South Australian Repealed Acts

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This legislation has been repealed.

WATERWORKS ACT 1932 - SECT 95

95—Recovery of rates

        (1)         If any water rates or other charges due to the Corporation are unpaid, the Corporation may—

            (a)         recover the said rates or charges with costs; or

            (b)         issue a warrant to a bailiff or other person referred to in the warrant (whether by name or by reference to his office) to levy the said rates or charges together with fees and expenses not exceeding the fees and expenses prescribed by this Act, by distress and sale of the goods and chattels, wheresoever they may be found, of the owner or occupier, at the time when the warrant is executed, of the land with respect to which the said rates or charges are payable.

        (2)         The Corporation may in the first instance at the Corporation's option, cause to be distrained under this section either the goods and chattels of the person occupying the land in respect of which rates or charges are due and unpaid, or the goods and chattels of the owner of the said land; and in case no sufficient goods and chattels of the person against whom distress is levied in the first instance are found to satisfy the distress, the Corporation may cause to be distrained the goods and chattels of the other person whose goods and chattels are under this section liable to distraint.

        (3)         If the owner of any land in respect of which any rates or charges are due and unpaid is absent from the State, and upon distress being levied no sufficient goods of the occupier can be found to satisfy such distress, the agent of the owner shall be liable for the said rates or charges and the same may be recovered from him: Provided that the liability of such agent shall be limited to moneys held by him or coming into his possession on behalf of the owner.

        (4)         Any bailiff or other person to whom a warrant has been issued under this section shall, for the purpose of executing the warrant, have all the powers and authorities of a bailiff under the Local Courts Act 1926 .



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