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SHERIFF ACT 2005 - SECT 7A
Powers of Sheriff when executing writs and warrants for possession of land
7A Powers of Sheriff when executing writs and warrants for possession of land
(1) A sheriff's officer executing a writ or warrant for possession of land may
do any of the following-- (a) enter the premises and take all reasonably
necessary steps to enforce the writ or warrant,
(b) use such force as is
reasonably necessary to enforce the writ or warrant,
(c) obtain the
assistance of a police officer.
(2) A police officer may, at the request of a
sheriff's officer, assist the sheriff's officer to enforce the writ or
warrant.
(3) The Sheriff must give the occupier of land subject to a writ of
possession of land or a writ for the levy of property that relates to land not
less than 30 days notice to deliver up possession of the land.
(4) Subsection
(3) does not apply if the execution of the writ has been previously stayed by
a court or if a warrant for possession is issued under the
Residential Tenancies Act 2010 , the Residential (Land Lease) Communities
Act 2013 , the Retirement Villages Act 1999 or the
Holiday Parks (Long-term Casual Occupation) Act 2002 .
(5) In this section--
"writ or warrant for possession of land" means-- (a) a writ of possession of
land, or
(b) a writ for the levy of property that relates to land, or
(c) a
warrant for possession of residential premises under the
Residential Tenancies Act 2010 , or
(d) a warrant for possession of
residential premises under the Residential (Land Lease) Communities Act 2013
, or
(e) a warrant for possession of residential premises under the
Retirement Villages Act 1999 , or
(f) a warrant for possession of a site
under the Holiday Parks (Long-term Casual Occupation) Act 2002 .
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