Victorian Numbered Acts

SHERIFF ACT 2009 (NO. 9 OF 2009) - SECT 3

In this Act—

appropriately trained justice employee has the 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 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 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 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 ;

        (d)     the Magistrates' Court Act 1989 ;

        (e)     the Infringements Act 2006 ;

        (f)     the Crimes Act 1958 ;

        (g)     the Sentencing Act 1991 ;

        (h)     any other prescribed Act;

              (i)     regulations made under this Act, an Act 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

        (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

        (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 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 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;

        (c)         a warrant to arrest issued under section 62 of the Sentencing Act 1991 and directed to the sheriff;

        (d)     an infringement warrant directed to the sheriff;

        (e)             any other warrant relating to a criminal proceeding issued by a court and 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);

"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, 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 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 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' Court Act 1989 directed to the sheriff; or

        (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 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 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 ;

"premises "include—

        (a)     land;

        (b)     any structure, building or place (whether built on or not), and any part of such structure, building or place;

"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;

"property" includes real property, personal property and money;

"recoverable property" means property specified in a warrant that may be lawfully seized under the warrant;

"Secretary" means Secretary to the Department of Justice;

"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 of the Infringements Act 2006 ;

"sheriff "means the person employed under section 6;

"sheriff's officer" means a person employed under section 11 ;

"warrant "means a criminal warrant or a civil warrant;

"warrant costs" means the costs and expenses of the sheriff described in section 32.