SERVICE AND EXECUTION OF PROCESS ACT 1992
Table of Provisions
PART 1--PRELIMINARY
- 1 Short title
- 2 Commencement
- 3 Interpretation
- 4 Copies
- 5 Territories regarded as States
- 6 Act to bind Crown
- 7 Territories
- 8 Effect on the operation of other laws
- 8A Application of the Criminal Code
- 9 Service on companies and registered bodies
- 10 Service on other bodies corporate
- 11 Proof of service
- 12 Effect of service
PART 2--SERVICE--OF PROCESS IN CIVIL AND CRIMINAL PROCEEDINGS
Division 1--Initiating process in civil proceedings
- 13 Application of Division
- 14 Meaning of appearance
- 15 Initiating process may be served in any part of Australia
- 16 Information to be provided
- 17 Time for appearance
- 18 Appearance to state address for service
- 19 Security for costs
- 20 Stay of proceedings
- 21 No restraint of proceedings
Division 2--Initiating process in criminal proceedings
- 22 Application of Division
- 23 Initiating process
- 24 Initiating process may be served in any part of Australia
- 25 Time for service
Division 3--Other process
PART 3--SERVICE--OF SUBPOENAS
Division 1--Service of subpoenas generally
- 28 Application of Division
- 29 Subpoenas may be served in any part of Australia
- 30 Time for service
- 31 Information to be provided
- 32 Expenses
- 33 Application for relief from subpoena
- 34 Subpoenas not requiring attendance
- 35 Entitlement to expenses
- 36 Persons under restraint
- 37 Issue of warrants for non - compliance with subpoenas
Division 2--Service of subpoenas addressed to persons in prison
- 38 Application of Division
- 39 Order for production
- 40 Service of order for production
- 41 Information to be provided
- 42 Expenses
- 43 Application for relief from subpoena
- 44 Application for relief from order for production
- 45 Entitlement to expenses
- 46 Custody of prisoner etc.
PART 4--SERVICE--OF PROCESS OF TRIBUNALS
Division 1--Preliminary
- 47 Interpretation
Division 2--Service of initiating and other process related to adjudicative functions
- 48 Application of Division
- 49 Meaning of appearance
- 50 Initiating process may be served in any part of Australia
- 51 Information to be provided
- 52 Time for appearance
- 53 Appearance to state address for service
- 54 Security for costs
- 55 Other process may be served in any part of Australia
Division 3--Service of subpoenas in the performance of adjudicative functions
Subdivision A--Service of subpoenas generally- 56 Application of Subdivision
- 57 Order for leave
- 58 Subpoenas may be served in any part of Australia
- 59 Information to be provided
- 60 Expenses
- 61 Application for relief from subpoena
- 62 Subpoenas not requiring attendance
- 63 Entitlement to expenses
- 64 Persons under restraint
- 65 Issue of warrants for non - compliance with subpoenas Subdivision B--Service of subpoenas addressed to persons in prison
- 66 Application of Subdivision
- 67 Order for production
- 68 Service of order for production
- 69 Information to be provided
- 70 Expenses
- 71 Application for relief from subpoena
- 72 Application for relief from order for production
- 73 Entitlement to expenses
- 74 Custody of prisoner etc.
Division 4--Service of subpoenas in the performance of investigative functions
Subdivision A--Service of subpoenas generally- 75 Application of Subdivision
- 76 Order for leave
- 77 Application of other provisions Subdivision B--Service of subpoenas addressed to persons in prison
- 78 Application of Subdivision
- 79 Order for production
- 80 Application of other provisions
PART 5--EXECUTION--OF WARRANTS
Division 1--General
- 81 Application of Division
- 81A Interpretation
- 82 Persons subject to warrants may be apprehended
- 83 Procedure after apprehension
- 84 Additional provisions relating to persons under restraint
- 85 Procedure on remand on bail
- 85A Notification when persons are released or remanded on bail
- 86 Review
- 87 Entitlement to expenses
- 88 Law applicable to grant etc. of bail
- 89 Custody of persons etc.
- 90 Release of persons unnecessarily detained
Division 2--Execution of warrants issued by tribunals
- 91 Application of Division
- 92 Application of Division 1 to certain warrants issued by tribunals
- 93 Orders for the execution of warrants
- 94 Additional provisions relating to warrants issued in the performance of investigative functions
Division 2A--Transit through State in execution of warrant
- 94A Application of Division
- 94B Effect of warrant
- 94C Applicable laws relating to escape from custody
- 94D Powers of person executing the warrant
Division 3--Suppression orders
- 95 Interpretation
- 96 Suppression orders
- 97 Duration etc. of suppression orders
- 98 Interim suppression orders
- 99 Variation and revocation of suppression orders
- 100 Applications for suppression orders etc.
- 101 Appeals against suppression orders
- 102 Institution of appeals
- 103 Disobedience of suppression orders
PART 6--JUDGMENTS
- 104 Interpretation
- 105 Enforcement of judgments
- 106 Stay may be granted
- 107 Costs
- 108 Interest
- 109 Rules of private international law not to apply
PART 7--ENFORCEMENT--OF FINES IMPOSED BY COURTS OF SUMMARY JURISDICTION
Division 1--Preliminary
- 110 Definitions
- 111 Constitution of courts
Division 2--Registration and enforcement of fines
Division 3--Amendment, cancellation and challenge to imposition etc.
- 115 Amendment of registration initiated by originating State
- 116 Cancellation of registration initiated by originating State
- 117 Payment of fine to the registering State
- 118 Cancellation of registration initiated by registering State
- 119 Effect of cancellation of registration
- 120 Challenge to imposition of fine