Victorian Consolidated Legislation

Land Act 1958 - SECT 31

Duties of bailiffs

31. Duties of bailiffs







(1) Every authorised officer shall-

   (a)  prevent intrusion encroachment or trespass on any such lands;

   (b)  levy or recover rent or licence fees payable in respect of such lands;

   (c)  take and recover possession of any allotment or lands forfeited under
        this or any other Act;

   (d)  carry out any other duties imposed under this Act;

   (e)  enforce any regulation made under this Act or under section 13 of the
        Crown Land (Reserves) Act 1978;

   (f)  carry out such other duties as may be directed by the Minister.





(2) An authorised officer shall have the like power and authority to do all
such acts as any authorised officer lawfully appointed may by law do in
respect of any lands tenements or hereditaments of his employer; and every
such authorised officer may file a charge against any person who is in
unauthorized occupation whether under colour of any licence or lease or
otherwise of any Crown lands, or whose right to occupy such lands has ceased,
and may sue for and recover any penalty from any person liable to forfeit the
same.

(3) Any person who obstructs or assaults or incites or encourages any person
to obstruct resist or assault an authorised officer in the execution of his
duty under this Act or who threatens or abuses any such authorised officer
shall be guilty of an offence against this Act and liable to a penalty not
exceeding 2×5 penalty units or imprisonment not exceeding 3 months.

(4) An authorised officer may seize and remove any vehicle or vessel parked or
left without lawful authority on any Crown land and may retain the vehicle or
vessel (either in a garage or elsewhere) until the owner reimburses the Crown
for the cost of the removal, retention and release of the vehicle or vessel.

(5) Where an authorised officer reasonably believes that a person has
contravened or is contravening any provision of this Act or the
Crown Land (Reserves) Act 1978 or any regulation made under either Act, the
authorised officer may ask the person to state the person's name and address.

(6) A person who is asked pursuant to subsection (5) to state the person's
name and address and fails to do so or states a false name or address shall be
guilty of an offence.

Penalty: 5 penalty units.