Victorian Consolidated Legislation

Commonwealth Games Arrangements Act 2001 - SECT 39

Proceedings where refusal to give up possession

39. Proceedings where refusal to give up possession



(1) If the Minister is entitled under this Division to enter into possession
of surrendered land and the occupier of the land or any other person-

   (a)  refuses to give up the possession of the land; or

   (b)  hinders the Minister from entering on and taking possession of the
        land-

the Minister may issue his or her warrant under this section to the sheriff.

(2) A warrant issued under this section authorises the sheriff to-

   (a)  enter onto the land specified in the warrant; and

   (b)  deliver possession of the land to the Minister or the person appointed
        in the warrant to receive possession of the land; and

   (c)  use such force as is reasonably necessary to execute the warrant.

(3) On receipt of a warrant issued under this section, the sheriff must
deliver possession of the land to the Minister or the person appointed in the
warrant to receive possession of the land.

(4) The costs incurred in the issuing and execution of a warrant must be paid
by the person refusing to give up possession.





(5) The amount of the costs and the amount of any rent owed by that person
must be deducted and retained by the Minister from the compensation (if any)
payable under this Part to that person.

(6) If no compensation is payable to that person or if the compensation
payable is less than the amount of the costs and rent (if any) then payment of
the amount in excess of the compensation must, if not paid on demand, be
enforced by a warrant to seize property.

(7) On application by the Minister, a magistrate must issue a warrant for the
purposes of subsection (6).

(8) In this section, sheriff means the sheriff or a deputy sheriff under the
Supreme Court Act 1986.