Definitions
3 Definitions
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.
This Act’s bill:Explanatory memorandumSecond reading speech
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