Emergency Services Funding Act 1998

Where a levy is a first charge on land and has been unpaid for two years or more, the Commissioner may sell the land.

Before the Commissioner sells land in pursuance of this section, he or she must serve notice on the owner of the land—

stating the period for which the levy or interest have been in arrears; and

stating the amount of the total liability for the levy and interest presently outstanding and charged on the land; and

stating that if that amount is not paid in full within one month of service of the notice (or such longer time as the Commissioner may allow), the Commissioner intends to sell the land for non-payment of the levy or interest.

A copy of a notice must be served on the registered mortgagee or encumbrancee of the land (if any).

If the outstanding amount is not paid in full within the time allowed under subsection (2), the Commissioner may proceed to sell the land.

The sale will be by public auction (and the Commissioner may set a reserve price for the purposes of the auction).

The

on at least 2 separate occasions in a newspaper circulating generally throughout the State; or

on a website determined by the Commissioner.

If, before the date of the auction, the outstanding amount and the costs incurred by the Commissioner in proceeding under this section are paid to the Commissioner, the Commissioner must withdraw the land from auction.

If an auction fails, the Commissioner may sell the land by private contract for the best price that he or she can reasonably obtain.

Any money received by the Commissioner in respect of the sale of land under this section will be applied as follows:

firstly—in paying the costs of the sale and any other costs incurred in proceeding under this section;

secondly—in discharging the liability for the levy and interest and any other liabilities to the Commissioner in respect of the land;

thirdly—in discharging any liability to the Crown for rates, charges or taxes (including rates, charges or taxes that are a first charge on the land);

fourthly—in discharging any liability to a council for rates or any other liability to a council in respect of the land;

fifthly—in discharging any liabilities secured by registered mortgages, encumbrances or charges;

sixthly—in discharging any other mortgages, encumbrances and charges of which the Commissioner has notice;

seventhly—in payment to the former owner of the land.

If the former owner cannot be found after making reasonable inquiries as to his or her whereabouts, an amount payable to the former owner must be dealt with in accordance with section 6 of the

Where land is sold by the Commissioner in pursuance of this section, an instrument of transfer executed by the Commissioner will operate to vest title to the land in the purchaser.

The title vested in a purchaser under subsection (11) will be free of all mortgages, encumbrances and charges and all leases and licences.

An instrument of transfer passing title to land in pursuance of a sale under this section must, when lodged with the Registrar-General for registration or enrolment, be accompanied by a statutory declaration made by the Chief Executive of the administrative unit of the Public