Orders to obtain possession
132 Orders to obtain possession
This section applies where:
an acquiring authority holds an interest in land;
the interest entitles the acquiring authority to possession of the land; and
another person (in this section called the unauthorised person) is in possession of the land, otherwise than under a subsisting lease or agreement, or a right of occupancy under section 47.
If the unauthorised person:
refuses or fails, when so required by the Minister by notice in writing, to give up possession of the land to the acquiring authority; or
hinders or obstructs an authorised person attempting to take possession of the land for the acquiring authority;
a court of summary jurisdiction may, on the application of the Minister, make an order authorising a member of the Australian Federal Police or other person named in the order, with such assistance and force as are reasonably necessary, to enter on the land and deliver up possession of the land to the acquiring authority.
A copy of the application under subsection (2) shall be given to the unauthorised person and that person is entitled to appear and be heard on the hearing of the application.
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