MAGISTRATES' COURT ACT 1989 - SECT 73 Warrant to seize property
MAGISTRATES' COURT ACT 1989 - SECT 73
Warrant to seize property(1) A warrant to seize property may be issued—
S. 73(1)(a) amended by No. 68/2009 s. 97(Sch. item 82.35).
(a) if the accused in a criminal proceeding in the Court fails to comply with an order for the payment of a fine or of any instalment under an instalment order; or
(b) as authorised by any other Act.
(2) A warrant to seize property may be directed to—
S. 73(2)(a) amended by No. 37/2014 s. 10(Sch. item 101.5(a)(i)).
(a) a named police officer; or
S. 73(2)(b) amended by No. 37/2014 s. 10(Sch. item 101.5(a)(ii)).
(b) generally all police officers; or
S. 73(2)(ba) inserted by No. 34/1990 s. 4(Sch. 3 item 7).
(ba) the sheriff; or
(c) any other person authorised by law to execute a warrant to seize property.
S. 73(3) amended by No. 37/2014 s. 10(Sch. item 101.5(b)).
(3) A warrant to seize property directed to a named police officer may be executed by any police officer.
S. 73(3AA) inserted by No. 69/1997 s. 28(2).
(3AA) A warrant to seize property under subsection (1)(a) or section 98(7)(b) to be directed to the sheriff (other than a warrant referred to in subsection (3A)) may be issued, not in paper form, but by a magistrate or registrar signing a document containing the following particulars in relation to persons against whom a warrant is to be issued under subsection (1)(a) or section 98(7)(b) and causing those particulars to be transferred electronically to the sheriff in accordance with the regulations, if any:
(a) the name of the person in default;
(b) the type of warrant;
(c) the amount of the fine or instalment remaining unpaid;
(d) the date of issue of the warrant;
(e) the name of the magistrate or registrar signing the document;
(f) any other particulars that are prescribed.
S. 73(3AB) inserted by No. 69/1997 s. 28(2).
(3AB) A warrant issued in accordance with subsection (3AA)—
(a) directs and authorises the sheriff to do all things that he or she would have been directed and authorised to do if a warrant containing the particulars referred to in subsection (3AA) and directed to the sheriff had been issued in paper form under subsection (1)(a) or section 98(7)(b) by the magistrate or registrar;
(b) must not be amended, altered or varied after its issue, unless the amendment, alteration or variation is authorised by or under this or any other Act.
S. 73(3A)(3B) inserted by No. 70/1996 s. 6, repealed by No. 12/2006 s. 169(e).
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S. 73(4) inserted by No. 34/1990 s. 4(Sch. 3 item 8).
(4) Subsections (4) to (7) of section 111 apply to a warrant to seize property directed to the sheriff under this Subdivision in the same manner as they apply to a warrant to seize property directed to the sheriff in a civil proceeding.