Excise Act 1901

Goods and packages, or goods, vessels and packages, which, by section 77F or 39N, the Collector is authorized to sell (in this section referred to as goods to which this section applies) shall not be sold except by auction or by tender and after such public notice as is prescribed or, if no such notice is prescribed, after reasonable public notice.

Goods to which this section applies may be sold either free of duty or subject to duty.

The conditions on which goods to which this section applies are offered for sale shall include conditions that no bid or tender shall necessarily be accepted and that upon the acceptance of a bid or tender the successful bidder or tenderer shall pay the price in cash forthwith.

If no bid or tender satisfactory to the Collector is made or received, goods to which this section applies may be re‑offered for sale until such a bid or tender is made or received.

The proceeds of a sale of goods to which this section applies by the Collector shall be applied:

in payment of the expenses of the sale; and

unless the goods are sold subject to duty, in payment of the duty on the goods; and

in payment of the expenses of the removal of the goods in pursuance of section 77F or 39N; and

in payment of the warehouse rent and charges and other storage charges (if any) in respect of the goods;

The rate of duty applicable to goods to which this section applies sold by the Collector is the rate in force at the time of the sale.