Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) Property seized under a property seizure order must be sold by the director-general and the proceeds of the sale paid to the registrar.
(2) However, seized property may not be sold unless—
(a) the holding period for the property has ended; and
(b) if an application under section 116ZD (1) has been made in relation to the property—the director-general has decided to refuse to return the property to the applicant; and
(c) if the director-general's decision has been appealed under section 116ZD (5)—the appeal has been withdrawn or refused.
(3) As far as possible, the director-general must sell personal property—
(a) in the order that the director-general considers—
(i) is likely to satisfy an outstanding fine promptly and without unnecessary expense; and
(ii) minimises undue hardship to the fine defaulter or other people; and
(b) at the best price reasonably obtainable, having regard to the circumstances existing when the property is sold.
(4) The director-general may retain part of the proceeds from the sale of personal property under this section to cover the director-general's reasonable costs of the sale.
(5) If property sold under this section results in proceeds that exceed the outstanding fine for which the property was sold, the excess amount must be given to any person who had a legal or equitable interest in the property in proportion to the share of the person's interest.
(6) In this section:
"holding period" means 28 days after the day the property was seized by the director-general.