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PARLIAMENT OF VICTORIA
Sheriff Bill 2008
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purpose 1
2 Commencement 2
3 Definitions 2
4 Meaning of appropriately trained justice employee 6
5 Crown to be bound 6
PART 2--THE SHERIFF, THE DEPUTY SHERIFF AND
SHERIFF'S OFFICERS 7
Division 1--The sheriff 7
6 The sheriff 7
7 Functions, powers and duties of the sheriff 7
8 Sheriff may appoint certain Department of Justice employees
as deputised persons 8
9 Delegation of sheriff's enforcement functions and powers 8
Division 2--The deputy sheriff 9
10 The deputy sheriff 9
Division 3--Sheriff's officers 10
11 Sheriff's officers 10
12 Appointment of sheriff's officers as bailiffs 10
PART 3--THE SHERIFF'S ENFORCEMENT FUNCTIONS
AND POWERS 11
Division 1--Execution of warrants and other processes 11
13 Execution and return of warrants and other processes 11
14 Execution of warrants that are in electronic form 11
Division 2--Power to arrest 12
15 General power to arrest persons 12
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Clause Page
Division 3--Power to restrain 13
16 Power to temporarily restrain person hindering execution of
warrant 13
Division 4--Powers to enter and search 13
17 Power to enter premises for the purpose of serving seven day
demand 13
18 Power to enter and search premises in order to arrest person 13
19 Power to enter and search premises for recoverable property 14
20 Power to enter and take possession of real property 14
21 Use of reasonable force and assistance to enter premises 15
22 Requirements in relation to entry to premises to execute civil
warrants 15
Division 5--Powers to seize, sell and deal with property 16
23 Sheriff may seize recoverable property 16
24 Sheriff may sell or otherwise deal with seized property 16
25 Buyer of property sold by sheriff acquires good title 16
Division 6--Powers to demand and receive payment 17
26 Sheriff may collect enforcement order payments 17
27 Sheriff may demand and receive payment in relation to
money warrants 17
28 Reinstatement of certain money warrants after whole of
payable amount has been paid by third party 19
Division 7--Power to request name and address 20
29 Power to request name and address for purpose of executing
warrant 20
Division 8--Performance and exercise of enforcement functions
and powers at police road checks 22
30 Performance and exercise of enforcement functions and
powers at police road checks 22
Division 9--Other enforcement powers 23
31 Power to direct a person to do something 23
Division 10--Costs of execution of warrants 23
32 Sheriff may recover reasonable costs of enforcement and
execution 23
Division 11--Miscellaneous matters 24
33 Sheriff's duties on receipt of money to satisfy debt or on
seizing property 24
561215B.I-7/10/2008 ii BILL LA INTRODUCTION 7/10/2008
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PART 4--EXECUTION OF MULTIPLE WARRANTS 26
Division 1--Execution of more than one warrant at the same time 26
34 Definitions 26
35 All warrants in a multiple warrant situation must be executed
at the same time 26
36 Execution of warrants with related seven day demands 26
37 Execution of warrant of seizure and sale or to seize property
and warrant to imprison 27
38 Execution of warrant to imprison and infringement warrant 27
39 Execution of warrant to imprison and warrant to arrest 28
40 Execution of warrant to imprison, warrant to arrest and
infringement warrant 29
Division 2--Application of proceeds from executed money warrants 30
41 Division does not affect the operation of Part 7 or Part 11 of
the Infringements Act 2006 30
42 Definitions 30
43 Priority of application of proceeds of executed warrants 31
44 Payable amounts under warrants to imprison to be applied first 31
45 How payable amounts under warrants to arrest and other non-
imprisonment warrants are to be applied 32
46 How payable amounts under other money warrants are to be
applied 33
PART 5--GENERAL 34
Division 1--Offences 34
47 Offence to resist sheriff, deputy sheriff or sheriff's officer 34
48 Offence to assault sheriff, deputy sheriff or sheriff's officer 34
49 Offence to escape from lawful custody of sheriff, deputy
sheriff or sheriff's officer 34
50 Offence to rescue or attempt to rescue goods 35
51 Offence to impersonate sheriff, deputy sheriff or sheriff's officer 35
Division 2--Information collection 35
52 Definitions 35
53 Sheriff may request required information from specified
agency for purpose of executing warrants 36
54 Specified agency must comply unless certain cases apply 36
55 Restriction on sheriff in relation to use of required information 37
Division 3--Regulations 37
56 Regulations 37
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PART 6--AMENDMENTS, SAVINGS AND TRANSITIONALS 39
Division 1--Amendment of Supreme Court Act 1986 39
57 Amendment of definition 39
58 Powers to employ sheriff and deputy sheriffs in Supreme
Court Act 1986 repealed 39
59 Certain office holders to be deputies 39
60 Powers of deputies 40
61 Appointment of bailiffs and assistant bailiffs 40
62 Functions of sheriff 40
63 Sheriff may sell property without auctioneer's licence 41
64 Receipt for warrant 41
65 Duties on receipt of debt to Crown 41
66 Powers of sheriff 41
67 Power to temporarily restrain 41
68 Fees 41
69 Offence to assault an officer or rescue goods 41
70 Offence to fail to assist sheriff 41
71 Regulations 41
Division 2--Amendment of County Court Act 1958 42
72 Appointment of bailiffs and assistant bailiffs of County Court 42
Division 3--Amendment of Magistrates' Court Act 1989 42
73 Requirement to give name and address 42
74 Power to temporarily restrain 43
75 Power to assist police at road checks 43
76 Regulations 43
Division 4--Amendment of Interpretation of Legislation Act 1984 44
77 Definitions 44
Division 5--Savings and transitionals 44
78 Definition 44
79 Saving of office of sheriff 44
80 Saving of office of deputy sheriff 44
81 Savings provision--sheriff's officers 45
82 Transitional provision--deputised persons 45
83 Transitional provision--sheriff's officers who are bailiffs for
purposes of Supreme Court Act 1986 45
84 Transitional provision--sheriff's officers who are bailiffs of the
County Court 45
85 Application of Act to a warrant and other process issued but not
executed before commencement day 46
ENDNOTES 47
561215B.I-7/10/2008 iv BILL LA INTRODUCTION 7/10/2008
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Sheriff Bill 2008
A Bill for an Act to provide a legislative framework for the
appointment of the sheriff, the deputy sheriff and sheriff's officers and
their functions, powers and duties and to amend the Supreme Court
Act 1986, the County Court Act 1958, the Magistrates' Court Act
1989 and the Interpretation of Legislation Act 1984 and for other
purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purpose
The main purpose of this Act is to provide a
legislative framework for the appointment of the
5 sheriff, the deputy sheriff and sheriff's officers and
their functions, powers and duties.
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Part 1--Preliminary
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2 Commencement
(1) Subject to subsection (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
5 operation before 1 January 2010, it comes into
operation on that day.
3 Definitions
In this Act--
appropriately trained justice employee has the
10 meaning given by section 4;
civil proceeding means a proceeding other than a
criminal proceeding;
civil warrant means--
(a) any of the following issued by a court
15 and directed to the sheriff--
(i) a warrant of seizure and sale;
(ii) a warrant of possession;
(iii) a warrant of delivery;
(iv) a warrant to seize property under
20 section 111 of the Magistrates'
Court Act 1989; or
(b) any other warrant issued by a court and
directed to the sheriff relating to the
enforcement of a judgment or order of
25 the court in a civil proceeding;
court and enforcement legislation means--
(a) this Act;
(b) the Supreme Court Act 1986;
(c) the County Court Act 1958;
30 (d) the Magistrates' Court Act 1989;
(e) the Infringements Act 2006;
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(f) the Crimes Act 1958;
(g) the Sentencing Act 1991;
(h) any other prescribed Act;
(i) regulations made under this Act, an Act
5 referred to in paragraphs (b) to (g) or a
prescribed Act under paragraph (h);
(j) a rule of court;
criminal proceeding means--
(a) a prosecution for an offence; or
10 (b) a proceeding that is related to or
associated with a prosecution for an
offence--
but does not include--
(c) a claim for compensation; or
15 (d) a proceeding under the Confiscation
Act 1997;
criminal warrant means--
(a) a warrant to arrest issued by the
Supreme Court or County Court and
20 directed to the sheriff;
(b) any of the following warrants issued
under the Magistrates' Court Act
1989 and directed to the sheriff--
(i) a warrant to arrest under
25 section 61 of that Act;
(ii) a warrant to imprison under
section 68 of that Act;
(iii) a warrant to seize property under
section 73 of that Act;
30 (c) a warrant to arrest issued under
section 62 of the Sentencing Act 1991
and directed to the sheriff;
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Part 1--Preliminary
s. 3
(d) an infringement warrant directed to the
sheriff;
(e) any other warrant relating to a criminal
proceeding issued by a court and
5 directed to the sheriff;
delegated enforcement function or power means
a function, power or duty of the sheriff
specified in an instrument of delegation
under section 9(1);
10 deputised person means a person appointed under
section 8;
deputy sheriff means the person employed under
section 10;
enforcement function or power means a function,
15 power or duty referred to in section 7(1)
or (2)(a);
enforcement order has the same meaning as in the
Infringements Act 2006;
enforcement order notice has the same meaning
20 as in the Infringements Act 2006;
infringement warrant has the same meaning as in
the Infringements Act 2006;
money warrant means--
(a) a civil warrant (other than a warrant of
25 possession) directed to the sheriff; or
(b) an infringement warrant directed to the
sheriff; or
(c) a warrant to imprison issued under
section 68(b) of the Magistrates'
30 Court Act 1989 directed to the sheriff;
or
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Part 1--Preliminary
s. 3
(d) a warrant to arrest issued under
section 62 of the Sentencing Act 1991
directed to the sheriff; or
(e) a warrant to seize property issued under
5 section 73 of the Magistrates' Court
Act 1989 directed to the sheriff;
motor vehicle has the same meaning as in the
Road Safety Act 1986;
payable amount means the amount specified in a
10 money warrant as being required to be paid
by the person named or described in the
money warrant;
police gaol has the same meaning as in the
Corrections Act 1986;
15 premises include--
(a) land;
(b) any structure, building or place
(whether built on or not), and any part
of such structure, building or place;
20 prison has the same meaning as in the
Corrections Act 1986;
proceeding means a proceeding in a court and
includes an interlocutory or similar
proceeding;
25 property includes real property, personal property
and money;
recoverable property means property specified in
a warrant that may be lawfully seized under
the warrant;
30 Secretary means Secretary to the Department of
Justice;
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seven day demand means--
(a) a demand referred to in section 62(7) of
the Sentencing Act 1991; or
(b) a seven-day notice within the meaning
5 of the Infringements Act 2006;
sheriff means the person employed under
section 6;
sheriff's officer means a person employed under
section 11;
10 warrant means a criminal warrant or a civil
warrant;
warrant costs means the costs and expenses of the
sheriff described in section 32.
4 Meaning of appropriately trained justice employee
15 An appropriately trained justice employee is a
person employed in the Department of Justice
under Part 3 of the Public Administration Act
2004 who the sheriff considers has the necessary
competence, training or experience to perform or
20 exercise a delegated enforcement function or
power.
5 Crown to be bound
This Act binds the Crown, not only in right of
Victoria, but also, so far as the legislative power
25 of the Parliament permits, the Crown in all of its
other capacities.
__________________
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Part 2--The Sheriff, the Deputy Sheriff and Sheriff's Officers
s. 6
PART 2--THE SHERIFF, THE DEPUTY SHERIFF AND
SHERIFF'S OFFICERS
Division 1--The sheriff
6 The sheriff
5 There is to be employed under Part 3 of the
Public Administration Act 2004 a sheriff--
(a) for the purposes of court and enforcement
legislation; and
(b) to assist in the administration of justice in
10 Victoria.
7 Functions, powers and duties of the sheriff
(1) The sheriff has the functions and powers
conferred, and duties imposed, on the sheriff by--
(a) court and enforcement legislation; or
15 (b) a warrant.
(2) In addition, the sheriff--
(a) has all the functions, powers and duties at
law that the sheriff employed under
section 106(a) of the Supreme Court Act
20 1986 had immediately before the
commencement of section 58(1) that are not
inconsistent with a function, power or duty
referred to in subsection (1); and
(b) may perform any other function or duty, or
25 exercise any other power, that he or she is
authorised to perform or exercise under any
other law.
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Part 2--The Sheriff, the Deputy Sheriff and Sheriff's Officers
s. 8
8 Sheriff may appoint certain Department of Justice
employees as deputised persons
(1) The sheriff, by instrument, may appoint as a
deputised person any of the following persons
5 employed in the Department of Justice under
Part 3 of the Public Administration Act 2004--
(a) a person employed as an executive employee
(within the meaning of that Act);
(b) a person employed as a non-executive
10 employee (within the meaning of that Act) at
a level of Grade 5, Grade 6 or Senior
Technical Specialist.
(2) The sheriff may only appoint a person as a
deputised person under subsection (1) who the
15 sheriff considers has the necessary competence,
training or experience to perform or exercise a
delegated enforcement function or power.
(3) A deputised person has the functions and powers
conferred on him or her, and duties imposed on
20 him or her, under an instrument of delegation
under section 9(1).
(4) In addition, the deputised person may perform any
other function or duty, or exercise any other
power, that he or she is authorised to perform or
25 exercise under any other law.
9 Delegation of sheriff's enforcement functions and
powers
(1) Subject to this section, the sheriff, by instrument,
may delegate a function or power conferred, or
30 duty imposed, on the sheriff by court and
enforcement legislation (other than this power of
delegation) or a warrant to--
(a) a deputised person; or
(b) a sheriff's officer or class of sheriff's officer;
35 or
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Part 2--The Sheriff, the Deputy Sheriff and Sheriff's Officers
s. 10
(c) an appropriately trained justice employee or
class of appropriately trained justice
employees.
(2) An instrument under subsection (1)--
5 (a) must state the name of the person or describe
the class of person to whom the sheriff's
functions, powers or duties under court and
enforcement legislation or a warrant are
delegated; and
10 (b) must specify the function, power or duty that
is being delegated; and
(c) may include a condition or limitation; and
(d) may include an expiry date.
(3) As soon as practicable after making an instrument
15 under subsection (1), the sheriff must notify, in
writing, the person or the persons belonging to the
class of person to whom that instrument applies.
Division 2--The deputy sheriff
10 The deputy sheriff
20 (1) There is to be employed under Part 3 of the
Public Administration Act 2004 a deputy sheriff.
(2) Subject to the direction of the sheriff, the deputy
sheriff may exercise or perform an enforcement
function or power of the sheriff (other than a
25 function or power under section 9).
(3) In addition, the deputy sheriff may perform any
other function or duty, or exercise any other
power, that he or she is authorised to perform or
exercise under any other law.
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Division 3--Sheriff's officers
11 Sheriff's officers
(1) There are to be employed under Part 3 of the
Public Administration Act 2004 sheriff's officers
5 to assist the sheriff--
(a) in performing his or her functions and duties;
and
(b) in exercising his or her powers.
(2) A sheriff's officer has the functions and powers
10 conferred on him or her, and duties imposed on
him or her, under an instrument of delegation
under section 9(1).
(3) Subsection (2) does not limit the functions and
powers that may be conferred, or the duties that
15 may be imposed, on a sheriff's officer under
another law.
12 Appointment of sheriff's officers as bailiffs
(1) The sheriff, by instrument, may appoint a sheriff's
officer as a bailiff for the purposes of the
20 Supreme Court Act 1986 or County Court Act
1958.
(2) The sheriff may only appoint a sheriff's officer
under subsection (1) who the sheriff considers has
the necessary competence, training or experience
25 to be a bailiff.
(3) An appointment under subsection (1) is for the
term, and subject to the conditions, specified in
the instrument of appointment.
__________________
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Part 3--The Sheriff's Enforcement Functions and Powers
s. 13
PART 3--THE SHERIFF'S ENFORCEMENT FUNCTIONS
AND POWERS
Division 1--Execution of warrants and other processes
13 Execution and return of warrants and other
5 processes
(1) The sheriff must execute and return all warrants
and other process directed to the sheriff as soon as
practicable after receiving the warrant or other
process.
10 (2) When executing a warrant or other process, the
sheriff may only perform or exercise enforcement
functions and powers that are reasonably
necessary to execute the warrant or other process.
14 Execution of warrants that are in electronic form
15 (1) For the purposes of court and enforcement
legislation, the sheriff may execute a warrant that
is not in paper form if--
(a) the sheriff, before executing the warrant,
verifies, by electronic means, that the
20 warrant has been received by the sheriff; and
(b) the sheriff, before executing the warrant,
gives to the person named or described in the
warrant, specified warrant details; and
(c) where a seven day demand relating to the
25 warrant has been served on the person named
or described in the warrant--
(i) the period specified in the demand has
expired; or
(ii) the person named or described in the
30 warrant has agreed to waive the
operation of that period; and
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(d) the sheriff, at the same time as executing the
warrant, gives the person named or described
in the warrant a copy of the warrant powers
summary.
5 (2) In this section--
electronic means means accessing a database on
which details of warrants received by the
sheriff are stored;
specified warrant details, in relation to a warrant,
10 means--
(a) the name of the person named or
described in the warrant; and
(b) the address appearing on the warrant of
the person named or described in the
15 warrant; and
(c) the date on which the warrant was
issued; and
(d) any other prescribed details;
warrant powers summary means--
20 (a) a description of the type of warrant; and
(b) the provision of the court and
enforcement legislation (if relevant)
under which the warrant was issued;
and
25 (c) a summary of the sheriff's powers in
relation to the warrant.
Division 2--Power to arrest
15 General power to arrest persons
The sheriff may arrest--
30 (a) a person named or described in a criminal
warrant that authorises that person's arrest;
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(b) a person as provided by the relevant court
and enforcement legislation.
Division 3--Power to restrain
16 Power to temporarily restrain person hindering
5 execution of warrant
(1) The sheriff may restrain a person who is hindering
the execution of a warrant.
(2) A person restrained under this section must be
released as soon as the activity that the person was
10 hindering has been completed.
(3) Nothing in this section affects the operation of
section 47 or 48 or the powers of the Supreme
Court in relation to contempt.
Division 4--Powers to enter and search
15 17 Power to enter premises for the purpose of serving
seven day demand
(1) This section applies if the sheriff reasonably
believes that a person named or described in a
warrant, in respect of which a seven day demand
20 is required to be given, is at particular premises.
(2) Subject to section 21(2), the sheriff may enter the
premises, in accordance with the relevant court
and enforcement legislation, for the purpose of
serving the person with the seven day demand.
25 18 Power to enter and search premises in order to
arrest person
(1) This section applies if the sheriff suspects that a
person named or described in a criminal warrant
that authorises the arrest of that person is at
30 particular premises.
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(2) In the execution of a warrant that authorises the
arrest of the person, the sheriff may, in accordance
with the relevant court and enforcement
legislation--
5 (a) break and enter the premises at which the
person is suspected to be for the purpose of
searching for that person; and
(b) after entering those premises, search for that
person in the premises for the purpose of
10 arresting the person.
19 Power to enter and search premises for recoverable
property
Subject to this Division, in the execution of a
warrant that authorises the seizure of property the
15 sheriff may, in accordance with the relevant court
and enforcement legislation--
(a) enter for the purpose of searching for and
seizing recoverable property--
(i) premises occupied by the person named
20 or described in the warrant; or
(ii) premises at which the sheriff
reasonably suspects there is property of
the person named or described in the
warrant that is recoverable property;
25 and
(b) after entering the premises, search for
recoverable property for the purpose of
seizing it.
20 Power to enter and take possession of real property
30 In the execution of a warrant of possession, the
sheriff may, in accordance with the warrant, enter
premises owned by the person named or described
in the warrant for the purpose of taking possession
of those premises.
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21 Use of reasonable force and assistance to enter
premises
(1) Subject to section 22, the sheriff may use any
force and assistance that is reasonably necessary
5 to enter premises for the purpose of exercising a
power under--
(a) court and enforcement legislation; or
(b) a warrant.
(2) The sheriff must not use any force to enter
10 premises for the purpose of serving a seven day
demand.
22 Requirements in relation to entry to premises to
execute civil warrants
(1) This section applies if the sheriff intends to enter
15 premises for the purpose of executing a civil
warrant, other than a warrant of possession.
(2) The sheriff may enter the premises only if he or
she believes on reasonable grounds that there is or
may be at the premises personal property of the
20 person named or described in the warrant that is
recoverable property.
(3) The sheriff must request the owner or occupier of
the premises for consent to enter the premises.
(4) The sheriff may use force and assistance to enter
25 the premises if--
(a) the owner or occupier of the premises
unreasonably withholds his or her consent;
or
(b) the sheriff, after reasonable attempts to do
30 so, cannot contact the owner or occupier of
the premises; or
(c) the sheriff reasonably believes that the owner
or occupier of the premises is avoiding being
contacted by the sheriff.
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(5) If the sheriff decides to use force and assistance as
provided under this Division to enter premises that
are residential premises, he or she must only use
that force and assistance between the hours of
5 9 a.m. and 5 p.m.
Division 5--Powers to seize, sell and deal with property
23 Sheriff may seize recoverable property
The sheriff may seize or take possession of
recoverable property in accordance with the
10 relevant court and enforcement legislation or a
warrant that authorises the seizure of property,
regardless of who has possession of the
recoverable property.
24 Sheriff may sell or otherwise deal with seized
15 property
Subject to this Act, the sheriff may--
(a) sell property seized in accordance with the
relevant court and enforcement legislation,
or a warrant that authorises the seizure of
20 property, for the purpose of applying the
proceeds of the sale to the payment of a
payable amount; or
(b) deal with property seized in accordance with
a warrant that authorises the seizure of
25 property.
25 Buyer of property sold by sheriff acquires good title
(1) A person who buys property sold by the sheriff
under this Division acquires good title to the
property if the person buys the property--
30 (a) in good faith; and
(b) without notice of any defect or want of title.
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(2) The sheriff is not liable in respect of the sale of
property under this Division unless it is proved
that the sheriff had notice, or might, by making
reasonable enquiry, have ascertained, that the
5 property was not the property of the person named
or described in the warrant under which that
property was seized.
(3) Nothing in this section limits or affects any right
or remedy that the previous owner of property
10 sold under this Division has or may seek
otherwise than--
(a) against the property sold; or
(b) against the sheriff in the exercise of a power
of sale under this Division.
15 Division 6--Powers to demand and receive payment
26 Sheriff may collect enforcement order payments
(1) This section applies if--
(a) the sheriff is about to execute a money
warrant against a person; and
20 (b) an enforcement order has been made against
that person and an enforcement order notice
in respect of the enforcement order has been
sent to that person.
(2) Before executing the money warrant, the sheriff
25 must inform the person that the person may make
a payment in accordance with the enforcement
order to the sheriff, if the person wishes to do so.
27 Sheriff may demand and receive payment in
relation to money warrants
30 (1) The sheriff, in the execution of a money warrant,
may demand from a person named or described in
the money warrant the payment of the payable
amount.
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(2) Subject to this section, the sheriff may receive
money as payment of the payable amount or a part
of the payable amount from--
(a) the person named or described in the money
5 warrant; or
(b) another person who is present at, or resides
at, the premises that the sheriff has entered to
execute the money warrant (a third party).
(3) The sheriff may receive the whole of the payable
10 amount, or a part of the payable amount, in the
case of--
(a) an infringement warrant; or
(b) a civil warrant.
(4) The sheriff may only receive the whole of the
15 payable amount in the case of--
(a) a warrant to imprison issued under
section 68(b) of the Magistrates' Court Act
1989; or
(b) a warrant to seize property issued under
20 section 73 of of the Magistrates' Court Act
1989; or
(c) a warrant to arrest issued under section 62 of
the Sentencing Act 1991; or
(d) a warrant of delivery.
25 (5) The sheriff may receive payment of the payable
amount, or a part of the payable amount, under a
money warrant that is a criminal warrant from a
third party unless the person named or described
in the warrant informs the sheriff that he or she
30 does not consent to the making of the payment by
the third party.
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(6) The sheriff must not receive payment of the
payable amount, or a part of the payable amount,
under a money warrant that is a civil warrant from
a third party unless the person named or described
5 in the warrant informs the sheriff that he or she
consents to the making of the payment by the third
party.
(7) In order to assist a third party to pay the payable
amount or a part of the payable amount, the
10 sheriff may inform the third party of the payable
amount.
(8) The sheriff must not give a third party any other
information about a money warrant.
(9) As soon as practicable after receiving a payment
15 from a third party under this section, the sheriff
must serve on the person named or described in
the money warrant a notice that--
(a) specifies--
(i) the name of the third party; and
20 (ii) the date of the payment; and
(iii) the amount paid; and
(b) states that the person may apply, within
28 days after service of the notice, to the
court that issued the money warrant for a
25 reinstatement of the warrant under
section 28.
28 Reinstatement of certain money warrants after
whole of payable amount has been paid by third
party
30 (1) In this section--
executed money warrant means a money warrant
that is a criminal warrant in respect of which
the sheriff has received the whole of the
payable amount from a third party in the
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Part 3--The Sheriff's Enforcement Functions and Powers
s. 29
absence of the person named or described in
the warrant;
third party has the meaning given by section 27.
(2) The court that issued an executed money warrant
5 may, on the application of a person named or
described in the executed money warrant, reinstate
that warrant as a money warrant.
(3) A person may make an application under this
section within 28 days after being served with a
10 notice under section 27(9).
(4) If the court reinstates an executed money warrant
as a money warrant, the amount paid by the third
party must be refunded to the third party and--
(a) if the amount has been paid into the
15 Consolidated Fund, the Consolidated Fund
is, to the necessary extent, appropriated
accordingly; or
(b) if the amount has been paid into another fund
or account, the amount is to be refunded
20 from that fund or account.
(5) An executed money warrant may only be
reinstated once under this section.
Division 7--Power to request name and address
29 Power to request name and address for purpose of
25 executing warrant
(1) This section applies if the sheriff believes on
reasonable grounds that a person may be the
person named or described in a warrant to be
executed by the sheriff.
30 (2) The sheriff may request the person to state his or
her name and ordinary place of residence or
business.
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Part 3--The Sheriff's Enforcement Functions and Powers
s. 29
(3) In making the request under subsection (2), the
sheriff must inform the person of the grounds for
his or her belief in relation to the person's identity.
(4) A person, in response to a request under
5 subsection (2), must not--
(a) without a reasonable excuse, refuse or fail to
comply with the request; or
(b) state a name that is false in a material
particular; or
10 (c) state an address other than the full and
correct address of his or her ordinary place
of residence or business.
Penalty: 5 penalty units.
(5) A person who is requested under subsection (2) to
15 state his or her name and address may request the
sheriff to state, orally or in writing, his or her
name, position and place of business.
Note
The sheriff may delegate his or her duty under
20 subsection (5) to a sheriff's officer: see section 9(1).
(6) The sheriff, in response to a request under
subsection (5), must not--
(a) without a reasonable excuse, refuse or fail to
comply with the request; or
25 (b) state a name or position that is false in a
material particular; or
(c) state an address other than the full and
correct address of his or her ordinary place
of business.
30 Penalty: 5 penalty units.
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Part 3--The Sheriff's Enforcement Functions and Powers
s. 30
(7) If a person states a name and address in response
to a request made under subsection (2) and the
sheriff suspects on reasonable grounds that the
stated name or address may be false, the sheriff
5 may request the person to produce evidence of his
or her name and address.
(8) A person must not, without reasonable excuse,
refuse or fail to comply with a request under
subsection (7).
10 Penalty: 5 penalty units.
(9) It is not an offence for a person to fail to comply
with a request made under subsection (2) or (7) if
the sheriff did not inform the person, at the time
the request was made, that it is an offence to
15 refuse or fail to comply with the request.
Division 8--Performance and exercise of enforcement
functions and powers at police road checks
30 Performance and exercise of enforcement functions
and powers at police road checks
20 (1) This section applies if--
(a) a member of the police force exercises a
power conferred (whether expressly or by
implication) by the Road Safety Act 1986
and requests or signals the driver of a motor
25 vehicle to stop the vehicle; and
(b) the sheriff is at the place where the vehicle
stops.
(2) In order to enable the sheriff to determine whether
the driver, or any person accompanying the driver,
30 is named or described in a warrant, the sheriff
may direct the driver of the vehicle--
(a) to keep the vehicle stationary; or
(b) to drive the vehicle to a designated spot; or
561215B.I-7/10/2008 22 BILL LA INTRODUCTION 7/10/2008
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Part 3--The Sheriff's Enforcement Functions and Powers
s. 31
(c) to produce his or her driver licence document
or permit document; or
(d) to comply with any other reasonable
direction of the sheriff.
5 (3) A person who is given a direction under
subsection (2) must not, without reasonable
excuse, refuse or fail to comply with the direction.
Penalty: 5 penalty units.
Division 9--Other enforcement powers
10 31 Power to direct a person to do something
(1) For the purpose of executing a warrant or other
process, the sheriff may direct either of the
following to do something--
(a) the person named or described in the warrant
15 or other process;
(b) a person the sheriff considers is resisting or
hindering the execution of the warrant or
other process.
(2) A direction under subsection (1) must be
20 reasonable.
(3) A person must not, without reasonable excuse,
refuse or fail to comply with a direction under
subsection (1).
Penalty: 5 penalty units.
25 Division 10--Costs of execution of warrants
32 Sheriff may recover reasonable costs of enforcement
and execution
(1) The sheriff may recover all costs and expenses
that the sheriff incurs in executing a warrant that
30 are reasonable.
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Part 3--The Sheriff's Enforcement Functions and Powers
s. 33
(2) Costs and expenses referred to in subsection (1)
include costs and expenses incurred in engaging
an agent to sell property seized under a lawfully
executed warrant.
5 (3) Despite anything to the contrary in this Act,
another Act or at law, costs and expenses referred
to in subsection (1) may be recovered by the
sheriff before--
(a) the proceeds arising from the sale of any
10 property seized under a lawfully executed
warrant are applied to the payment of a
payable amount; or
(b) money received for the payment of a payable
amount under a lawfully executed warrant is
15 applied to the payment of a payable amount.
Division 11--Miscellaneous matters
33 Sheriff's duties on receipt of money to satisfy debt
or on seizing property
(1) This section applies if the sheriff--
20 (a) in accordance with Division 5, seizes
recoverable property; or
(b) in accordance with Division 6, receives an
amount of money from a person.
(2) The sheriff, without delay, must give a receipt to,
25 as the case requires--
(a) the person who was in possession of the
property seized;
(b) the person who--
(i) made a payment in respect of an
30 enforcement order in accordance with
section 26; or
561215B.I-7/10/2008 24 BILL LA INTRODUCTION 7/10/2008
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Part 3--The Sheriff's Enforcement Functions and Powers
s. 33
(ii) paid an amount or part of an amount
stated in a money warrant under
section 27.
(3) In addition, the sheriff, without delay, must take
5 all necessary steps to obtain in respect of that
amount the effectual discharge of the debt owed
by the person named or described in the money
warrant.
(4) If the sheriff does not comply with this section,
10 the sheriff is liable to pay any damage incurred
by, as the case requires, the person against whom
the enforcement order was made or the person
named or described in the warrant in consequence
of the non-compliance.
__________________
561215B.I-7/10/2008 25 BILL LA INTRODUCTION 7/10/2008
Sheriff Bill 2008
Part 4--Execution of Multiple Warrants
s. 34
PART 4--EXECUTION OF MULTIPLE WARRANTS
Division 1--Execution of more than one warrant at the same
time
34 Definitions
5 In this Division--
community-based order has the same meaning as
in the Sentencing Act 1991;
instalment order has the same meaning as in the
Sentencing Act 1991;
10 time to pay order means an order of a court under
section 54 of the Sentencing Act 1991.
35 All warrants in a multiple warrant situation must be
executed at the same time
Subject to this Division, if the sheriff has more
15 than one warrant to execute against the same
person, the sheriff, in accordance with the relevant
court and enforcement legislation, must execute
all of the warrants at the same time.
36 Execution of warrants with related seven day
20 demands
(1) This section applies if--
(a) the sheriff has more than one warrant to
execute against the same person; and
(b) at least 2 of the warrants require that a seven
25 day demand be given to that person; and
(c) the period in respect of at least one of the
seven day demands has expired.
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Part 4--Execution of Multiple Warrants
s. 37
(2) The sheriff, in accordance with the relevant court
and enforcement legislation, may execute all of
the warrants at the same time if the person
consents, in writing, to waive the operation of the
5 unexpired periods of the other seven day
demands.
37 Execution of warrant of seizure and sale or to seize
property and warrant to imprison
(1) This section applies if the sheriff has to execute
10 against the same person--
(a) a warrant of seizure and sale or a warrant to
seize property issued under section 111 of
the Magistrates' Court Act 1989 (a
property seizure warrant); and
15 (b) a warrant to imprison.
(2) The sheriff, in accordance with the relevant court
and enforcement legislation, must execute the
property seizure warrant before executing the
warrant to imprison.
20 38 Execution of warrant to imprison and infringement
warrant
(1) This section applies if the sheriff has to execute
against the same person a warrant to imprison and
an infringement warrant.
25 (2) The sheriff, in accordance with the relevant court
and enforcement legislation--
(a) must execute the warrant to imprison; and
(b) must not execute the infringement warrant
unless the person is--
30 (i) in a police gaol in the legal custody of
the Chief Commissioner of Police; or
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Part 4--Execution of Multiple Warrants
s. 39
(ii) in a prison in the legal custody of the
Secretary.
Note
Division 2 of Part 12 of the Infringements Act 2006 applies to the
5 person against whom the sheriff executes an infringement warrant
referred to in this section.
39 Execution of warrant to imprison and warrant to
arrest
(1) This section applies if the sheriff has to execute
10 against the same person a warrant to imprison and
a warrant to arrest.
(2) The sheriff, in accordance with the relevant court
and enforcement legislation--
(a) must execute the warrant to imprison; and
15 (b) must not execute the warrant to arrest--
(i) unless the person is released from the
legal custody of the Chief
Commissioner of Police or the
Secretary (as the case requires); and
20 (ii) unless--
(A) the period under a seven day
demand relating to the warrant to
arrest and served on the person
has expired and a liability
25 discharge event has not occurred;
or
(B) the operation of the period under
that seven day demand has been
waived by the person.
30 (3) In this section--
liability discharge event means--
(a) the person has paid the fine or
instalment under an instalment order to
which the warrant to arrest relates, or
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Part 4--Execution of Multiple Warrants
s. 40
any part of the fine or instalment,
together with all warrant costs; or
(b) the person has obtained an instalment
order or time to pay order; or
5 (c) the person has consented to the making
of a community-based order.
40 Execution of warrant to imprison, warrant to arrest
and infringement warrant
(1) This section applies if the sheriff has the
10 following warrants to execute against the same
person--
(a) a warrant to imprison;
(b) a warrant to arrest;
(c) an infringement warrant.
15 (2) The sheriff, in accordance with the relevant court
and enforcement legislation--
(a) must execute the warrant to imprison; and
(b) must not execute the infringement warrant
unless the person is--
20 (i) in a police gaol in the legal custody of
the Chief Commissioner of Police; or
(ii) in a prison in the legal custody of the
Secretary; and
(c) must not execute the warrant to arrest--
25 (i) unless the person is released from the
legal custody of the Chief
Commissioner of Police or the
Secretary (as the case requires); and
(ii) unless--
30 (A) the period under a seven day
demand relating to the warrant to
arrest and served on the person
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Part 4--Execution of Multiple Warrants
s. 41
has expired and a liability
discharge event has not occurred;
or
(B) the operation of the period under
5 that seven day demand has been
waived by the person.
(3) In this section--
liability discharge event means--
(a) the person has paid the fine or
10 instalment under an instalment order to
which the warrant to arrest relates, or
any part of the fine or instalment,
together with all warrant costs; or
(b) the person has obtained an instalment
15 order or time to pay order; or
(c) the person has consented to the making
of a community-based order.
Division 2--Application of proceeds from executed money
warrants
20 41 Division does not affect the operation of Part 7 or
Part 11 of the Infringements Act 2006
This Division does not affect the operation of
Part 7 or Part 11 of the Infringements Act 2006.
42 Definitions
25 In this Division--
apply, in relation to combined proceeds, means to
pay to the person entitled, or required, to be
paid under a money warrant;
combined proceeds means--
30 (a) proceeds from the sale of property
seized by the sheriff under money
warrants executed at the same time;
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Part 4--Execution of Multiple Warrants
s. 43
(b) money received by the sheriff as
payment of the payable amounts, or
parts of payable amounts, specified in
money warrants executed at the same
5 time.
43 Priority of application of proceeds of executed
warrants
The sheriff must apply combined proceeds for the
payment of payable amounts in the order of
10 priority specified under this Division unless there
has been disentitling conduct in relation to the
money warrant to which a payable amount relates.
Note
See also section 32(3).
15 44 Payable amounts under warrants to imprison to be
applied first
(1) If combined proceeds held by the sheriff include
money received in respect of a payable amount
under a warrant to imprison, the sheriff must
20 apply that money before the sheriff applies any
other money or proceeds from the combined
proceeds.
(2) If combined proceeds held by the sheriff include
money received in respect of payable amounts
25 under more than one warrant to imprison, the
sheriff must apply that money--
(a) before the sheriff applies any other money or
proceeds from the combined proceeds; and
(b) in order of receipt by the sheriff of the
30 warrants to imprison.
(3) Once money from combined proceeds held by the
sheriff as payment of payable amounts under all
warrants to imprison has been applied, the sheriff
must--
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Part 4--Execution of Multiple Warrants
s. 45
(a) first, apply any money received by the
sheriff as payments of payable amounts
under any warrant to arrest or, in accordance
with subsection (4), warrants to arrest; and
5 (b) secondly, apply any remaining combined
proceeds in order of receipt by the sheriff of
the warrants to which those proceeds relate.
(4) If the sheriff has received money in respect of
more than one payable amount under more than
10 one warrant to arrest, the sheriff must apply that
money--
(a) before the sheriff applies any other money or
proceeds from the combined proceeds; and
(b) in order of receipt by the sheriff of the
15 warrants to arrest.
45 How payable amounts under warrants to arrest and
other non-imprisonment warrants are to be applied
(1) This section applies if combined proceeds held by
the sheriff comprise money and proceeds in
20 respect of warrants other than warrants to
imprison.
(2) If combined proceeds held by the sheriff include
money received in respect of a payable amount
under a warrant to arrest, the sheriff must apply
25 that money before the sheriff applies any other
money or proceeds from the combined proceeds.
(3) If combined proceeds held by the sheriff include
money received in respect of payable amounts
under more than one warrant to arrest, the sheriff
30 must apply that money--
(a) before the sheriff applies any other money or
proceeds from the combined proceeds; and
(b) in order of receipt by the sheriff of the
warrants to arrest.
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Part 4--Execution of Multiple Warrants
s. 46
(4) Once money from combined proceeds held by the
sheriff in respect of payable amounts under all
warrants to arrest has been applied, the sheriff
must apply any remaining combined proceeds in
5 order of receipt by the sheriff of the warrants to
which those proceeds relate.
46 How payable amounts under other money warrants
are to be applied
(1) This section applies if combined proceeds held by
10 the sheriff comprise proceeds in respect of
warrants other than warrants to imprison or
warrants to arrest.
(2) The sheriff must apply those combined proceeds
in order of receipt by the sheriff of the warrants to
15 which those proceeds relate.
__________________
561215B.I-7/10/2008 33 BILL LA INTRODUCTION 7/10/2008
Sheriff Bill 2008
Part 5--General
s. 47
PART 5--GENERAL
Division 1--Offences
47 Offence to resist sheriff, deputy sheriff or sheriff's
officer
5 A person must not resist the sheriff, the deputy
sheriff or a sheriff's officer in the execution of a
warrant or other process.
Penalty: 6 months imprisonment.
48 Offence to assault sheriff, deputy sheriff or sheriff's
10 officer
(1) A person must not assault--
(a) the sheriff while the sheriff is performing or
exercising an enforcement function or
power; or
15 (b) the deputy sheriff while the deputy sheriff is
performing or exercising an enforcement
function or power; or
(c) a sheriff's officer while the sheriff's officer is
performing or exercising a delegated
20 enforcement function or power.
Penalty: 6 months imprisonment.
(2) This section does not affect the powers of the
Supreme Court in relation to contempt.
49 Offence to escape from lawful custody of sheriff,
25 deputy sheriff or sheriff's officer
A person must not escape from the lawful custody
of the sheriff, the deputy sheriff or a sheriff's
officer.
Penalty: 6 months imprisonment.
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Part 5--General
s. 50
50 Offence to rescue or attempt to rescue goods
(1) A person must not rescue or attempt to rescue any
property lawfully seized by the sheriff, the deputy
sheriff or a sheriff's officer.
5 Penalty: 6 months imprisonment.
(2) This section does not affect the powers of the
Supreme Court in relation to contempt.
51 Offence to impersonate sheriff, deputy sheriff or
sheriff's officer
10 A person must not impersonate the sheriff, the
deputy sheriff or a sheriff's officer.
Penalty: 6 months imprisonment.
Division 2--Information collection
52 Definitions
15 In this Division--
Council has the same meaning as in the Local
Government Act 1989;
law enforcement agency has the same meaning as
in the Surveillance Devices Act 1999;
20 public sector body has the same meaning as in the
Public Administration Act 2004;
required information, in relation to a person--
(a) in respect of whom a warrant has been
received and is to be executed by the
25 sheriff; or
(b) whose property is the subject of a
warrant received and to be executed by
the sheriff--
means the name and address of the person
30 that is held by a specified agency;
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Part 5--General
s. 53
specified agency means--
(a) a public sector body; or
(b) a Council.
53 Sheriff may request required information from
5 specified agency for purpose of executing warrants
(1) For the purpose of executing a warrant against a
person, the sheriff may request in writing to a
specified agency that it provide to the sheriff
required information in relation to the person.
10 (2) The sheriff may request required information
under subsection (1) only if he or she has made all
reasonable attempts to execute a warrant against
the person without success.
(3) A request under subsection (1) must include only
15 information that is sufficient to enable the
specified agency to identify the person to whom
the request relates.
(4) Without limiting subsection (3), a request under
subsection (1) may include--
20 (a) the name of the person to whom the required
information relates; and
(b) the date of birth of that person; and
(c) the last known address of that person.
(5) A request under subsection (1) must not include
25 information about, or that identifies, a warrant that
has been received by the sheriff.
54 Specified agency must comply unless certain cases
apply
(1) A specified agency must comply with a request
30 under section 53(1) within 14 days after receiving
the request unless--
(a) the specified agency is a law enforcement
agency; or
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Part 5--General
s. 55
(b) the public sector body Head (within the
meaning of the Public Administration Act
2004) of the public sector body or chief
executive officer of the Council, as the case
5 requires, certifies in writing that exceptional
circumstances apply that require the agency
not to provide the sheriff with the required
information.
(2) Despite subsection (1)(a), a law enforcement
10 agency may comply with a request under
section 53(1).
(3) A certificate referred to in subsection (1)(b) must
be given to the sheriff within 14 days after
receiving a request under section 53(1).
15 55 Restriction on sheriff in relation to use of required
information
The sheriff may use required information
provided to him or her under this Division only
for the purpose of executing a warrant against the
20 person to whom the required information relates.
Division 3--Regulations
56 Regulations
(1) The Governor in Council may make regulations
for or with respect to--
25 (a) fees or charges payable in respect of
anything done by the sheriff in or in relation
to the execution of any warrant or other
process, including--
(i) the issue or execution of a warrant or
30 other process; or
(ii) the amendment, alteration or variation
of a warrant or other process; or
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Part 5--General
s. 56
(iii) the supply of a duplicate copy of a
warrant or other process;
(b) generally prescribing any other matter or
thing required or permitted by this Act to be
5 prescribed or necessary to be prescribed to
give effect to the Act.
(2) A power conferred by subsection (1)(a) to make
regulations providing for the imposition of fees or
charges may be exercised by providing for all or
10 any of the following matters--
(a) specific fees or charges;
(b) maximum fees or charges;
(c) minimum fees or charges;
(d) fees or charges that vary according to value
15 or time;
(e) the manner of payment of fees or charges;
(f) the time or times at which fees or charges are
to be paid.
(3) The regulations may--
20 (a) be of general or of limited application;
(b) differ according to differences in time, place
or circumstance;
(c) confer a discretionary authority or impose a
duty on a specified person or a specified
25 class of person.
__________________
561215B.I-7/10/2008 38 BILL LA INTRODUCTION 7/10/2008
Sheriff Bill 2008
Part 6--Amendments, Savings and Transitionals
s. 57
PART 6--AMENDMENTS, SAVINGS AND TRANSITIONALS
Division 1--Amendment of Supreme Court Act 1986
57 Amendment of definition See:
Act No.
110/1986.
In section 3(1) of the Supreme Court Act 1986, Reprint No. 6
5 in paragraph (d) of the definition of court official, as at
28 April 2006
for "any sheriff or" substitute "the sheriff or any". and
amending
Act Nos
48/2006,
24/2007,
8/2008, 9/2008,
23/2008 and
24/2008.
LawToday:
www.
legislation.
vic.gov.au
58 Powers to employ sheriff and deputy sheriffs in
Supreme Court Act 1986 repealed
(1) In section 106(a) of the Supreme Court Act
10 1986, for ", a registrar of probates, a sheriff"
substitute "and a registrar of probates".
(2) In section 106(b) of the Supreme Court Act
1986, for ", assistant registrars of probates and
deputy sheriffs" substitute "and assistant
15 registrars of probates".
59 Certain office holders to be deputies
(1) In section 107(1) of the Supreme Court Act 1986
omit "or a deputy sheriff".
(2) In section 107(2)(b) of the Supreme Court Act
20 1986 omit "or deputy sheriff, as the case
requires".
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Part 6--Amendments, Savings and Transitionals
s. 60
60 Powers of deputies
(1) In section 108(1) of the Supreme Court Act 1986
omit "or deputy sheriff".
(2) In section 108(2) of the Supreme Court Act
5 1986--
(a) omit "or deputy sheriff";
(b) omit "or sheriff";
(c) for "a deputy's" substitute "the deputy's".
61 Appointment of bailiffs and assistant bailiffs
10 (1) For section 109(1) of the Supreme Court Act
1986 substitute--
"(1) The Governor in Council may appoint a
person other than a sheriff's officer to be a
bailiff for the purposes of this Act.
15 Note
In relation to sheriff's officers as bailiffs, see
section 12 of the Sheriff Act 2008.
(1A) A person appointed under subsection (1)
need not be an employee in the public
20 service.".
(2) After section 109(3) of the Supreme Court Act
1986 insert--
"(4) In this section--
sheriff's officer has the same meaning as in
25 the Sheriff Act 2008.".
62 Functions of sheriff
Section 115(1) and section 115(2) of the Supreme
Court Act 1986 are repealed.
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Part 6--Amendments, Savings and Transitionals
s. 63
63 Sheriff may sell property without auctioneer's
licence
Section 116 of the Supreme Court Act 1986 is
repealed.
5 64 Receipt for warrant
Section 117 of the Supreme Court Act 1986 is
repealed.
65 Duties on receipt of debt to Crown
Section 118 of the Supreme Court Act 1986 is
10 repealed.
66 Powers of sheriff
Section 121 of the Supreme Court Act 1986 is
repealed.
67 Power to temporarily restrain
15 Section 121A of the Supreme Court Act 1986 is
repealed.
68 Fees
Section 122 of the Supreme Court Act 1986 is
repealed.
20 69 Offence to assault an officer or rescue goods
Section 124 of the Supreme Court Act 1986 is
repealed.
70 Offence to fail to assist sheriff
Section 126 of the Supreme Court Act 1986 is
25 repealed.
71 Regulations
In section 129(1)(b) of the Supreme Court Act
1986 omit "the sheriff or".
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Part 6--Amendments, Savings and Transitionals
s. 72
Division 2--Amendment of County Court Act 1958
See: 72 Appointment of bailiffs and assistant bailiffs of
Act No.
6230. County Court
Reprint No. 12
as at (1) For section 23(1) of the County Court Act 1958
28 April 2006
5 and
substitute--
amending
Act Nos "(1) The Governor in Council may appoint a
22/2006, person other than a sheriff's officer to be a
50/2006,
24/2007, bailiff of the County Court at any place.
26/2007,
28/2007, Note
8/2008,
10 23/2008,
In relation to sheriff's officers as bailiffs, see
24/2008 and section 12 of the Sheriff Act 2008.
51/2008.
LawToday: (1A) A person appointed under subsection (1)
www. need not be an employee in the public
legislation.
vic.gov.au service.".
15 (2) After section 23(4) of the County Court Act
1958 insert--
"(5) In this section--
sheriff's officer has the same meaning as in
the Sheriff Act 2008.".
20 Division 3--Amendment of Magistrates' Court Act 1989
See: 73 Requirement to give name and address
Act No.
51/1989.
Reprint No. 14
Section 82G of the Magistrates' Court Act 1989
as at is repealed.
21 August
2008 and
amending
Nos 77/2004,
51/2006,
12/2008,
34/2008,
38/20008 and
52/2008.
LawToday:
www.
legislation.
vic.gov.au
561215B.I-7/10/2008 42 BILL LA INTRODUCTION 7/10/2008
Sheriff Bill 2008
Part 6--Amendments, Savings and Transitionals
s. 74
74 Power to temporarily restrain
Section 82H of the Magistrates' Court Act 1989
is repealed.
75 Power to assist police at road checks
5 (1) In section 82I(2) of the Magistrates' Court Act
1989--
(a) omit ", the sheriff";
(b) after "Supreme Court Act 1986" insert
"(other than a bailiff who is a sheriff's
10 officer)".
(2) At the foot of section 82I(2) of the Magistrates'
Court Act 1989 insert--
"Note
See section 30 of the Sheriff Act 2008 for the power of the
15 sheriff, and by delegation, sheriff's officers, at police road
checks.".
76 Regulations
(1) In section 140(1)(a) of the Magistrates' Court
Act 1989 omit "or in respect of the execution by
20 the sheriff of any warrant issued in default of
payment of a fine or of any instalment under an
instalment order".
(2) Section 140(1)(ba) of the Magistrates' Court Act
1989 is repealed.
561215B.I-7/10/2008 43 BILL LA INTRODUCTION 7/10/2008
Sheriff Bill 2008
Part 6--Amendments, Savings and Transitionals
s. 77
Division 4--Amendment of Interpretation of Legislation Act
1984
See: 77 Definitions
Act No.
10096.
Reprint No. 9
In section 38 of the Interpretation of Legislation
5 as at Act 1984 insert the following definition--
6 March 2007
and "sheriff has the same meaning as in the Sheriff
amending
Act No. Act 2008;".
30/2008.
LawToday:
www.
legislation.
vic.gov.au
Division 5--Savings and transitionals
78 Definition
10 In this Division--
commencement day means the day on which
section 6 comes into operation.
79 Saving of office of sheriff
On the commencement day, the person who
15 immediately before that day was employed as the
sheriff in accordance with section 106(a) of the
Supreme Court Act 1986 is to be taken to be
employed as the sheriff under section 6 of this Act
on the same terms and conditions as that person
20 was employed immediately before that day.
80 Saving of office of deputy sheriff
On the commencement day, the person who
immediately before that day was employed as a
deputy sheriff in accordance with section 106(b)
25 of the Supreme Court Act 1986 is to be taken
to be employed as the deputy sheriff under
section 10 of this Act on the same terms and
conditions as that person was employed
immediately before that day.
561215B.I-7/10/2008 44 BILL LA INTRODUCTION 7/10/2008
Sheriff Bill 2008
Part 6--Amendments, Savings and Transitionals
s. 81
81 Savings provision--sheriff's officers
On the commencement day, a person who
immediately before that day was employed under
the Public Administration Act 2004 as a sheriff's
5 officer is to be taken to be employed as a sheriff's
officer under section 11 of this Act on the same
terms and conditions as that person was employed
immediately before that day.
82 Transitional provision--deputised persons
10 On the commencement day, a person who
immediately before that day was declared by an
Order made under section 107 of the Supreme
Court Act 1986 to be a deputy sheriff is to be
taken to be appointed as a deputised person under
15 section 8 of this Act.
83 Transitional provision--sheriff's officers who are
bailiffs for purposes of Supreme Court Act 1986
On the commencement day, a sheriff's officer who
immediately before that day was appointed by an
20 Order made under section 109 of the Supreme
Court Act 1986 to be a bailiff is to be taken to be
appointed as a bailiff under section 12 of this Act.
84 Transitional provision--sheriff's officers who are
bailiffs of the County Court
25 On the commencement day, a sheriff's officer who
immediately before that day was appointed by an
Order made under section 23 of the County
Court Act 1958 to be a bailiff is to be taken to be
appointed as a bailiff under section 12 of this Act.
561215B.I-7/10/2008 45 BILL LA INTRODUCTION 7/10/2008
Sheriff Bill 2008
Part 6--Amendments, Savings and Transitionals
s. 85
85 Application of Act to a warrant and other process
issued but not executed before commencement day
On and after the commencement day, this Act
applies to a warrant or other process that the
5 sheriff has received for execution before that day
but has not yet executed.
561215B.I-7/10/2008 46 BILL LA INTRODUCTION 7/10/2008
Sheriff Bill 2008
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561215B.I-7/10/2008 47 BILL LA INTRODUCTION 7/10/2008
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