SERVICE AND EXECUTION OF PROCESS REGULATIONS (AMENDMENT) 1994 NO. 420

SERVICE AND EXECUTION OF PROCESS REGULATIONS (AMENDMENT) 1994 NO. 420

STATUTORY RULES 1994 No. 420

Issued by the Authority of the Attorney-General

Service and Execution of Process Act 1992

Service and Execution of Process Regulations (Amendment)

Section 132 of the Service and Execution of Process Act 1992 (the Act) provides, in part, that the Governor-General may make regulations prescribing all matters required or permitted by the Act to be prescribed.

The Regulations prescribe a new form of warrant under Part 7 of the Act for the apprehension of a person in a State or Territory whose liability to pay a fine imposed by a lower court of another State or Territory has not been fully discharged.

The new form is required as a result of the amendment of subsection 112(3) of the Act by the Law and Justice Legislation Amendment Act (No. 2) 1994 (the amending Act).

Under subsection 2(2) of the amending Act the amendment to subsection 112(3) commences 28 days after Royal Assent. The amending Act received Royal Assent on 28 November 1994. The amendment of subsection 112(3) makes it provide, in effect, that a warrant of apprehension issued under Part 7 of the Act must be directed to police in only one State or Territory rather than to police in all States and Territories. The new subsection 112(3) retains the requirement that such warrants must be substantially in accordance with the prescribed form.