Northern Territory Consolidated Acts

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FINES AND PENALTIES (RECOVERY) ACT 2001 - SECT 71

Power of entry to execute property seizure order

    (1)     A bailiff executing a property seizure order may, at any reasonable time of the day or night, enter and remain on any premises for the purposes of executing the order.

    (2)     Subsection (1) does not authorise the bailiff to enter a part of premises used only for residential purposes by a person who is not the fine defaulter (whether or not the fine defaulter also resides at the premises) without the permission of the occupier or the authority of a search warrant under this section.

    (3)     The bailiff may apply to a justice of the peace for the issue of a search warrant if he or she believes on reasonable grounds that there may be property liable to seizure under the property seizure order in any premises.

    (4)     A justice of the peace to whom an application is made under subsection (3) may, if satisfied that there are reasonable grounds for doing so, issue a search warrant authorising the bailiff who is executing the property seizure order to enter the premises and seize property in the premises in accordance with that or any other property seizure order against the same fine defaulter.

    (5)     A member of the Police Force:

        (a)     may accompany a bailiff executing a property seizure order or search warrant; and

        (b)     may take all reasonable steps to assist the bailiff in the exercise of the bailiff's functions under this section.

    (6)     This section does not authorise a bailiff to seize property under a warrant of execution or order (other than a property seizure order) while the bailiff is on premises in pursuance only of the authority conferred by this section.

    (7)     In this section:

"premises" includes any structure, building, aircraft, vehicle, vessel or place (whether built on or not).



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