Tasmanian Numbered Acts

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BUILDING ACT 2016 (NO. 25 OF 2016) - SECT 266

Possession of building
(1)  If any occupier of a building or temporary structure fails to allow any person to do work under section 265 , a council may take proceedings under the Justices Act 1959 to obtain possession of the building or temporary structure.
(2)  On the hearing of a complaint, a justice may order the occupier to give the council possession of the building or temporary structure within a prescribed period.
(3)  If a person fails to comply with an order under subsection (2) , a justice who made the order may issue a warrant authorising police officers to –
(a) enter into the building or temporary structure by force if necessary and with any assistance they consider necessary; and
(b) eject any person from the building or temporary structure; and
(c) deliver possession of the building or temporary structure to the relevant council.
(4)  A council may remain in possession of a building or temporary structure pursuant to a warrant until the work is completed.



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