Queensland Consolidated Acts

RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION ACT 2008 - SECT 351

351 Warrant of possession

(1) A warrant of possession must—

(a) authorise a police officer, or a stated authorised person, to enter the premises and give possession of the premises to the owner of the premises or the person in whose favour a termination order was made; and

(b) authorise the person to whom the warrant is directed to exercise the powers under the warrant with necessary and reasonable help and force; and

(c) state the hours of the day when entry may be made; and

(d) state the day the warrant ends.

(2) The registrar must give written notice of the issue of a warrant of possession to the person occupying the premises as soon as practicable after the warrant is issued.

(3) If the registrar can not comply with subsection (2) after reasonable efforts (whether before or after the warrant is executed), the validity of the warrant is not affected merely because of the noncompliance.

(4) A warrant of possession takes effect on the day stated in the warrant for it to take effect and ends—

(a) if paragraph (b) does not apply—14 days after it takes effect; or

(b) if the tribunal is satisfied that, because of special circumstances, the warrant should continue until a later day stated in the warrant—on the later day.

Examples of special circumstances under subsection (4)(b)—

1 natural disasters, including floods, affecting the area in which the premises are located

2 the remoteness of the premises

(5) However, the day on which the warrant takes effect must not be later than 3 business days after it is issued.

(6) If a warrant of possession (the
"original warrant" ) is lost or destroyed before it ends, the registrar may issue a copy of the warrant.

(7) A copy of a warrant issued under subsection (6) —

(a) has effect as if it were the original warrant; and

(b) is taken to have been issued when the original warrant was issued; and

(c) ends when the original warrant ends.