State Penalties Enforcement Act 1999

An enforcement officer must pay to the registrar all proceeds of sale and other money received by the enforcement officer under an enforcement warrant as soon as practicable after receiving the money, whether before or after the seizure of property under the warrant.

However, before making the payment, the enforcement officer may deduct the enforcement officer’s fees and expenses in relation to enforcement or attempted enforcement.

The registrar must apply the money received from the enforcement officer in the following order—

in payment of any other enforcement costs incurred by SPER in seizing and selling, or attempting to seize and sell, the property;

if there is an amount owing to an entity under a security interest registered for the property on the PPS register before the charge on the property is mentioned on the register—in payment of the amount owing under the security interest;

in payment of the amount recoverable under the enforcement warrant other than costs;

if there is an amount owing to an entity under a security interest registered for the property on the PPS register after the charge on the property is mentioned on the register—in payment of the amount owing under the security interest;

in payment of any balance to the enforcement debtor.

To remove any doubt, it is declared for subsection (3)(b) and (d) that, if there is an amount owing to more than 1 entity, the priority between the entities is to be determined under the PPS Act.

In this section—