VIC: Residential Tenancies Act Section 355 Warrant of Possession

Warrant of possession

(1) A warrant of possession under this Part must—

(a) be in a form prescribed by rules made under the Victorian Civil and Administrative Tribunal Act 1998; and

(b) be directed— (i) to a police officer; or (ii) to an authorised person; and

(c) give brief details of the possession order; and

(d) be signed by the principal registrar.

(2) The warrant of possession authorises the person to whom it is directed—

(a) to enter the rented premises, room and rooming house, building, site or caravan (as the case may be), by force if necessary; and

(b) with such assistance as is necessary— (i) to compel all persons for the time being occupying the rented premises, room (other than a shared room), building, site or caravan (as the case may be) to vacate and give possession of them to the applicant for the order under which the warrant is issued; or (ii) to compel any person named in the order to vacate a shared room.

(3) A warrant of possession does not authorise the person to whom it is directed to remove any goods from rented premises or a room in a rooming house, building, or a site or caravan.

(4) Entry under a warrant of possession must not be made— (a) between the hours of 6 p.m. and 8 a.m.; or (b) on a Sunday or public holiday.

(5) The Minister may authorise any person or class of persons either generally or in a particular case to execute warrants of possession.