State Penalties Enforcement Act 1999

Before selling property seized under an enforcement warrant an enforcement officer must arrange advertisement of a notice giving the time and place of sale together with details of the property to be sold.

However, an enforcement officer may sell seized goods without arranging the advertisement if—

the goods are of a perishable nature; or

the enforcement debtor requests it in writing.

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

it is sufficient for a notice under subsection (1) to contain only the details reasonable and usual for a public auction of property of the same nature as the seized property; and

subsection (5) does not apply 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

the registrar may require any additional advertising the registrar considers reasonable.

An enforcement officer must send a copy of the notice by prepaid post to the enforcement debtor at the enforcement debtor’s last known address.

In this section—

in any case—publication of the notice on SPER’s website; and

if there are 2 or more newspapers circulating in the district where the property is located—publication of the notice once in each of 2 of the newspapers not less than 2 weeks, and no more than 4 weeks, before the date of sale; and

if there is only 1 newspaper circulating in the district where the property is located—publication of the notice twice in the newspaper (on different days, if practicable) not less than 2 weeks, and no more than 4 weeks, before the date of sale; and

if there is no newspaper circulating in the district where the property is located and the property to be sold is an interest in land—posting the notice on the land not less than 2 weeks, and no more than 4 weeks, before the date of sale; and

if there is no newspaper circulating in the district where the property is located and the property to be sold is not an interest in land—posting the notice at the place where the sale is to take place not less than 2 weeks, and no more than 4 weeks, before the date of sale.