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This is a Bill, not an Act. For current law, see the Acts databases.


SHERIFF BILL 2008

                 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




561215B.I-7/10/2008                     i       BILL LA INTRODUCTION 7/10/2008

 


 

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

 


 

Clause Page 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 561215B.I-7/10/2008 iii BILL LA INTRODUCTION 7/10/2008

 


 

Clause Page 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. 561215B.I-7/10/2008 1 BILL LA INTRODUCTION 7/10/2008

 


 

Sheriff Bill 2008 Part 1--Preliminary s. 2 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; 561215B.I-7/10/2008 2 BILL LA INTRODUCTION 7/10/2008

 


 

Sheriff Bill 2008 Part 1--Preliminary s. 3 (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; 561215B.I-7/10/2008 3 BILL LA INTRODUCTION 7/10/2008

 


 

Sheriff Bill 2008 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 561215B.I-7/10/2008 4 BILL LA INTRODUCTION 7/10/2008

 


 

Sheriff Bill 2008 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; 561215B.I-7/10/2008 5 BILL LA INTRODUCTION 7/10/2008

 


 

Sheriff Bill 2008 Part 1--Preliminary s. 4 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. __________________ 561215B.I-7/10/2008 6 BILL LA INTRODUCTION 7/10/2008

 


 

Sheriff Bill 2008 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. 561215B.I-7/10/2008 7 BILL LA INTRODUCTION 7/10/2008

 


 

Sheriff Bill 2008 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 561215B.I-7/10/2008 8 BILL LA INTRODUCTION 7/10/2008

 


 

Sheriff Bill 2008 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. 561215B.I-7/10/2008 9 BILL LA INTRODUCTION 7/10/2008

 


 

Sheriff Bill 2008 Part 2--The Sheriff, the Deputy Sheriff and Sheriff's Officers s. 11 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. __________________ 561215B.I-7/10/2008 10 BILL LA INTRODUCTION 7/10/2008

 


 

Sheriff Bill 2008 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 561215B.I-7/10/2008 11 BILL LA INTRODUCTION 7/10/2008

 


 

Sheriff Bill 2008 Part 3--The Sheriff's Enforcement Functions and Powers s. 15 (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; 561215B.I-7/10/2008 12 BILL LA INTRODUCTION 7/10/2008

 


 

Sheriff Bill 2008 Part 3--The Sheriff's Enforcement Functions and Powers s. 16 (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. 561215B.I-7/10/2008 13 BILL LA INTRODUCTION 7/10/2008

 


 

Sheriff Bill 2008 Part 3--The Sheriff's Enforcement Functions and Powers s. 19 (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. 561215B.I-7/10/2008 14 BILL LA INTRODUCTION 7/10/2008

 


 

Sheriff Bill 2008 Part 3--The Sheriff's Enforcement Functions and Powers s. 21 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. 561215B.I-7/10/2008 15 BILL LA INTRODUCTION 7/10/2008

 


 

Sheriff Bill 2008 Part 3--The Sheriff's Enforcement Functions and Powers s. 23 (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. 561215B.I-7/10/2008 16 BILL LA INTRODUCTION 7/10/2008

 


 

Sheriff Bill 2008 Part 3--The Sheriff's Enforcement Functions and Powers s. 26 (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. 561215B.I-7/10/2008 17 BILL LA INTRODUCTION 7/10/2008

 


 

Sheriff Bill 2008 Part 3--The Sheriff's Enforcement Functions and Powers s. 27 (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. 561215B.I-7/10/2008 18 BILL LA INTRODUCTION 7/10/2008

 


 

Sheriff Bill 2008 Part 3--The Sheriff's Enforcement Functions and Powers s. 28 (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 561215B.I-7/10/2008 19 BILL LA INTRODUCTION 7/10/2008

 


 

Sheriff Bill 2008 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. 561215B.I-7/10/2008 20 BILL LA INTRODUCTION 7/10/2008

 


 

Sheriff Bill 2008 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. 561215B.I-7/10/2008 21 BILL LA INTRODUCTION 7/10/2008

 


 

Sheriff Bill 2008 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

 


 

Sheriff Bill 2008 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. 561215B.I-7/10/2008 23 BILL LA INTRODUCTION 7/10/2008

 


 

Sheriff Bill 2008 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

 


 

Sheriff Bill 2008 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. 561215B.I-7/10/2008 26 BILL LA INTRODUCTION 7/10/2008

 


 

Sheriff Bill 2008 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 561215B.I-7/10/2008 27 BILL LA INTRODUCTION 7/10/2008

 


 

Sheriff Bill 2008 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 561215B.I-7/10/2008 28 BILL LA INTRODUCTION 7/10/2008

 


 

Sheriff Bill 2008 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 561215B.I-7/10/2008 29 BILL LA INTRODUCTION 7/10/2008

 


 

Sheriff Bill 2008 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; 561215B.I-7/10/2008 30 BILL LA INTRODUCTION 7/10/2008

 


 

Sheriff Bill 2008 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-- 561215B.I-7/10/2008 31 BILL LA INTRODUCTION 7/10/2008

 


 

Sheriff Bill 2008 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. 561215B.I-7/10/2008 32 BILL LA INTRODUCTION 7/10/2008

 


 

Sheriff Bill 2008 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. 561215B.I-7/10/2008 34 BILL LA INTRODUCTION 7/10/2008

 


 

Sheriff Bill 2008 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; 561215B.I-7/10/2008 35 BILL LA INTRODUCTION 7/10/2008

 


 

Sheriff Bill 2008 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 561215B.I-7/10/2008 36 BILL LA INTRODUCTION 7/10/2008

 


 

Sheriff Bill 2008 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 561215B.I-7/10/2008 37 BILL LA INTRODUCTION 7/10/2008

 


 

Sheriff Bill 2008 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". 561215B.I-7/10/2008 39 BILL LA INTRODUCTION 7/10/2008

 


 

Sheriff Bill 2008 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. 561215B.I-7/10/2008 40 BILL LA INTRODUCTION 7/10/2008

 


 

Sheriff Bill 2008 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". 561215B.I-7/10/2008 41 BILL LA INTRODUCTION 7/10/2008

 


 

Sheriff Bill 2008 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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