SHERIFF ACT 2009

Victorian Consolidated Legislation

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SHERIFF ACT 2009

No. 9 of 2006
Version as at 1 October 2009

TABLE OF PROVISIONS

Section Page

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

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

Division 5-Powers to seize, sell and deal 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 enforcement order payments
27. Sheriff may demand and receive payment in relation to
money warrants
28. Reinstatement of certain money warrants after whole 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 powers at 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 of execution of warrants

32. Sheriff may recover reasonable costs of enforcement and execution

Division 11-Miscellaneous matters

33. Sheriff's duties on receipt of money to satisfy debt or on
seizing property

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 infringement warrant
39. Execution of warrant to imprison and warrant to arrest
40. Execution of warrant to imprison, warrant to arrest and infringement warrant

Division 2-Application of proceeds from executed money warrants

41. Division does not affect the operation of Part 7 or Part 11 of
the Infringements Act 2006.
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 or sheriff's officer
48. Offence to assault sheriff, deputy sheriff or sheriff's officer
49. Offence to escape from lawful custody of sheriff, deputy
sheriff or sheriff's officer
50. Offence to rescue or attempt to rescue goods
51. Offence to impersonate sheriff, deputy sheriff or sheriff's
officer

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

Division 3-Regulations

56. Regulations

PART 6-AMENDMENTS, SAVINGS AND TRANSITIONALS

Division 1-Amendment of Supreme Court Act 1986.

57. Amendment of definition
58. Powers to employ sheriff and deputy sheriffs in Supreme
Court Act 1986 repealed
59. Certain office holders to be deputies
60. Powers of deputies
61. Appointment of bailiffs and assistant bailiffs
62. Functions of sheriff
63. Sheriff may sell property without auctioneer's licence
64. Receipt for warrant
65. Duties on receipt of debt to Crown
66. Powers of sheriff
67. Power to temporarily restrain
68. Fees
69. Offence to assault an officer or rescue goods
70. Offence to fail to assist sheriff
71. Regulations

Division 2-Amendment of County Court Act 1958.

72. Appointment of bailiffs and assistant bailiffs of County Court

Division 3-Amendment of Magistrates' Court Act 1989.

73. Requirement to give name and address
74. Power to temporarily restrain
75. Power to assist police at road checks
76. Regulations

Division 4-Amendment of Interpretation of Legislation Act 1984.

77. Definitions

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
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details

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