10Powers when executing orders made by the Court

10 Powers when executing orders made by the Court

(1) If the Federal Circuit and Family Court of Australia (Division 2) makes an order when exercising jurisdiction over a Commonwealth tenancy dispute involving land in New South Wales: (a) the Federal Circuit and Family Court of Australia (Division 2) may exercise any powers of the Civil and Administrative Tribunal under the applicable NSW law; and (b) a relevant Registrar of the Federal Circuit and Family Court of Australia (Division 2) may exercise any powers of the principal registrar of the Civil and Administrative Tribunal under the applicable NSW law; and (c) subject to subsection (2), the Sheriff or a Deputy Sheriff of the Federal Circuit and Family Court of Australia (Division 2) may exercise any powers of a sheriff’s officer under section 7A of the Sheriff Act 2005 (NSW); to the extent that those powers are relevant to the execution or enforcement of the order. (2) In exercising a power of a sheriff’s officer under section 7A of the Sheriff Act 2005 (NSW) to execute a warrant for possession of residential premises, the Sheriff or a Deputy Sheriff of the Federal Circuit and Family Court of Australia (Division 2): (a) may obtain the assistance of a member or special member of the Australian Federal Police; and (b) must not enter a dwelling house between 9 pm one day and 6 am the next day unless the Sheriff or Deputy Sheriff reasonably believes that it would not be practicable to execute the warrant at another time; and (c) must not use more force, or subject any person on the premises to greater indignity, than is necessary and reasonable to execute the warrant; and (d) must not do anything that is likely to cause the death of, or grievous bodily harm to, any person on the premises unless the Sheriff or Deputy Sheriff reasonably believes that doing that thing is necessary to protect life or prevent serious injury to another person (including the Sheriff or Deputy Sheriff). (3) To avoid doubt, nothing in this section limits any other power of: (a) the Federal Circuit and Family Court of Australia (Division 2); or (b) a relevant Registrar of the Federal Circuit and Family Court of Australia (Division 2); or (c) the Sheriff or a Deputy Sheriff of the Federal Circuit and Family Court of Australia (Division 2).