Monetary Penalties Enforcement Act 2005

The Director may issue an enforcement warrant to enable the seizure and sale of property in which the enforcement debtor has a legal interest from premises identified in the database available to the Director as being occupied by the enforcement debtor or, if the property is a conveyance – the place identified in the database available to the Director as being the place where the conveyance is hangared, parked or moored; or a public place.

An enforcement warrant issued under subsection (1) is to be in an approved form and is to contain the following:the name, residential address and date of birth of the enforcement debtor or, if the enforcement debtor is not a natural person, the business or company name, the business or company address and its registration or incorporation details; if the enforcement debtor is the registered owner of, or is registered as having an interest in, any conveyance, identifying information about the conveyance and a description or the address of where the conveyance is hangared, parked or moored; a statement of the debt in respect of which the enforcement warrant is to be executed; if the warrant is only to be executed between particular hours or on particular days, a statement of those hours or days and, if there are no such limitations, a statement to that effect; a statement that the warrant is executable by all enforcement officers in Tasmania; a statement that the warrant authorises the enforcement officer to enter the warrant premises for the purpose of executing the warrant and to use reasonable force to effect such entry; a statement that an enforcement officer is entitled to recover from the proceeds of a sale any reasonable and necessary expenses incurred in executing the warrant, including towing fees, storage fees, auctioneer’s fees and valuation fees; any other information that the Director considers may assist in recovery of the monetary penalties by execution of the warrant.

Subject to section 75, an enforcement warrant under subsection (1) authorises an enforcement officer, for the purpose of recovering the debt owed, to do any or all of the following:to enter the warrant premises and to use reasonable force to effect such entry; to search the warrant premises for property owned by the enforcement debtor; to search a container or any thing found at, in or on the warrant premises; to seize and take possession of property found at, in, or on the warrant premises; to take photographs, films or audio, video or other recordings as reasonably required to establish a record of property seized or present at, in or on the warrant premises; require a person at, in or on, the warrant premises to state his or her full name and usual place of residence or business and to produce evidence of that person’s identity to the satisfaction of the enforcement officer; to give directions reasonably required in connection with the exercise of a power conferred by this section or otherwise in connection with the execution of the enforcement warrant.

The Director may cancel an enforcement warrant at any time.

An enforcement warrant issued under this Division remains in force until such time as the enforcement debt is discharged or the warrant is cancelled.

An enforcement officer, having gained entry to a premises on the authority of an enforcement warrant, may only rely upon that authority for the purpose of executing that warrant and for no other purpose.