Australian Capital Territory Current Acts

CRIMES (SENTENCE ADMINISTRATION) ACT 2005 - SECT 116ZB

    (1)     A property seizure order authorises the director-general to—

        (a)     enter any premises stated in the order, between 7 am and 6 pm on the same day, using the force that is necessary and reasonable to enter the premises if—

              (i)     the director-general has given a person at the premises an opportunity to allow entry and has been refused entry; or

              (ii)     there is no one at the premises; and

        (b)     ask a police officer to help the director-general enter the premises; and

        (c)     seize any personal property found on the premises or in a public place that—

              (i)     apparently belongs, entirely or partly, to the fine defaulter; and

              (ii)     does not include clothing, bedding or other necessities of life; and

        (d)     seize and remove any documents that may prove the defaulter's title to any personal property; and

        (e)     place and keep any seized personal property or documents in safe custody for 28 days from the day the property was seized before selling the property; and

        (f)     sell as much of the defaulter's personal property as necessary to satisfy the outstanding fine to which the order relates.

    (2)     A police officer asked by the director-general under subsection (1) (b) to help the director-general enter the premises—

        (a)     must give any reasonable help the director-general requires if it is practicable to give the help; and

        (b)     may use reasonable force against a person as part of giving the help.

    (3)     However, this section does not authorise the director-general to use force against a person unless it is reasonable and necessary in the interests of a person's safety.

    (4)     If the director-general seizes any property from premises the director-general must—

        (a)     make an inventory of the property seized; and

        (b)     in a prominent place on the premises, attach—

              (i)     a notice explaining that property has been seized from the premises in accordance with an order of the court under section 116ZA; and

              (ii)     a copy of the inventory of property seized; and

              (iii)     a notice setting out a person's rights under section 116ZD to recover the property seized.

    (5)     As far as possible, the director-general must seize personal property that the director-general considers—

        (a)     may be sold promptly and without unnecessary expense to satisfy an outstanding fine; and

        (b)     if sold will not cause undue hardship to the fine defaulter or other people.