Victorian Current Acts Victorian Current ActsS. 498ZZH(1) amended by No. 9/2023 s. 202.
(1) The Tribunal must make a possession order on an application under section 498ZZE(1) requiring an SDA resident to vacate the SDA dwelling on the day specified in the order if the Tribunal is satisfied that—
(a) the SDA provider was entitled to give the notice to vacate; and
S. 498ZZH
(1)(b) amended by No. 19/2019 s. 193(1)(a).
(b) the notice to vacate has not been withdrawn; and
S. 498ZZH
(1)(c) inserted by No. 19/2019 s. 193(1)(b).
(c) in the circumstances of the particular application, it is reasonable and proportionate having regard to section 498ZZHA.
S. 498ZZH(1A) inserted by No. 19/2019 s. 193(2).
(1A) The Tribunal must have regard to the Director's guidelines when determining an application for a possession order which is supported by a notice to vacate.
(2) A possession order must not be made in respect of more than one SDA resident.
(3) The day specified in the order of the Tribunal under subsection (1) cannot be earlier than the termination date specified in the notice to vacate.
S. 498ZZH(4) amended by No. 9/2023 s. 202.
(4) The Tribunal must make a possession order on an application under section 498ZZE(3) requiring an SDA resident to vacate an SDA dwelling on the day specified in the order if the Tribunal is satisfied that—
(a) a notice of intention to vacate has been given by an SDA resident and has not been withdrawn; and
S. 498ZZH
(4)(b) amended by No. 19/2019 s. 193(3)(a).
(b) the SDA provider acted reasonably by relying on the notice of intention to vacate; and
S. 498ZZH
(4)(c) inserted by No. 19/2019 s. 193(3)(b).
(c) in the circumstances of the particular application, it is reasonable and proportionate having regard to section 498ZZHA.
S. 498ZZHA inserted by No. 19/2019 s. 194.