Commonwealth Numbered Acts

LAW AND JUSTICE LEGISLATION AMENDMENT ACT 1997 No. 34 of 1997 - SCHEDULE 14

Schedule 14-Amendment of the Service and Execution
of Process Act 1992 1 Subsection 3(1) (definition of magistrate)
Repeal the definition, substitute: magistrate, except in sections 57 and 67,
includes:

   (a)  a justice of the peace who has power to issue warrants under a law of
        the State in which the justice holds that office; and

   (b)  a person who is appointed under section 120 of the Magistrates' Court
        Act 1989 of Victoria as a bail justice or is a bail justice because of
        holding a prescribed office within the meaning of section 121 of that
        Act. 2 Subsection 3(1) (before paragraph (a) of the definition of
        warrant)
Insert:

   (aa) this Act; or 3 Subsection 8(4)
Repeal the subsection, substitute:

(4) Subject to this Act, this Act applies to the exclusion of a law of a State
(the relevant State) with respect to:

   (a)  the service or execution in another State of process of the relevant
        State that is process to which this Act applies; or

   (b)  the service or execution in the relevant State of process of another
        State that is process to which this Act applies; or

   (c)  the service or execution in another State of judgments of a court of
        the relevant State that are judgments to which this Act applies; or

   (d)  the service or execution in the relevant State of judgments of a court
        of another State that are judgments to which this Act applies; or

   (e)  the service or execution in another State of judgments to which this
        Act applies that are orders of a tribunal of the relevant State; or

   (f)  the service or execution in the relevant State of judgments to which
        this Act applies that are orders of a tribunal of another State. 4
        Paragraph 17(1)(a)
Repeal the paragraph, substitute:

   (a)  whichever is the longer of the following periods:

        (i)    21 days;

        (ii)   the period in which the appearance would have been required or
               permitted to be entered if the process had been served in the
               place of issue; or 5 After subsection 17(1)
Insert:

(1A) If, under a provision (the State provision) of the law of the place of
issue, the period in which an appearance is required or permitted to be
entered in respect of process served in the place of issue varies according to
the distance of the place of service from another place, the period referred
to in subparagraph (1)(a)(ii) is to be calculated by reference to the longest
distance mentioned in the State provision. 6 Subsection 84(1)
Omit "ascertain whether he or she is a person under restraint.", substitute:
find out:

   (a)  whether he or she is a person under restraint; and

   (b)  if so, the State or States under whose law he or she is a person under
        restraint. 7 After subsection 84(1)
Insert:

(1A) If the magistrate is satisfied that the person:

   (a)  is not under restraint; or

   (b)  is under restraint only under the law of the State in which the
        warrant was issued; the following provisions of this section do not
        apply. 8 After Division 2 of Part 5
Insert:
Division 2A-Transit through State in execution of warrant 94A Application of
Division
This Division applies if:

   (a)  a warrant authorises the taking of a person (the prisoner) to a place
        in the State in which the warrant was issued (the issuing State); and

   (b)  for the purpose of taking the prisoner to that place, it is necessary
        or convenient for the prisoner to be taken into a State (the transit
        State) other than the issuing State. 94B Effect of warrant
The warrant has the same effect in the transit State as it has in the issuing
State. 94C Applicable laws relating to escape from custody
The law in force in the issuing State relating to the liability of a prisoner
who escapes from lawful custody applies to the prisoner in relation to
anything done by the prisoner while the prisoner is in the transit State. 94D
Powers of person executing the warrant
While the prisoner is in the transit State, the person executing the warrant:

   (a)  has the same powers of detention and disposition of the prisoner as
        the person would have in the issuing State; and

   (b)  has power to do anything else that he or she could lawfully do in the
        issuing State for the purpose of executing the warrant. 9 Subsection
        110(1)
Insert: enforcement officer means:

   (a)  a police officer; or

   (b)  in relation to a State prescribed by the regulations for the purposes
        of this paragraph-the Sheriff, or a Sheriff's officer, of the State;
        or

   (c)  in relation to a State prescribed by the regulations for the purposes
        of this paragraph-a bailiff of the State. 10 Paragraph 112(3)(b)
Omit "police", substitute "enforcement". 11 Subsection 113(1)
Omit "a police", substitute "an enforcement". 12 Subsections 113(2), (3) and
(4)
Omit "police" (wherever occurring), substitute "enforcement". 13 Subsection
113(5)
Repeal the subsection, substitute:

(5) The Commissioner of the police force in the State in which the person was
apprehended must ensure that the warrant of apprehension, and any copies of
the warrant that are in the possession of any enforcement officer of the
State, are returned to the clerk of the court within 7 days after the
enforcement officer paid the whole of the unpaid amount of the fine to the
clerk of the court. 14 Subsections 113(6) and (7)
Omit "police", substitute "enforcement". 15 Subsections 119(1) to (4)
Omit "police", substitute "enforcement". 16 Subsection 123(2)
Omit "a police", substitute "an enforcement". 17 Application

(1) The amendment made by item 2 applies to:

   (a)  every warrant for the apprehension of a person:

        (i)    that was issued in accordance with the Service and Execution 
               of Process Act 1992 before the commencement of that item; and

        (ii)   under which the person had not been apprehended before that
               commencement; and

   (b)  every warrant for the apprehension of a person that is issued in
        accordance with that Act after that commencement.

(2) The amendment made by item 10 does not apply to a warrant of apprehension
(within the meaning of Part 7 of the Service and 
Execution of Process Act 1992) issued before the commencement of that item.