Western Australian Current Acts Western Australian Current Acts (1) Under a property
(seizure and delivery) order the sheriff, using any force and assistance that
is reasonably necessary in the circumstances, may —
(a) if
the order relates to real property —
(i)
enter the property and evict from it any person who is
not lawfully entitled to be on the property;
(ii)
exercise the powers in section 100 in respect of any
personal property situated on the real property;
(b) if
the order relates to personal property — enter any place where the
sheriff reasonably suspects the property is situated and seize the property.
(2) If a property
(seizure and delivery) order relates to real property, the powers in
subsection (1)(a) may only be exercised between 9 a.m. and 5 p.m.
(3) If a property
(seizure and delivery) order relates to personal property, the powers in
subsection (1)(b) —
(a) may
be exercised at any time of the day or night in respect of a place that is not
a dwelling; and
(b) must
not be exercised in respect of a dwelling without the consent of the occupier
of the dwelling or, if there is no occupier, the owner.
(4) Despite subsection
(3)(b), if —
(a) the
consent referred to in subsection (3)(b) is unreasonably withheld; or
(b) the
sheriff, after reasonable attempts to do so, cannot contact the occupier or
owner of the dwelling,
the sheriff may
exercise the powers in subsection (1)(b) without that consent, at any time
between 9 a.m. and 5 p.m.
(5) If a person
unlawfully resumes possession of real or personal property seized from the
person under a property (seizure and delivery) order, section 98 applies as if
the person had disobeyed a judgment to which Division 2 applies.