SERVICE AND EXECUTION OF PROCESS ACT 1992 - NOTES
SERVICE AND EXECUTION OF PROCESS ACT 1992 - NOTES
No. 172, 1992
Compilation No. 19
Compilation date: 11 May 2018
Includes amendments up to: Act No. 31, 2018
Registered: 22 May 2018
About this compilation
This compilation
This is a compilation of the Service and Execution of Process Act 1992 that shows the text of the law as amended and in force on 11 May 2018 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
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
26 Application of Division
27 Other process may be served in any part of Australia
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
112 Request for registration
113 Registration
114 Effect of registration
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
Division 4--Miscellaneous
121 Operation of State laws
122 Saving
Part 8--Miscellaneous
127 Matters of state
128 Claim of public interest immunity not precluded
129 Custodians to assist prisoners served with subpoenas
130 Jurisdiction not limited by locality
131 Constitution of courts
132 Regulations etc.
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Abbreviation key--Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history--Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation "(md)" added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation "(md not incorp)" is added to the details of the amendment included in the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub-subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev ... ) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
Sdiv = Subdivision(s) | |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub-Ch = Sub-Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3--Legislation history
Act | Number and year | Assent | Commencement | Application, saving and transitional provisions |
172, 1992 | 11 Dec 1992 | s 1 and 2: 11 Dec 1992 (s 2(1)) |
| |
141, 1994 | 28 Nov 1994 | s 6 and Sch 1 (items 12-16): 28 Nov 1994 (s 2(1)) | ||
34, 1997 | 17 Apr 1997 | Sch 14 (items 1-3, 6-8, 17): 17 Apr 1997 (s 2(1)) | Sch 14 (item 17) | |
61, 1998 | 29 June 1998 | Sch 4 (items 39-49): 1 July 1998 (s 2(2) and gaz 1998, No S317) |  | |
9, 2000 | 7 Mar 2000 | Sch 2 (items 52-55) 2 July 2000 (s 2(1) and gaz 2000, No S328) | Sch 3 (items 20, 34, 35) | |
Law and Justice Legislation Amendment (Application of Criminal Code) Act 2001 | 24, 2001 | 6 Apr 2001 | s 4(1), (2) and Sch 44: 24 May 2001 (s 2(1)(a)) | s 4(1) and (2) |
Corporations (Repeals, Consequentials and Transitionals) Act 2001 | 55, 2001 | 28 June 2001 | ||
Proceeds of Crime (Consequential Amendments and Transitional Provisions) Act 2002 | 86, 2002 | 11 Oct 2002 | s 1-3: 11 Oct 2002 | -- |
41, 2003 | 3 June 2003 | Sch 2 (items 18-22): 3 Dec 2003 (s 2(1) item 11A) | -- | |
8, 2007 | 15 Mar 2007 | Sch 4 (items 25, 26): 15 Mar 2007 (s 2(1) item 44) | -- | |
Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Act 2008 | 144, 2008 | 9 Dec 2008 | Sch 2 (items 73-75): 10 Dec 2008 (s 2(1) item 11) | -- |
Law and Justice (Cross Border and Other Amendments) Act 2009 | 77, 2009 | 7 Sept 2009 | Sch 1 and 2: 7 Sept 2009 (s 2) | -- |
Trans-Tasman Proceedings (Transitional and Consequential Provisions) Act 2010 | 36, 2010 | 13 Apr 2010 | Sch 2 (items 25, 26): 11 Oct 2013 (s 2(1) item 5) | -- |
Service and Execution of Process Amendment (Interstate Fine Enforcement) Act 2010 | 143, 2010 | 15 Dec 2010 | Sch 1 and Sch 2 (items 1, 2): 15 June 2011 (s 2(2)) | Sch 1 (items 2, 3) |
61, 2016 | 23 Sept 2016 | Sch 1 (item 451): 21 Oct 2016 (s 2(1) item 1) | -- | |
Home Affairs and Integrity Agencies Legislation Amendment Act 2018 | 31, 2018 | 9 May 2018 | Sch 2 (items 168, 284): 11 May 2018 (s 2(1) items 3, 7) | Sch 2 (item 284) |
Provision affected | How affected | |
Part 1 |
| |
s. 3..................... | am. No. 34, 1997; No. 61, 1998; No. 9, 2000; No. 55, 2001; No. 86, 2002; No. 41, 2003; No. 77, 2009; No 36, 2010 | |
s. 5..................... | am. No. 143, 2010 | |
s. 8..................... | am. No. 34, 1997; No. 77, 2009 | |
s. 8A.................... | ad. No. 24, 2001 | |
s. 9..................... | am. No. 141, 1994; No. 61, 1998; No. 55, 2001; No. 8, 2007 | |
s. 10.................... | am. No. 141, 1994; No. 61, 1998 | |
s. 11.................... | am. No. 141, 1994 | |
Part 2 |
| |
Division 1 |
| |
s. 17.................... | am. No. 34, 1997 | |
s. 20.................... | am. No. 77, 2009 | |
Part 3 |
| |
Division 1 |
| |
s. 28.................... | am. No. 77, 2009 | |
s. 33.................... | am. No. 77, 2009 | |
Division 2 |
| |
s. 38.................... | am. No. 77, 2009 | |
am. No. 77, 2009 | ||
Part 4 |
| |
Division 3 |
| |
Subdivision A |
| |
s. 56.................... | am. No. 77, 2009 | |
s. 61.................... | am. No. 77, 2009 | |
Subdivision B |
| |
s. 66.................... | am. No. 77, 2009 | |
am. No. 77, 2009 | ||
Division 4 |
| |
Subdivision A |
| |
s. 75.................... | am. No. 77, 2009 | |
Subdivision B |
| |
s. 78.................... | am. No. 77, 2009 | |
Part 5 |
| |
Division 1 |
| |
s. 81.................... | rs. No. 143, 2010 | |
s. 81A................... | ad. No. 41, 2003 | |
s. 82.................... | am. No. 9, 2000 | |
s. 84.................... | am. No. 34, 1997; No. 9, 2000; No. 24, 2001; No. 77, 2009; No 61, 2016 | |
s. 85A................... | ad. No. 141, 1994 | |
Division 2 |
| |
s. 92.................... | am. No. 141, 1994 | |
Division 2A |
| |
Div. 2A of Part 5............ | ad. No. 34, 1997 | |
ad. No. 34, 1997 | ||
Division 3 |
| |
s 95.................... | am No 144, 2008 | |
s 96.................... | am No 144, 2008 | |
s 100................... | am No 31, 2018 | |
s. 103................... | am. No. 24, 2001 | |
Part 7 |
| |
Part 7................... | rs. No. 143, 2010 | |
Division 1 |
| |
s. 110................... | am. No. 34, 1997 | |
| rs. No. 143, 2010 | |
s. 111................... | rs. No. 143, 2010 | |
Division 2 |
| |
am. No. 141, 1994; No. 34, 1997 | ||
| rs. No. 143, 2010 | |
s. 114................... | rs. No. 143, 2010 | |
Division 3 |
| |
rs. No. 143, 2010 | ||
s. 119................... | am. No. 34, 1997 | |
| rs. No. 143, 2010 | |
s. 120................... | rs. No. 143, 2010 | |
Division 4 |
| |
rs. No. 143, 2010 | ||
s. 123................... | am. No. 34, 1997 | |
| rep. No. 143, 2010 | |
ss. 124-126............... | rep. No. 143, 2010 | |
Part 8 |
| |
s. 129................... | am. No. 77, 2009 | |