46Distress: How to be made

46 Distress: How to be made

(1)  [Section 46 Subsection (1) amended by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008] No landlord or other person to whom any rent is due or to whom a power of distress is given by any deed or other instrument or is given by law, shall seize and take any goods or chattels as a distress for arrears of rent, unless such distress is made by such person or by his agent or bailiff duly authorized by a warrant of distress signed by such landlord or person, or by his Australian legal practitioner or agent, thereunto by him duly authorized.

(2)  [Section 46 Subsection (2) amended by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008] If the landlord or person giving such warrant of distress is unable to write his name, his signature, by mark thereunto, shall be attested by a justice or by an Australian legal practitioner.

(3)  Where a distress is made by an agent or bailiff he shall deliver, at the time of making the distress, a copy of such warrant as aforesaid to the tenant in possession of the premises or to the owner of the goods or chattels distrained, or, if the tenant or owner is not present, to some person resident at or near the premises, for such tenant or owner, and in case there is no person resident at or near to such premises to whom such copy can be delivered, such agent or bailiff shall deliver the same to such tenant or owner if demanded at any time within 30 days next after such distress has been made.