Victorian Current Acts

RESIDENTIAL TENANCIES ACT 1997 - SECT 498ZZR

    (1)     A warrant of possession must—

        (a)     be in a form prescribed by rules made under the Victorian Civil and Administrative Tribunal Act 1998 ; and

        (b)     be directed—

              (i)     to a police officer; or

              (ii)     to an authorised person; and

        (c)     give brief details of the possession order; and

        (d)     be signed by the principal registrar.

    (2)     The warrant of possession authorises the person to whom it is directed—

        (a)     to enter the SDA enrolled dwelling, by force if necessary; and

        (b)     with such assistance as is necessary to compel persons referred to in the possession order to vacate the SDA enrolled dwelling and give possession of the dwelling to the applicant for the order under which the warrant is issued.

    (3)     A warrant of possession does not authorise the person to whom it is directed to remove any goods from an SDA enrolled dwelling.

    (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.

S. 498ZZS inserted by No. 38/2018 s. 293.