Victorian Current Acts Victorian Current ActsS. 252(1) amended by No. 34/2013 s. 34(Sch. 1 item 112).
(1) The Authority or a council may apply to the Magistrates' Court for a warrant under this section if a person refuses to vacate a building or land when required to do so by order under this Act.
(2) An application must be accompanied by a copy of the order.
(3) The Magistrates' Court must issue a warrant under this section if it is satisfied that the building or land referred to in the application is the same as the building or land referred to in the order.
(4) A warrant under this section may be directed to—
S. 252(4)(a) substituted by No. 37/2014 s. 10(Sch. item 9.3).
(a) a specified police officer; or
S. 252(4)(b) substituted by No. 37/2014 s. 10(Sch. item 9.3).
(b) generally all police officers.
(5) A warrant under this section directs and authorises a person to whom it is directed—
(a) to enter the building or land (by force if necessary); and
(b) with such assistance as is necessary, to compel all persons for the time being occupying the building or land to vacate that building or land.
(6) The Magistrates' Court may exercise jurisdiction under this section despite any claim of title, question of property or suggestion of right which may be made in any proceedings under this section.
S. 253 amended by No. 34/2013 s. 34(Sch. 1 item 113), substituted by No. 21/2017 s. 54.