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SHERIFF ACT 2005 - SECT 7A
Powers of Sheriff when executing writs and warrants for possession of land
7A Powers of Sheriff when executing writs and warrants for possession of land
(1) A sheriff’s officer executing a writ or warrant for possession of land
may do any of the following: (a) enter the premises and take all reasonably
necessary steps to enforce the writ or warrant,
(b) use such force as is
reasonably necessary to enforce the writ or warrant,
(c) obtain the
assistance of a police officer.
(2) A police officer may, at the request of a
sheriff’s officer, assist the sheriff’s officer to enforce the writ or
warrant.
(3) The Sheriff must give the occupier of land subject to a writ of
possession of land or a writ for the levy of property that relates to land not
less than 30 days notice to deliver up possession of the land.
(4) Subsection
(3) does not apply if the execution of the writ has been previously stayed by
a court or if a warrant for possession is issued under the
Residential Tenancies Act 2010 , the Residential Parks Act 1998 , the
Retirement Villages Act 1999 or the Holiday Parks (Long-term Casual
Occupation) Act 2002 .
(5) In this section:
"writ or warrant for possession of land" means: (a) a writ of possession of
land, or
(b) a writ for the levy of property that relates to land, or
(c) a
warrant for possession of residential premises under the
Residential Tenancies Act 2010 , or
(d) a warrant for possession of
residential premises under the Residential Parks Act 1998 , or
(e) a warrant
for possession of residential premises under the Retirement Villages Act 1999
, or
(f) a warrant for possession of a site under the
Holiday Parks (Long-term Casual Occupation) Act 2002 .
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