Australian Capital Territory Repealed Regulations

This legislation has been repealed.

MAGISTRATES COURT (CIVIL JURISDICTION) RULES 2004 (REPEALED) - REG 349

    (1)     This section applies if, in executing a writ of execution against a judgment debtor—

        (a)     a bailiff is refused entry into the judgment debtor's premises by an occupier of the premises, after having informed, or having made reasonable attempts to inform, the occupier (orally or in writing) about the procedure in relation to the execution of the writ and the bailiff's intention to seek an order for entry under this section if entry is refused; or

        (b)     a bailiff—

              (i)     has made reasonable attempts to contact both the judgment debtor and any other occupier of the judgment debtor's premises to obtain consent to entry of the premises; and

              (ii)     has been unable to make such contact with the judgment debtor or any other occupier of those premises.

    (2)     If this section applies, on application by a bailiff in accordance with section 123 the court may issue an order authorising the bailiff, for any purpose connected with executing the writ of execution, to enter the judgment debtor's premises using the force that is necessary and reasonable, with the assistance of a police officer or officers if the bailiff considers the assistance to be necessary.

    (3)     Without limiting subsection (2), an order under that subsection is sufficient authority for the bailiff—

        (a)     to search the premises for any property that the bailiff is entitled to seize under section 347 (1) or section 348 (1); and

        (b)     to seize and remove any such property.

    (4)     The court shall not make an order under subsection (2) authorising entry to a judgment debtor's premises unless satisfied that—

        (a)     the judgment debtor resides at the premises; or

        (b)     there is within the premises property that the bailiff is entitled to seize under section 347 (1) or section 348 (1) in executing the writ of execution.

    (5)     No action, suit or proceeding lies against a bailiff in relation to an act done or omitted to be done in good faith in carrying out an order of the court under subsection (2).

    (6)     In this section:

"judgment debtor's premises" means premises occupied by the judgment debtor.