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Sheriff Bill 2008
Introduction Print
EXPLANATORY MEMORANDUM
Clause Notes
PART 1--PRELIMINARY
Clause 1 sets out the main purpose of the Bill, which is to provide a
legislative framework for the appointment of the sheriff, deputy
sheriff and sheriff's officers and their functions, powers and
duties.
Clause 2 states that the Bill will come into operation on a day or days to be
proclaimed. The clause provides for a provision of the Bill to
come into operation on 1 January 2010, if it has not already come
into operation before that date.
Clause 3 defines key terms used in the Bill.
Clause 4 defines who is an appropriately trained justice employee.
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 to have the
necessary competence, training or experience to exercise a
delegated enforcement function or power.
Clause 5 provides that the Bill will bind the Crown in all its capacities.
PART 2--THE SHERIFF AND THE DEPUTY SHERIFF AND
SHERIFF'S OFFICERS
Division 1--The sheriff
Clause 6 provides for the sheriff to be employed under Part 3 of the Public
Administration Act 2004, and sets out the purposes of the
employment.
561215 1 7/10/2008
Clause 7 provides for the functions, powers and duties of the sheriff,
which are those under court and enforcement legislation (as
defined under clause 3) or under a warrant. The clause also
provides for the sheriff to have the previous functions, powers
and duties at law that the sheriff had under section 106(a) of the
Supreme Court Act 1986, which are not inconsistent with the
clause. The clause further provides that the sheriff may perform
any other function or duty, or exercise any other power, that is
authorised under any other law.
Clause 8 provides that the sheriff may appoint specified persons employed
in the Department of Justice under Part 3 of the Public
Administration Act 2004 as deputised persons. A deputised
person may only be appointed under this clause if the sheriff
considers them to have the necessary competence, training or
experience to perform or exercise a delegated enforcement
function or power. The clause further provides that a deputised
person has the functions, powers and duties imposed under an
instrument of delegation, or that are authorised under any other
law.
Clause 9 permits the sheriff, by instrument, to delegate a function or power
conferred, or duty imposed, on the sheriff under court and
enforcement legislation (other than this power of delegation) or a
warrant to a deputised person, a sheriff's officer or class of
sheriff's officer, or an appropriately trained justice employee or
class of appropriately trained justice employees. The clause
contains requirements in relation to the instrument of delegation,
including that it must state the name or class of the person
delegated to and specify the function or power that is being
delegated. The sheriff is obliged to notify in writing the person
or class of person being delegated to, as soon as practicable after
making a delegation.
Division 2--The deputy sheriff
Clause 10 provides for the employment of a deputy sheriff under Part 3 of
the Public Administration Act 2004 who can exercise an
enforcement function or power of the sheriff, subject to the
direction of the sheriff (other than a function or power under
clause 9). The clause states that the deputy sheriff may also
perform any other function or duty, or exercise any other power,
the deputy sheriff is authorised to perform or exercise under any
other law.
2
Division 3--Sheriff's officers
Clause 11 provides for sheriff's officers, who are to be employed under the
Public Administration Act 2004. The clause states that sheriff's
officers shall assist the sheriff in the exercise of his or her
functions and powers, as well as having the functions and powers
conferred, and duties imposed, under an instrument of delegation.
Clause 12 provides that the sheriff may appoint a sheriff's officer as a bailiff
for the purposes of the Supreme Court Act 1986 or County
Court Act 1958. The clause requires that the sheriff only
appoint a sheriff's officer under this clause if that sheriff's officer
has the necessary competence, training, or experience to be a
bailiff.
PART 3--THE SHERIFF'S ENFORCEMENT FUNCTIONS
AND POWERS
Division 1--Execution of warrants and other processes
Clause 13 provides that the sheriff must execute and return all warrants and
other processes as soon as practicable. The sheriff may only
perform or exercise functions and powers that are reasonably
necessary to execute the warrant or other process.
Clause 14 sets out the circumstances in which the sheriff may execute a
warrant that is not in paper form. These include where: (1) the
warrant has been verified by electronic means; (2) specified
warrant details have been provided to the person named in the
warrant; (3) any seven day demands have been served; and, (4) a
copy of the warrant powers summary is provided. The clause
defines electronic means as a method of accessing a database on
which details of warrants received by the sheriff are stored.
The clause also gives meaning to specified warrant details and
warrant powers summary.
Division 2--Power to arrest
Clause 15 provides that the sheriff may arrest a person named or described
in a criminal warrant authorising arrest, or a person as provided
for under relevant court and enforcement legislation.
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Division 3--Power to restrain
Clause 16 empowers the sheriff to temporarily restrain a person hindering
the execution of a warrant. This power is limited on the basis
that the person must be released as soon as the activity that the
person was hindering is completed.
Division 4--Powers to enter and search
Clause 17 provides for entry to premises for the purposes of serving a seven
day demand if the sheriff reasonably believes that a person
named or described in a warrant, which requires a seven day
demand to be given, is at the premises.
Clause 18 enables the sheriff to break and enter any premises where the
person named or described in a criminal warrant authorising
arrest is suspected to be, and to search for the person at that
premises.
Clause 19 provides that the sheriff, in the execution of a warrant that
authorises the seizure of property, may enter premises for the
purpose of searching for and seizing property and, after entering
the premises, may search for and seize property. For the
purposes of this clause, the sheriff may only enter premises
occupied by the person named or described in the warrant, or
premises where the sheriff reasonably suspects there is property
belonging to that person.
Clause 20 provides that the sheriff, in accordance with a warrant of
possession, may enter premises owned by the person named or
described in the warrant for the purpose of taking possession of
that premises.
Clause 21 provides that the sheriff may, subject to clause 22, use any
reasonably necessary force and assistance to enter premises for
the purposes of exercising powers under court and enforcement
legislation or a warrant. Force must not be used to enter premises
in order to serve a seven day demand.
Clause 22 provides for the circumstances in which the sheriff may enter and
use force in the execution of civil warrants, other than warrants
of possession. This clause sets out particular requirements that
must be adhered to when enforcing civil warrants. Entry is
limited to when the sheriff believes on reasonable grounds that
there is or may be personal property that is recoverable property
at the premises. The sheriff must first request the consent of the
owner or occupier to enter the premises. The sheriff may only
use force and assistance as provided under the Division where
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consent is unreasonably withheld, or where the sheriff is unable
to contact the owner or occupier after making reasonable
attempts to do so, or where the sheriff reasonably believes the
owner or occupier is avoiding being contacted by the sheriff.
Force and assistance in these circumstances must only be used
between 9 a.m. and 5 p.m., in relation to residential premises.
Division 5--Powers to seize, sell and deal with property
Clause 23 provides that, subject to this Division, the sheriff may seize or
take possession of recoverable property in accordance with
relevant court and enforcement legislation or a warrant that
authorises the seizure of property. This can occur irrespective of
who has possession of the property.
Clause 24 provides the sheriff, subject to this Bill, with the power to sell or
deal with property seized in accordance with relevant court and
enforcement legislation or a warrant that authorises seizure of
property. The clause outlines the purposes for which this can
occur.
Clause 25 provides that a person who buys seized property sold by the
sheriff under this Division acquires good title if the property is
bought in good faith and without notice of any defect or want of
title. 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 after making reasonable enquiries might have ascertained, that
the property was not that of the person named in the warrant
authorising seizure of the property.
Division 6--Powers to demand and receive payment
Clause 26 sets out requirements for when the sheriff may collect
enforcement order payments. The clause provides that, where the
sheriff is about to execute a money warrant against a person who
also has an outstanding enforcement order against them, the
sheriff must inform the person that they can make a payment
relating to the enforcement order, if they wish to do so.
An enforcement order in this context has the same meaning as in
the Infringements Act 2006.
Clause 27 provides that the sheriff, in the execution of a money warrant,
may demand and receive payment of a payable amount or a part
of such amount in the case of an infringement warrant or a civil
warrant. The sheriff may only receive the whole of the payable
amount in the case of a warrant to imprison issued under section
68(b) of the Magistrates' Court Act 1989; a warrant to seize
property issued under section 73 of that Act; a warrant to arrest
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issued under section 62 of the Sentencing Act 1991; or a warrant
of delivery. It also enables payment to be received from a third
party, subject to the limitations specified.
The clause outlines that 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 does not consent to the making of the payment by the
third party.
The clause provides that 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 in the warrant informs the sheriff
that he or she consents to the making of the payment by the third
party. The clause states that the sheriff may inform the third
party of the payable amount, but must not give any other
information about a money warrant.
As soon as practicable after receiving a payment from a third
party under this clause, the sheriff must serve on the person
named or described in the money warrant a notice that specifies
the name of the third party, the date of the payment and the
amount paid relating to the warrant. The notice must also state
that the person may apply to the court that issued the warrant
within 28 days after service of the notice for a reinstatement of
the warrant under clause 28.
Clause 28 outlines that the court that issued an executed money warrant, on
the application of a person named or described in the executed
money warrant, reinstate that warrant as a money warrant.
A person may make an application under this clause within
28 days after being served with a notice under clause 27(9).
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--
· if the amount has been paid into the Consolidated Fund,
the Consolidated Fund is, to the necessary extent,
appropriated accordingly; or
· if the amount has been paid into another fund or
account, the amount is to be refunded from that fund or
account.
6
For the purposes of this clause, an executed money warrant is a
criminal warrant in respect of which the sheriff has received the
whole of the payable amount from a third party in the absence of
the person named or described in the warrant. Third party in this
context has the meaning given by clause 27.
An executed money warrant may only be reinstated once by a
court under this clause.
Division 7--Power to request name and address
Clause 29 provides the sheriff with the power to request the name and
ordinary place of residence or business of a person who the
sheriff believes on reasonable grounds is the person named or
described in a warrant to be executed. It is an offence for a
person to refuse or fail to comply with a request without a
reasonable excuse, state a false name, or state an address that is
not correct. The person requested by the sheriff to provide
details under this clause, may ask the requestor for details of his
or her name, position and place of business. Failure to provide
these details or to state false particulars, is an offence with a
penalty of 5 penalty units. Where the sheriff believes on
reasonable grounds that the information provided in response to
his or her request may be false, he or she may request evidence in
relation to the name and address. The person must not, without
reasonable excuse, refuse or fail to comply with such a request.
Division 8--Performance and exercise of enforcement functions
and powers at police road checks
Clause 30 provides that the sheriff may give directions at road checks, in
accordance with the clause. This clause applies if a member of
the police force exercises a power conferred by the Road Safety
Act 1986 and requests or signals the driver of a motor vehicle to
stop the vehicle where the sheriff is placed. The clause provides
that the sheriff may give directions to the driver to enable the
sheriff to determine whether the person, or any person
accompanying the driver, is named or described in a warrant.
Directions can include to keep the vehicle stationery, to drive to a
designated spot, to produce his or her driver licence or permit
document, or comply with any other reasonable direction.
The clause provides that a person must not, without reasonable
excuse, refuse or fail to comply with a direction of the sheriff.
A penalty of 5 penalty units applies.
7
Division 9--Other enforcement powers
Clause 31 provides that, for the purposes of executing a warrant or other
process, the sheriff may give reasonable directions to the person
named or described in the warrant or other process, or a person
who is considered to be resisting or hindering the execution of
the warrant or other process. A penalty of 5 penalty units can
apply if a person, without reasonable excuse, refuses or fails to
comply with the reasonable direction of the sheriff.
Division 10--Cost of execution of warrants
Clause 32 provides that the sheriff is able to recover all reasonable costs and
expenses incurred in the execution of a warrant. It will cover
costs and expenses such as locksmith and removalist fees, and
costs and expensed incurred when seizing property and
conducting an auction. It does not include prescribed fees or
charges.
Division 11--Miscellaneous matters
Clause 33 outlines the sheriff's duties and requirements on receipt of money
to satisfy debt or on seizing property. If the sheriff does not
comply with this clause, the sheriff is liable to pay any damage
incurred by a person named in a warrant in consequence of the
non-compliance.
PART 4--EXECUTION OF MULTIPLE WARRANTS
Division 1--Execution of more than one warrant at the same time
Clause 34 defines key terms used in this Division.
Clause 35 sets out that, in the case of a multiple warrant situation, the
sheriff must execute all warrants at the same time.
Clause 36 outlines the conditions that apply to this clause for execution of
warrants with related seven day demands. The clause applies if
the sheriff has more than one warrant to execute against a person,
at least two of the warrants require a seven day demand, and at
least one of the seven day demands has expired. In these
circumstances the sheriff can execute all warrants at the same
time if the person named in the warrant consents in writing to
waive his or her right to the unexpired seven day demands, in
order to promptly resolve matters.
8
Clause 37 outlines the conditions that apply if the sheriff has a property
seizure warrant (warrant of seizure and sale or a warrant to seize
property issued under section 111 of the Magistrates' Court Act
1989), and a warrant to imprison to execute against the same
person. The clause states that the sheriff, in accordance with the
relevant court and enforcement legislation, must execute the
property seizure warrant before executing the warrant to
imprison.
Clause 38 outlines the conditions that apply in the execution of a warrant to
imprison and an infringement warrant. The sheriff must execute
the warrant to imprison and must only execute the infringement
warrant when the person named or described in the warrants is
in the legal custody of the Chief Commissioner of Police in a
police gaol, or the Secretary in a prison. The clause notes that
Division 2 of Part 12 of the Infringements Act 2006 applies.
Clause 39 outlines the conditions that apply in the execution of a warrant to
imprison and a warrant to arrest against the same person.
The sheriff must execute the warrant to imprison, and must not
execute the warrant to arrest unless the person is released from
the legal custody of the Chief Commissioner of Police in a police
gaol or the Secretary in prison, and unless a seven day demand
served on the person has expired without the occurrence of a
liability discharge event, or the period under the seven day
demand being waived by the person. The clause gives meaning
to liability discharge event for this clause.
Clause 40 outlines the conditions that apply to the execution of a warrant to
imprison, warrant to arrest and infringement warrant against the
same person. The sheriff must execute the warrant to imprison,
and must not execute the infringement warrant unless the person
is in the legal custody of the Chief Commissioner of Police in a
police gaol, or the Secretary in a prison. The sheriff must not
execute the warrant to arrest unless the person is released from
the legal custody of the Chief Commissioner of Police or the
Secretary, and unless a seven day demand served on the person
has expired without the occurrence of a liability discharge event
or the period under the seven day demand being waived by the
person. The clause gives meaning to liability discharge event for
this clause.
9
Division 2--Application of proceeds from executed money
warrants
Clause 41 states that this Division does not affect the operation of Part 7 or
Part 11 of the Infringements Act 2006.
Clause 42 defines key terms used in this Division.
Clause 43 sets out the priority of application of proceeds of execution, in
that the sheriff must apply combined proceeds for the payment of
payable amounts in the order of priority specified under this
Division unless there has been disentitling conduct. It is intended
that disentitling conduct shall have its current common law
meaning.
Clause 44 provides that payable amounts under warrants to imprison are to
be applied before other warrants.
Where the sheriff holds combined proceeds (as defined in
clause 42) which includes money received in respect of a payable
amount under a warrant to imprison, the sheriff must apply that
money to the warrant to imprison before the sheriff applies any
other money or proceeds from the combined proceeds.
Where the money received relates to more than one warrant to
imprison, the sheriff must apply that money to the warrants to
imprison before applying any other money or proceeds from the
combined proceeds, and must apply it to the warrants to imprison
in order of receipt by the sheriff of the warrants to imprison.
Once the sheriff has applied money to all relevant warrants to
imprison, the sheriff must apply any further money received as
payment of a payable amount under a warrant to arrest, before
the sheriff applies any other money or proceeds from the
combined proceeds. Where the money received relates to more
than one warrant to arrest, the sheriff must apply that money to
the warrants to arrest before applying any other money or
proceeds from the combined proceeds, and must apply it to the
warrants to arrest in order of receipt by the sheriff of the warrants
to arrest.
Where money has been applied to all relevant warrants to
imprison and all relevant warrants to arrest, the sheriff must
apply any remaining combined proceeds in order of receipt by
the sheriff of the warrants to which those proceeds relate.
10
Clause 45 applies where combined proceeds held by the sheriff comprise
money and proceeds in respect of warrants other than warrants to
imprison.
Where the sheriff holds combined proceeds that include money
received in respect of a payable amount under a warrant to arrest,
the sheriff must apply that money to the warrant to arrest before
the sheriff applies any other money or proceeds from the
combined proceeds. Where the money received relates to more
than one warrant to arrest, the sheriff must apply that money to
the warrants to arrest before applying any other money or
proceeds from the combined proceeds, and must apply it to the
warrants to arrest in order of receipt by the sheriff of the warrants
to arrest.
Where money has been applied to all relevant warrants to arrest,
the sheriff must apply any remaining combined proceeds in order
of receipt by the sheriff of the warrants to which those proceeds
relate.
Clause 46 sets out a system of priority for payable amounts under other
money warrants. This clause applies if combined proceeds held
by the sheriff comprise proceeds in respect of warrants, other
than warrants to imprison or warrants to arrest. The sheriff must
apply those combined proceeds in order of receipt by the sheriff
of the warrants to which those proceeds relate.
PART 5--GENERAL
Division 1--Offences
Clause 47 makes it an offence to resist the sheriff, deputy sheriff or sheriff's
officer in the execution of a warrant or other process.
Penalty: 6 months imprisonment.
Clause 48 makes it an offence to assault the sheriff, deputy sheriff or
sheriff's officer while performing or exercising an enforcement
function or power or delegated enforcement function or power.
Penalty: 6 months imprisonment.
This clause does not affect the powers of the Supreme Court in
relation to contempt.
Clause 49 makes it an offence to escape from the lawful custody of a
sheriff, deputy sheriff or sheriff's officer.
Penalty: 6 months imprisonment.
11
Clause 50 makes it an offence to rescue or attempt to rescue property
lawfully seized by the sheriff, deputy sheriff or a sheriff's officer.
Penalty: 6 months imprisonment.
This clause does not affect the powers of the Supreme Court in
relation to contempt.
Clause 51 makes it an offence to impersonate the sheriff, the deputy sheriff
or a sheriff's officer.
Penalty: 6 months imprisonment.
Division 2--Information collection
Clause 52 defines key terms used in this Division.
Clause 53 provides that the sheriff may request required information from a
specified agency for the purpose of executing warrants.
The clause provides that the sheriff may request in writing a
specified agency provide required information to the sheriff
where the sheriff has made reasonable attempts to execute the
warrant against a person without success. The request must only
include information that is sufficient to enable the specified
agency to identify the person. The request may include--
· the name of person to whom the required information
relates;
· the person's date of birth; and
· the person's last known address of that person.
The request must not include information about, or that identifies,
a warrant that has been received by the sheriff.
This provision is intended to apply to specified agencies that
typically have up-to-date address information, such as VicRoads
and the Residential Tenancies Bond Authority.
Clause 54 provides that a specified agency must comply with a request
under clause 53(1) within 14 days after receiving the request,
unless the specified agency is a law enforcement agency, or the
public sector body Head (within the meaning of the Public
Administration Act 2004) of the public sector body or chief
executive of the Council, as the case requires, certifies in writing
that exceptional circumstances apply that require the agency not
to provide the sheriff with the required information.
12
Regarding law enforcement agencies, the intention is to ensure
that investigations being conducted by these bodies are not
jeopardised by a compulsion to provide information to the
sheriff. The exceptional circumstances provision is intended to
apply in situations such as where the Department of Human
Services has confidential address information regarding child
protection, or where the agency reasonably suspects disclosing
the relevant information is likely to endanger the person's safety.
Clause 55 imposes restrictions on the sheriff in relation to the use of
required information provided under this Division. Required
information that is provided may only be used for the purpose of
executing the warrant against the person to whom the required
information relates.
Division 3--Regulations
Clause 56 provides that the Governor in Council may make regulations for
or with respect to fees or charges payable in respect of anything
done by the sheriff, or in relation to the execution of any warrant
or other process, including--
· the issue or execution of a warrant or other process;
· the amendment, alteration or variation of a warrant or
other process;
· the supply of a duplicate copy of a warrant or other
process.
Regulations may also be made generally prescribing any other
matter or thing required or permitted by this Bill to be prescribed
or necessary to be prescribed to give effect to the Bill.
The clause provides for making regulations for the imposition of
fees or charges that may be exercised by providing for all or any
of the following matters--
· specific fees or charges;
· maximum fees or charges;
· minimum fees or charges;
· fees or charges that vary according to value or time;
· the manner of payment of fees or charges;
· the time or times at which fees or charges are to be paid.
13
The clause states that the regulations may--
· be of general or of limited application;
· differ according to differences in time, place or
circumstance;
· confer a discretionary authority or impose a duty on a
specified person or a specified class of person.
PART 6--AMENDMENTS, SAVING AND TRANSITIONALS
Division 1--Amendment of Supreme Court Act 1986
Clause 57 amends the definition of court official in section 3(1) of the
Supreme Court Act 1986, replacing the reference to "any
sheriff" with a reference to "the sheriff".
Clause 58 repeals powers to employ the sheriff and deputy sheriffs under
the Supreme Court Act 1986. This is to ensure that the power
to employ the sheriff and deputy sheriffs resides in Part 2 of this
Bill. The clause removes the reference to "a sheriff" in section
106(a) of the Supreme Court Act 1986, and removes the
reference to "deputy sheriffs" in section 106(b) of that Act.
Clause 59 removes the reference to "deputy sheriff" in section 107(1) of the
Supreme Court Act 1986. This is necessary as clause 8 of the
Bill now provides the sheriff with the power to deputise persons,
rather than the Governor in Council under section 107 of the
Supreme Court Act 1986.
Clause 60 removes the reference to "deputy sheriff" in section 108(1) of the
Supreme Court Act 1986, and the reference to "sheriff" and
"deputy sheriff" in section 108(2) of that Act. This is because the
powers of the deputy sheriff are now set out in Part 2 of this Bill.
Clause 61 amends section 109 of the Supreme Court Act 1986 to ensure
that sheriff's officers are appointed as bailiffs by the sheriff under
clause 12 of this Bill, rather than by the Governor in Council
under section 109 of the Supreme Court Act 1986. The clause
ensures that the Governor in Council retains the power to appoint
persons other than sheriff's officers as bailiffs for the purposes of
the Supreme Court Act 1986.
Clause 62 repeals section 115(1) and section 115(2) of the Supreme Court
Act 1986, as the functions of the sheriff are now set out in Part 2
of this Bill.
14
Clause 63 repeals section 116 of the Supreme Court Act 1986, as the
power of the sheriff to sell and deal with seized property is now
contained in Division 5 of Part 3 of this Bill.
Clause 64 repeals section 117 of the Supreme Court Act 1986 relating to
receipts for warrants.
Clause 65 repeals section 118 of the Supreme Court Act 1986, as the
sheriff's duties on receipt of money, or on seizing property, are
contained in Division 11 of Part 3 of this Bill.
Clause 66 repeals section 121 of the Supreme Court Act 1986.
The offence of resisting the sheriff is now contained in clause 47
of this Bill.
Clause 67 repeals section 121A of the Supreme Court Act 1986, as the
power of the sheriff to temporarily restrain a person who is
hindering the execution of a warrant is now contained in Division
3 of Part 3 of this Bill.
Clause 68 repeals section 122 of the Supreme Court Act 1986 relating to
fees.
Clause 69 repeals section 124 of the Supreme Court Act 1986, as the
offences of assaulting the sheriff or a sheriff's officer, and of
rescuing goods, are contained in Division 1 of Part 5 of this Bill.
Clause 70 repeals section 126 of the Supreme Court Act 1986 relating to
the offence of failing to assist the sheriff.
Clause 71 omits the reference to "the sheriff" in section 129(1)(b) of the
Supreme Court Act 1986. This is necessary as Division 3 of
Part 5 of this Bill provides the power to make regulations relating
to fees or charges payable in respect of anything done by the
sheriff.
Division 2--Amendment of County Court Act 1958
Clause 72 amends section 23 of the County Court Act 1958 to ensure that
sheriff's officers are appointed as bailiffs by the sheriff under
clause 12 of this Bill, rather than by the Governor in Council
under section 23 of the County Court Act 1958. The clause
ensures that the Governor in Council retains the power to appoint
persons other than sheriff's officers as bailiffs of the County
Court.
15
Division 3--Amendment of Magistrates' Court Act 1989
Clause 73 repeals section 82G of the Magistrates' Court Act 1989, as the
power of the sheriff to request a name and address is now
contained in Division 7 of Part 3 of this Bill.
Clause 74 repeals section 82H of the Magistrates' Court Act 1989, as the
power of the sheriff to temporarily restrain a person who is
hindering the execution of a warrant is now contained in
Division 3 of Part 3 of this Bill.
Clause 75 removes the reference to "the sheriff" in section 82I(2) of the
Magistrates' Court Act 1989. This is because the power of the
sheriff to perform and exercise enforcement functions and
powers at police road checks is now contained in Division 8 of
Part 3 of this Bill. The clause ensures that persons other than
sheriff's officers who are bailiffs for the purposes of the Supreme
Court Act 1986 continue to have the power to give directions at
police road checks.
Clause 76 amends section 140(1)(a), and repeals section 140(1)(ba), of the
Magistrates' Court Act 1989. This is necessary as Division 3 of
Part 5 of this Bill now provides the power to make regulations
relating to fees or charges payable in respect of anything done by
the sheriff.
Division 4--Amendment of Interpretation of Legislation Act 1984
Clause 77 inserts into section 38 of the Interpretation of Legislation Act
1984 the following definition: "sheriff has the same meaning as
in the Sheriff Act 2008".
Division 5--Savings and transitionals
Clause 78 defines commencement day, for the purposes of this Division, to
mean the day clause 6 comes into operation.
Clause 79 saves the office of the sheriff. The clause states that on the
commencement day the person who immediately before that day
was employed as the sheriff under section 106(a) of the Supreme
Court Act 1986 is to be taken to be employed as the sheriff
under clause 6 of this Bill on the same terms and conditions as
that person was employed immediately before that day.
16
Clause 80 saves the office of the deputy sheriff. The clause states that on
the commencement day the person who immediately before that
day was employed as a deputy sheriff under section 106(b) of the
Supreme Court Act 1986 is to be taken to be employed as a
deputy sheriff under clause 10 of this Bill on the same terms and
conditions as that person was employed immediately before that
day.
Clause 81 states that on the commencement day a person who immediately
before that day was employed under the Public Administration
Act 2004 as a sheriff's officer is to be taken to be employed as a
sheriff's officer under clause 11 of this Bill on the same terms and
conditions as that person was employed immediately before that
day.
Clause 82 states that on commencement day a person who immediately
before that day was declared, under an Order 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 clause 8 of this
Bill.
Clause 83 states that on the commencement day a sheriff's officer who
immediately before that day was appointed, by an Order under
section 109 of the Supreme Court Act 1986 as a bailiff is to be
taken to be appointed as a bailiff under clause 12 of this Bill.
Clause 84 states that on the commencement day a sheriff's officer who
immediately before that day was appointed by an Order under
section 23 of the County Court Act 1958 as a bailiff is to be
taken to be appointed as a bailiff under clause 12 of this Bill.
Clause 85 states that on and after the commencement day this Bill applies to
a warrant or other process that the sheriff has received for
execution before that day but has not yet executed.
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