Civil Judgments Enforcement Act 2004

Under a property (seizure and delivery) order the sheriff, using any force and assistance that is reasonably necessary in the circumstances, may —

if the order relates to real property —

enter the property and evict from it any person who is not lawfully entitled to be on the property;

exercise the powers in section 100 in respect of any personal property situated on the real property;

if the order relates to personal property — enter any place where the sheriff reasonably suspects the property is situated and seize the property.

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.

If a property (seizure and delivery) order relates to personal property, the powers in subsection (1)(b) —

may be exercised at any time of the day or night in respect of a place that is not a dwelling; and

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.

Despite subsection (3)(b), if —

the consent referred to in subsection (3)(b) is unreasonably withheld; or

the sheriff, after reasonable attempts to do so, cannot contact the occupier or owner of the dwelling,

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.