Victorian Current Acts Victorian Current Acts(1) A possession order must include—
(a) the day (being a day not more than 30 days after the day on which the possession order is made) by which—
S. 333(1)(a)(i) amended by No. 45/2018 s. 249(1)(a).
(i) in the case of rented premises, the renter must vacate those rented premises; and
(ii) in the case of a room in a rooming house, the resident must vacate the room and rooming house; and
S. 333(1)
(a)(iia) inserted by No. 67/2010 s. 81(d),
amended by Nos 47/2012 s. 30, 45/2018 s. 240A(Sch. 1
item 17) (as amended by No. 47/2019 ss 83, 90).
(iia) in the case of a building in respect of which notice under section 142ZO was given, the resident must vacate that building; and
(iii) in the case of a site or caravan, the resident must vacate the site or caravan; and
S. 333(1)(a)(iv) inserted by No. 67/2010 s. 32(1)(a).
(iv) in the case of a Part 4A site, the site tenant must vacate the Part 4A site and remove the Part 4A dwelling situated on the Part 4A site, if the Part 4A dwelling is to be removed; and
S. 333(1)(b) amended by Nos 67/2010 ss 32(1)(b), 81(e)(i), 45/2018 s. 249(1)(b).
(b) a direction to the renter, resident or site tenant (as the case may be) to vacate the rented premises, room and rooming house, building, site or caravan by the day specified in the order; and
S. 333(1)(c) amended by No. 45/2002 s. 96(a).
(c) a direction to the principal registrar to issue a warrant of possession in accordance with section 351 on the application of the person who obtained the possession order.
S. 333(1A) inserted by No. 57/2013 s. 17, amended by No. 45/2018 s. 240A(Sch. 1 item 18) (as amended by No. 47/2019 ss 83, 90).
(1A) Despite subsection (1)(a), if a resident referred to in subparagraph (iia) is entitled to a longer period of notice under section 142ZO, the possession order must specify a day that gives the resident not less than that longer period of notice as the day by which the resident must vacate the building.
S. 333(1B) inserted by No. 45/2018 s. 249(2).
(1B) For the purposes of subsection (1)(a), if the Tribunal makes a possession order for an application which is supported by a notice to vacate given under section 91ZI, 91ZJ, 91ZK, 142ZB, 142ZC, 142ZD, 206AQ, 206AR, 206AS, 207W, 207X or 207Y, in determining the day on which the renter, resident or site tenant must vacate the rented premises, room, caravan or site, the Tribunal may take into account any special requirements the renter, resident or site tenant may have to access relevant social support or alternative accommodation.
S. 333(2) amended by Nos 67/2010 s. 81(e)(ii)(iii), 37/2014 s. 10(Sch. item 144.2), 45/2018 s. 249(3).
(2) A possession order for rented premises or a room in a rooming house or a building must also include a warning that if the renter or resident fails to comply with the direction in subsection (1)(b), he or she may be forcibly vacated from the rented premises or room and rooming house or the building by a police officer or an authorised person carrying out a warrant of possession.
(3) A possession order for a site or caravan must also include a warning that if the resident and any other person residing at the site or in the caravan fails to comply with the direction referred to in subsection (1)(b)—
S. 333(3)(a) amended by No. 37/2014 s. 10(Sch. item 144.2).
(a) if the resident had a right to reside in a caravan owned by a caravan owner, he or she and any other person residing at the site or in the caravan may be forcibly vacated from the site and the caravan park by a police officer or an authorised person carrying out a warrant of possession; or
S. 333(3)(b) amended by No. 37/2014 s. 10(Sch. item 144.2).
(b) if the resident had a right to occupy a site in a caravan owned by the resident, he or she and any other person residing at the site or in the caravan may be forcibly vacated from the site and the caravan park by a police officer or an authorised person carrying out a warrant of possession and the caravan may be removed from the caravan park and held under Division 5.
S. 333(4) inserted by No. 67/2010 s. 32(2), amended by No. 37/2014 s. 10(Sch. item 144.2).
(4) A possession order for a site in a Part 4A park must also include a warning that if the site tenant and any other person residing at the Part 4A site fails to comply with the direction referred to in subsection (1)(b), the site tenant and any other person residing at the Part 4A site in a Part 4A dwelling may be forcibly removed from the Part 4A site and the Part 4A dwelling by a police officer or an authorised person carrying out a warrant of possession.
S. 334 (Heading) inserted by No. 67/2010 s. 33(1).
S. 334 amended by No. 67/2010 s. 33(2) (ILA s. 39B(1)).