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Legislative Assembly for the ACT: 2001 Week 3 Hansard (6 March) . . Page.. 726 ..

114D Content of termination orders

(1) An order under section 114B (Confirmation of contested termination) or 114C (Confirmation of uncontested termination) confirming the termination of the lease must state-

(a) the day the lease is or was terminated; and

(b) if the tenant has not already vacated the premises-the following:

(i) that the tenant must vacate the premises on or before that day;

(ii) either-

(A) that, if the tenant does not vacate the premises as required, the lessor may apply to the Magistrates Court for the issue of a warrant for the eviction of the tenant; or

(B) that, if the tenant does not vacate the premises as required, the order will have effect as if it were a warrant for eviction.

(2) If the order states that it will have effect as if it were a warrant for eviction, the order must comply with section 114E as if it were a warrant for eviction under this division.

114E Content of warrants for eviction

(1) A warrant for eviction under this division in relation to a lease must-

(a) authorise a designated officer to take appropriate action to evict the tenant within the time stated in the warrant; and

(b) require the designated officer to give the tenant at least 2 days notice of the proposed eviction.

(2) The designated officer may ask a police officer to take action, or help the designated officer, to enforce the warrant.

(3) For this section:

            1. designated officer
              2. means someone responsible for taking action on warrants issued by the Magistrates Court.

114F Issue of warrants for eviction

On application by the lessor, the Magistrates Court must issue a warrant for eviction in relation to the lease if-

(a) the court has made an order under section 114B (Confirmation of contested termination) or 114C (Confirmation of uncontested termination) confirming termination of the lease; and

(b) the order stated that, if the tenant did not vacate the premises as required, the lessor could apply to the Magistrates Court for the issue of a warrant for the eviction of the tenant; and

(c) the tenant did not vacate the premises as required and continues to occupy the premises in contravention of the order.

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