Victorian Numbered Acts

SHERIFF ACT 2009 (NO. 9 OF 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  

           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  

           Division 2--of Part 12 of the Infringements Act 2006 applies to the person against whom the sheriff executes an infringement warrant referred to in this section.

   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

   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  
           ENDNOTES