Queensland Consolidated Acts

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PROPERTY LAW ACT 1974 - SECT 146

Warrant for possession

146 Warrant for possession

(1) The warrant issued by order of the court shall be in the approved form, may be issued by the court (or, after the case has been heard and determined, by the clerk of the court), and shall require and authorise any person to whom it is addressed, within the period specified in it (not being more than 3 months from the date of the order), to enter (by force if necessary) into and upon the land specified in the warrant (being the land the subject of the complaint) and to eject from the land the defendant and all persons claiming under or through the defendant together with the defendant’s or their goods and effects, and to give possession of the same to the landlord or, as the case requires, the landlord’s agent.
(2) The warrant shall be sufficient authority to any person to whom it is addressed to enter (by force if necessary) into and upon the land specified in the warrant, with such assistants as the person deems necessary, to eject from the land the defendant and all persons claiming under or through the defendant together with the defendant’s or their goods and effects, and to give possession to the landlord or, as the case requires, the landlord’s agent accordingly.
(3) The warrant may be executed not only against the defendant but also against every person claiming under or through the defendant who is in actual occupation of the land specified in the warrant or any part of the land and for this purpose a person whose occupation is referable to a tenancy held of the defendant (whether the tenancy was created before or after the commencement of the proceeding out of which the warrant was issued) shall be deemed to claim under the defendant even though such tenancy has expired by effluxion of time, has been determined by a notice to terminate, or has been otherwise terminated.
(4) A warrant issued under this section in relation to a building, or a unit or part of a multiple house or other building, shall be sufficient authority to any person to whom it is addressed to pass (by force if necessary), with such assistants as the person thinks necessary, through, along, across, over or under any land (including in the case of any such unit or part, any other part of the multiple house or other building in which it is comprised) ordinarily used as a means of access to such building, or unit or part.
(5) No entry upon a warrant issued under this section shall be made on a Sunday, Good Friday, Christmas Day or Anzac Day, or at any time except between the hours of 9a.m. and 4p.m.
(6) Where the complaint has been heard and determined ex parte such a warrant shall not be issued within 7 days after the determination.
(7) Where the circumstances of the case make it appear to the court proper so to do, the court may, upon making an order that such a warrant be issued, further order that the issue of the warrant be postponed for such time (not exceeding 15 clear days from the date of the adjudication) and on such conditions (if any) as appear to it just and are specified in the order, and on the making of the further order the warrant shall not be issued within such time while such conditions are complied with.
(8) Despite a postponement of the issue of a warrant under subsection (7) the maximum period within which the warrant, when issued, may be executed shall not exceed 3 months from the date on which was made the order that the warrant be issued.



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