s 1Purpose
The main purpose of this Act is to provide a legislative framework for the appointment of the sheriff, the deputy sheriff and sheriff's officers and their functions, powers and duties.
The main purpose of this Act is to provide a legislative framework for the appointment of the sheriff, the deputy sheriff and sheriff's officers and their functions, powers and duties.
Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.
If a provision of this Act does not come into operation before 1 January 2010, it comes into operation on that day.
In this Act—
appropriately trained justice employee has the meaning given by section 4;
civil proceeding means a proceeding other than a criminal proceeding;
S. 3 def. of civil warrant amended by No. 17/2022 s. 87.
civil warrant means—
any of the following directed to the sheriff—
a warrant of seizure and sale;
a warrant of possession;
a warrant of delivery;
a warrant to seize property under section 111 of the Magistrates' Court Act 1989; or
any other warrant directed to the sheriff relating to the enforcement of a judgment or order of the court in a civil proceeding;
S. 3 def. of Convention country inserted by No. 17/2022 s. 94.
Convention country means a country, other than Australia, that is a party to the Hague Convention;
S. 3 def. of court and enforcement legislation amended by Nos 47/2014 s. 317(a), 29/2020 ss 16, 17.
court and enforcement legislation means—
this Act;
the Supreme Court Act 1986;
the County Court Act 1958;
the Magistrates' Court Act 1989;
the Infringements Act 2006;
the Fines Reform Act 2014;
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the Crimes Act 1958;
the Sentencing Act 1991;
any other prescribed Act;
regulations made under this Act, an Act referred to in paragraphs (b) to (g) or a prescribed Act under paragraph (h);
a rule of court;
criminal proceeding means—
a prosecution for an offence; or
a proceeding that is related to or associated with a prosecution for an offence—
but does not include—
a claim for compensation; or
a proceeding under the Confiscation Act 1997;
S. 3 def. of criminal warrant amended by Nos 32/2013 s. 61(a), 47/2014 s. 317(b).
criminal warrant means—
a warrant to arrest issued by the Supreme Court or County Court and directed to the sheriff;
any of the following warrants issued under the Magistrates' Court Act 1989 and directed to the sheriff—
a warrant to arrest under section 61 of that Act;
a warrant to imprison under section 68 of that Act;
a warrant to seize property under section 73 of that Act;
a warrant to arrest issued under section 69 of the Sentencing Act 1991 and directed to the sheriff;
an enforcement warrant directed to the sheriff;
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);
S. 3 def. of enforcement order repealed by No. 47/2014 s. 317(f).
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S. 3 def. of enforcement order notice repealed by No. 47/2014 s. 317(f).
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S. 3 def. of enforcement warrant inserted by No. 47/2014 s. 317(e).
enforcement warrant has the same meaning as it has in the Fines Reform Act 2014;
S. 3 def. of foreign judicial document inserted by No. 17/2022 s. 94.
foreign judicial document means a judicial document that originates in a Convention country and relates to any civil proceeding in a court of that country;
S. 3 def. of Hague Convention inserted by No. 17/2022 s. 94.
Hague Convention means the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters done at the Hague on 15 November 1965;
S. 3 def. of infringement warrant repealed by No. 47/2014 s. 317(f).
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S. 3 def. of interstate or Common-wealth judicial document inserted by No. 17/2022 s. 94.
interstate or Commonwealth judicial document means a judicial document that relates to any civil proceeding in a court of another State or the Commonwealth;
S. 3 def. of money warrant amended by Nos 32/2013 s. 61(b), 47/2014 s. 317(c).
money warrant means—
a civil warrant (other than a warrant of possession) directed to the sheriff; or
an enforcement warrant directed to the sheriff; or
a warrant to imprison issued under section 68(b) of the Magistrates' Court Act 1989 directed to the sheriff; or
a warrant to arrest issued under section 69 of the Sentencing Act 1991 directed to the sheriff; or
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;
S. 3 def. of notice of final demand inserted by No. 47/2014 s. 317(e).
notice of final demand has the same meaning as it has in the Fines Reform Act 2014;
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;
S. 3 def. of police officer inserted by No. 37/2014 s. 10(Sch. item 156.1).
police officer has the same meaning as in the Victoria Police Act 2013;
premises include—
land;
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;
S. 3 def. of seven day demand amended by Nos 32/2013 s. 61(c), 47/2014 s. 317(d).
seven day demand means—
a demand referred to in section 69C of the Sentencing Act 1991; or
a seven-day notice issued under the Fines Reform Act 2014;
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.
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 exercise a delegated enforcement function or power.
This Act binds the Crown, not only in right of Victoria, but also, so far as the legislative power of the Parliament permits, the Crown in all of its other capacities.
There is to be employed under Part 3 of the Public Administration Act 2004 a sheriff—
for the purposes of court and enforcement legislation; and
to assist in the administration of justice in Victoria.
The sheriff has the functions and powers conferred, and duties imposed, on the sheriff by—
court and enforcement legislation; or
a warrant.
In addition, the sheriff—
has all the functions, powers and duties at law that the sheriff employed under section 106(a) of the Supreme Court Act 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
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.
The sheriff, by instrument, may appoint as a deputised person any of the following persons employed in the Department of Justice under Part 3 of the Public Administration Act 2004—
a person employed as an executive employee (within the meaning of that Act);
a person employed as a non-executive employee (within the meaning of that Act) at a level of Grade 5, Grade 6 or Senior Technical Specialist.
The sheriff may only appoint a person as a deputised person under subsection (1) who the sheriff considers has the necessary competence, training or experience to perform or exercise a delegated enforcement function or power.
A deputised person has the functions and powers conferred on him or her, and duties imposed on him or her, under an instrument of delegation under section 9(1).
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 exercise under any other law.
Subject to this section, the sheriff, by instrument, may delegate a function or power conferred, or duty imposed, on the sheriff by court and enforcement legislation (other than this power of delegation) or a warrant to—
a deputised person; or
a sheriff's officer or class of sheriff's officer; or
an appropriately trained justice employee or class of appropriately trained justice employees.
An instrument under subsection (1)—
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
must specify the function, power or duty that is being delegated; and
may include a condition or limitation; and
may include an expiry date.
As soon as practicable after making an instrument 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.
There is to be employed under Part 3 of the Public Administration Act 2004 a deputy sheriff.
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 function or power under section 9).
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.
There are to be employed under Part 3 of the Public Administration Act 2004 sheriff's officers to assist the sheriff—
in performing his or her functions and duties; and
in exercising his or her powers.
A sheriff's officer has the functions and powers conferred on him or her, and duties imposed on him or her, under an instrument of delegation under section 9(1).
Subsection (2) does not limit the functions and powers that may be conferred, or the duties that may be imposed, on a sheriff's officer under another law.
The sheriff, by instrument, may appoint a sheriff's officer as a bailiff for the purposes of the Supreme Court Act 1986 or County Court Act 1958.
The sheriff may only appoint a sheriff's officer under subsection (1) who the sheriff considers has the necessary competence, training or experience to be a bailiff.
An appointment under subsection (1) is for the term, and subject to the conditions, specified in the instrument of appointment.
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