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s 96

Property (seizure and delivery) order, effect of

In force
Part 5Enforcing non‑monetary judgments
Division 1Judgments requiring property to be given up

96 Property (seizure and delivery) order, effect of

(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.

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Section 96 — Property (seizure and delivery) order, effect of — Civil Judgments Enforcement Act 2004 (Western Australia) — Barrister AI