Victorian Current Acts Victorian Current Acts(1) A warrant of possession under this Part must—
S. 355(1)(a) amended by No. 45/2002 s. 90.
(a) be in a form prescribed by rules made under the Victorian Civil and Administrative Tribunal Act 1998 ; and
(b) be directed—
S. 355(1)(b)(i) amended by No. 37/2014 s. 10(Sch. item 144.2).
(i) to a police officer; or
(ii) to an authorised person; and
(c) give brief details of the possession order; and
S. 355(1)(d) amended by No. 52/1998
s. 236(q).
(d) be signed by the principal registrar.
(2) The warrant of possession authorises the person to whom it is directed—
S. 355(2)(a) amended by No. 67/2010 s. 81(f)(i) (as amended by No. 36/2011 s. 38(2)).
(a) to enter the rented premises, room and rooming house, building, site or caravan (as the case may be), by force if necessary; and
S. 355(2)(b) substituted by No. 63/2005 s. 28.
(b) with such assistance as is necessary—
S. 355(2)(b)(i) amended by No. 67/2010 s. 81(f)(ii).
(i) to compel all persons for the time being occupying the rented premises, room (other than a shared room), building, site or caravan (as the case may be) to vacate and give possession of them to the applicant for the order under which the warrant is issued; or
(ii) to compel any person named in the order to vacate a shared room.
S. 355(3) amended by No. 67/2010 s. 81(f)(iii).
(3) A warrant of possession does not authorise the person to whom it is directed to remove any goods from rented premises or a room in a rooming house, building, or a site or caravan.
(4) Entry under a warrant of possession must not be made—
(a) between the hours of 6 p.m. and 8 a.m.; or
(b) on a Sunday or public holiday.
(5) The Minister may authorise any person or class of persons either generally or in a particular case to execute warrants of possession.