Victorian Numbered Acts
[Index]
[Table]
[Search]
[Search this Act]
[Notes]
[Noteup]
[Download]
[Help]
SHERIFF ACT 2009 (NO. 9 OF 2009)
TABLE OF PROVISIONS
PART 1--PRELIMINARY
1. Purpose
2. Commencement
3. Definitions
4. Meaning of appropriately trained justice employee
5. Crown to be bound
PART 2--THE SHERIFF, THE DEPUTY SHERIFF AND SHERIFF'S OFFICERS
Division 1--The sheriff
6. The sheriff
7. Functions, powers and duties of the sheriff
8. Sheriff may appoint certain Department of Justice employees as deputised persons
9. Delegation of sheriff's enforcement functions and powers
Division 2--The deputy sheriff
10. The deputy sheriff
Division 3--Sheriff's officers
11. Sheriff's officers
12. Appointment of sheriff's officers as bailiffs
PART 3--THE SHERIFF'S ENFORCEMENT FUNCTIONS AND POWERS
Division 1--Execution of warrants and other processes
13. Execution and return of warrants and other processes
14. Execution of warrants that are in electronic form
Division 2--Power to arrest
15. General power to arrest persons
Division 3--Power to restrain
16. Power to temporarily restrain person hindering execution of warrant
Division 4--Powers to enter and search
17. Power to enter premises for the purpose of serving seven day demand
18. Power to enter and search premises in order to arrest person
19. Power to enter and search premises for recoverable property
20. Power to enter and take possession of real property
21. Use of reasonable force and assistance to enter premises
22. Requirements in relation to entry to premises to execute civil warrants
Division 5--Powers to seize, sell and deal with property
23. Sheriff may seize recoverable property
24. Sheriff may sell or otherwise deal with seized property
25. Buyer of property sold by sheriff acquires good title
Division 6--Powers to demand and receive payment
26. Sheriff may collect enforcement order payments
27. Sheriff may demand and receive payment in relation to money warrants
28. Reinstatement of certain money warrants after whole of payable amount has been paid by third party
Division 7--Power to request name and address
29. Power to request name and address for purpose of executing warrant
Division 8--Performance and exercise of enforcement functions and powers at police road checks
30. Performance and exercise of enforcement functions and powers at police road checks
Division 9--Other enforcement powers
31. Power to direct a person to do something
Division 10--Costs of execution of warrants
32. Sheriff may recover reasonable costs of enforcement and execution
Division 11--Miscellaneous matters
33. Sheriff's duties on receipt of money to satisfy debt or on seizing property
PART 4--EXECUTION OF MULTIPLE WARRANTS
Division 1--Execution of more than one warrant at the same time
34. Definitions
35. All warrants in a multiple warrant situation must be executed at the same time
36. Execution of warrants with related seven day demands
37. Execution of warrant of seizure and sale or to seize property and warrant to imprison
38. Execution of warrant to imprison and infringement warrant
Division 2--of Part 12 of the Infringements Act 2006 applies to the person against whom the sheriff executes an infringement warrant referred to in this section.
39. Execution of warrant to imprison and warrant to arrest
40. Execution of warrant to imprison, warrant to arrest and infringement warrant
Division 2--Application of proceeds from executed money warrants
41. Division does not affect the operation of Part 7 or Part 11 of the Infringements Act 2006
42. Definitions
43. Priority of application of proceeds of executed warrants
44. Payable amounts under warrants to imprison to be applied first
45. How payable amounts under warrants to arrest and other non-imprisonment warrants are to be applied
46. How payable amounts under other money warrants are to be applied
PART 5--GENERAL
Division 1--Offences
47. Offence to resist sheriff, deputy sheriff or sheriff's officer
48. Offence to assault sheriff, deputy sheriff or sheriff's officer
49. Offence to escape from lawful custody of sheriff, deputy sheriff or sheriff's officer
50. Offence to rescue or attempt to rescue goods
51. Offence to impersonate sheriff, deputy sheriff or sheriff's officer
Division 2--Information collection
52. Definitions
53. Sheriff may request required information from specified agency for purpose of executing warrants
54. Specified agency must comply unless certain cases apply
55. Restriction on sheriff in relation to use of required information
Division 3--Regulations
56. Regulations
PART 6--AMENDMENTS, SAVINGS AND TRANSITIONALS
57. Amendment of definition
58. Powers to employ sheriff and deputy sheriffs in Supreme Court Act 1986 repealed
59. Certain office holders to be deputies
60. Powers of deputies
61. Appointment of bailiffs and assistant bailiffs
62. Functions of sheriff
63. Sheriff may sell property without auctioneer's licence
64. Receipt for warrant
65. Duties on receipt of debt to Crown
66. Powers of sheriff
67. Power to temporarily restrain
68. Fees
69. Offence to assault an officer or rescue goods
70. Offence to fail to assist sheriff
71. Regulations
Division 2--Amendment of County Court Act 1958
72. Appointment of bailiffs and assistant bailiffs of County Court
Division 3--Amendment of Magistrates' Court Act 1989
73. Requirement to give name and address
74. Power to temporarily restrain
75. Power to assist police at road checks
76. Regulations
Division 4--Amendment of Interpretation of Legislation Act 1984
77. Definitions
Division 5--Savings and transitionals
78. Definition
79. Saving of office of sheriff
80. Saving of office of deputy sheriff
81. Savings provision—sheriff's officers
82. Transitional provision—deputised persons
83. Transitional provision—sheriff's officers who are bailiffs for purposes of Supreme Court Act 1986
84. Transitional provision—sheriff's officers who are bailiffs of the County Court
85. Application of Act to a warrant and other process issued but not executed before commencement day
ENDNOTES
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback