South Australian Current Acts

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RESIDENTIAL TENANCIES ACT 1995 - SECT 99

99—Enforcement of orders for possession

        (1)         If an order for possession of premises is made by the Tribunal and the person in whose favour the order was made advises the Tribunal, within 14 days of the day on which the order takes effect or such longer period as the Tribunal may allow, that the order has not been complied with—

            (a)         the order is enforceable by a bailiff (and, subject to subsection (3), only by a bailiff); and

            (b)         the bailiff must enforce the order as soon as is practicable after the Tribunal is advised that it has not been complied with.

        (2)         A bailiff enforcing an order for possession of premises may enter the premises, ask questions and take all steps as are reasonably necessary for the purpose of enforcing the order.

        (3)         A police officer must, if requested by a bailiff, assist the bailiff in enforcing an order for possession.

        (4)         In the exercise of the powers conferred by this section a bailiff may use the force that is reasonable and necessary in the circumstances.

        (5)         A person must not hinder or obstruct a bailiff in the exercise of the powers conferred by this section.

Maximum penalty: $50 000.

Expiation fee: $2 000.

        (6)         A person questioned pursuant to this section must not refuse or fail to answer the question to the best of his or her knowledge, information and belief.

Maximum penalty: $50 000.

Expiation fee: $2 000.

        (7)         However, a person is not obliged to answer a question under this section if to do so might tend to incriminate the person or to make the person liable to a penalty, or would require the disclosure of information that is privileged under the principles of legal professional privilege.



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