auction to be conducted by someone other than an enforcement officer—

it is sufficient for the notice to contain only the details reasonable and usual for a public auction of property of the same nature as the seized property; and

advertisement of the notice may be done in the way reasonable and usual for a public auction of property of the same nature as the seized property; and

an enforcement officer may require any other advertising the enforcement officer considers reasonable.

At least 48 hours before the day of the auction, the enforcement officer must serve on the enforcement debtor a notice stating the date, time and place of the auction and the property to be auctioned.

The advertisement must not contain any statement to the effect, or from which it can be inferred, that the auction is of property seized under a seizure and sale order.