SHERIFF ACT 2009

Table of Provisions

PART 1--PRELIMINARY

• 1 Purpose  
• 2 Commencement  
• 3 Definitions  
• 4 Meaning of appropriately trained justice employee  
• 5 Crown to be bound  

PART 2--THE SHERIFF, THE DEPUTY SHERIFF AND SHERIFF'S OFFICERS

Division 1--The sheriff

• 6 The sheriff  
• 7 Functions, powers and duties of the sheriff  
• 8 Sheriff may appoint certain Department of Justice employees as deputised persons  
• 9 Delegation of sheriff's enforcement functions and powers  

Division 2--The deputy sheriff

• 10 The deputy sheriff  

Division 3--Sheriff's officers

• 11 Sheriff's officers  
• 12 Appointment of sheriff's officers as bailiffs  

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 processes  
• 14 Execution of warrants that are in electronic form  

Division 2--Power to arrest

• 15 General power to arrest persons  

Division 3--Power to restrain

• 16 Power to temporarily restrain person hindering execution of warrant or exercising of power under Fines Reform Act 2014  

Division 4--Powers to enter and search

• 17 Power to enter premises for the purpose of serving seven day demand  
• 18 Power to enter and search premises in order to arrest person  
• 19 Power to enter and search premises for recoverable property  
• 20 Power to enter and take possession of real property  
• 21 Use of reasonable force and assistance to enter premises  
• 22 Requirements in relation to entry to premises to execute civil warrants  
• 22A Entry to premises to execute multiple money warrants  

Division 5--Powers to seize, sell anddeal with property

• 23 Sheriff may seize recoverable property  
• 24 Sheriff may sell or otherwise deal with seized property  
• 25 Buyer of property sold by sheriff acquires good title  

Division 6--Powers to demand and receive payment

• 26 Sheriff may collect payments under notices of final demand  
• 27 Sheriff may demand and receive payment in relation to money warrants  
• 28 Reinstatement of certain money warrants after whole or part of payable amount has been paid by third party  

Division 7--Power to request name and address

• 29 Power to request name and address for purpose of executing warrant  

Division 8--Performance and exercise of enforcement functions and powersat police road checks

• 30 Performance and exercise of enforcement functions and powers at police road checks  

Division 9--Other enforcement powers

• 31 Power to direct a person to do something  

Division 10--Costs and expensesof execution of warrants

• 32 Sheriff may recover reasonable costs and expenses of execution  

Division 11--Miscellaneous matters

• 33 Sheriff's duties on receipt of money to satisfy debt or on seizing property  
• 33A How unsold property to be handled  

PART 4--EXECUTION OF MULTIPLE WARRANTS

Division 1--Execution of more than one warrant at the same time

• 34 Definitions  
• 35 All warrants in a multiple warrant situation must be executed at the same time  
• 36 Execution of warrants with related seven day demands  
• 37 Execution of warrant of seizure and sale or to seize property and warrant to imprison  
• 38 Execution of warrant to imprison and enforcement warrant  
• 39 Execution of warrant to imprison and warrant to arrest  
• 40 Execution of warrant to imprison, warrant to arrest and enforcement warrant  

Division 2--Application of proceeds from executed money warrants

• 41 Division does not affect the operation of Part 9 or Part 11 of the Fines Reform Act 2014  
• 42 Definitions  
• 43 Priority of application of proceeds of executed warrants  
• 44 Payable amounts under warrants to imprison to be applied first  
• 45 How payable amounts under warrants to arrest and other non-imprisonment warrants are to be applied  
• 46 How payable amounts under other money warrants are to be applied  

PART 5--GENERAL

Division 1--Offences

• 47 Offence to resist sheriff, deputy sheriff, sheriff's officer or justice employee  
• 48 Offence to assault sheriff, deputy sheriff, sheriff's officer or justice employee  
• 49 Offence to escape from lawful custody of sheriff, deputy sheriff, sheriff's officer or justice employee  
• 50 Offence to rescue or attempt to rescue goods  
• 51 Offence to impersonate sheriff, deputy sheriff, sheriff's officer or justice employee  

Division 2--Information collection

• 52 Definitions  
• 53 Sheriff may request required information from specified agency for purpose of executing warrants  
• 54 Specified agency must comply unless certain cases apply  
• 55 Restriction on sheriff in relation to use of required information  
• 55A Access to and use of information held by credit reporting bodies  

Division 2A--Service of foreign, interstate and Commonwealth judicial documents

• 55B Service of certain judicial documents  

Division 3--Regulations

• 56 Regulations  

PART 6--AMENDMENTS, SAVINGS AND TRANSITIONALS

Division 5--Savings and transitionals

• 78 Definition  
• 79 Saving of office of sheriff  
• 80 Saving of office of deputy sheriff  
• 81 Savings provision—sheriff's officers  
• 82 Transitional provision—deputised persons  
• 83 Transitional provision—sheriff's officers who are bailiffs for purposes of Supreme Court Act 1986  
• 84 Transitional provision—sheriff's officers who are bailiffs of the County Court  
• 85 Application of Act to a warrant and other process issued but not executed before commencement day  
ENDNOTES