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Sheriff Regulations 2009

Legislation · Victoria · 2020
i Sheriff Regulations 2009 S.R. No. 112/2009 TABLE OF PROVISIONS Regulation Page PART 1—PRELIMINARY 1 1 Objective 1 2 Authorising provision 1 3 Commencement 2 4 Definition 2 PART 2—SHERIFF FEES 3 Division 1—Supreme Court fees 3 5 Application of Division 3 6 Fees for execution or attempted execution of warrants or other process 3 7 Fee payable for additional address specified for execution 3 8 Fee payable for renewal or redirection 4 9 Fee payable for supply of duplicate warrant 4 Division 2—County Court fees 4 10 Application of Division 4 11 Fees for execution or attempted execution of warrants or other process 4 12 Fee payable for additional address specified for execution 5 13 Fee payable for renewal or redirection 5 14 Fee payable for supply of duplicate warrant 5 Division 3—Magistrates' Court fees 5 15 Application of Division 5 16 Fees for execution or attempted execution of warrants or other process 6 17 Fee payable for additional address specified for execution 6 18 Fee payable for renewal or redirection 6 19 Fee payable for supply of duplicate warrant 6 -- 1 of 11 -- Regulation Page ii PART 3—MISCELLANEOUS 7 20 Prescribed court and enforcement legislation 7 21 Prescribed specified warrant details 7 ═══════════════ ENDNOTES 9 -- 2 of 11 -- 1 STATUTORY RULES 2009 S.R. No. 112/2009 Sheriff Act 2009 Sheriff Regulations 2009 The Lieutenant-Governor as the Governor's deputy with the advice of the Executive Council makes the following Regulations: Dated: 29 September 2009 Responsible Minister: ROB HULLS Attorney-General MATTHEW McBEATH Acting Clerk of the Executive Council PART 1—PRELIMINARY 1 Objective The objective of these Regulations is to prescribe— (a) fees payable for or in relation to the execution of a warrant or other process directed to the sheriff; and (b) other matters required to be prescribed under the Sheriff Act 2009. 2 Authorising provision These Regulations are made under section 56 of the Sheriff Act 2009. -- 3 of 11 -- Part 1—Preliminary Sheriff Regulations 2009 S.R. No. 112/2009 2 3 Commencement These Regulations come into operation on 1 October 2009. 4 Definition In these Regulations— combined warrant means a warrant of possession to be executed with another warrant, whether or not the warrants are contained in the same document. __________________ r. 3 -- 4 of 11 -- Part 2—Sheriff Fees Sheriff Regulations 2009 S.R. No. 112/2009 3 PART 2—SHERIFF FEES Division 1—Supreme Court fees 5 Application of Division This Division applies to a warrant and other process directed to the sheriff issued by the Supreme Court. 6 Fees for execution or attempted execution of warrants or other process (1) The fee payable for execution or attempted execution of a warrant or other process, except for a warrant of possession or a combined warrant, is— (a) 13·71 fee units for the first 4 attempts; (b) 4·27 fee units for each further 2 attempts after the first 4 attempts. (2) The fee payable for execution or attempted execution of a warrant of possession is— (a) 14·35 fee units for the first 2 attempts; (b) 12·36 fee units for each further 2 attempts after the first 2 attempts. (3) The fee payable for execution or attempted execution of a combined warrant is 17·53 fee units. 7 Fee payable for additional address specified for execution If a warrant or other process for which a fee is payable under regulation 6 specifies more than one address for execution, an additional fee of 10·45 fee units is payable for each additional address specified in the warrant or process. r. 5 -- 5 of 11 -- Part 2—Sheriff Fees Sheriff Regulations 2009 S.R. No. 112/2009 4 8 Fee payable for renewal or redirection (1) The fee payable for the renewal or redirection of a warrant or other process is 10·45 fee units. (2) If a party— (a) requests that a warrant or other process is withheld or withdrawn from execution; and (b) later instructs that the execution of that warrant or process is to proceed— the fee payable for the instruction to proceed with the warrant or other process is 10·45 fee units. 9 Fee payable for supply of duplicate warrant The fee payable for the supply by the sheriff of a duplicate copy of a warrant is 1·99 fee units. Division 2—County Court fees 10 Application of Division This Division applies to a warrant and other process directed to the sheriff issued by the County Court. 11 Fees for execution or attempted execution of warrants or other process (1) The fee payable for execution or attempted execution of a warrant or other process, except for a warrant of possession or a combined warrant, is— (a) 13·71 fee units for the first 4 attempts; (b) 4·27 fee units for each further 2 attempts after the first 4 attempts. (2) The fee payable for execution or attempted execution of a warrant of possession is— (a) 14·35 fee units for the first 2 attempts; r. 8 -- 6 of 11 -- Part 2—Sheriff Fees Sheriff Regulations 2009 S.R. No. 112/2009 5 (b) 12·36 fee units for each further 2 attempts after the first 2 attempts. (3) The fee payable for execution or attempted execution of a combined warrant is 17·53 fee units. 12 Fee payable for additional address specified for execution If a warrant or other process for which a fee is payable under regulation 11 specifies more than one address for execution, an additional fee of 10·45 fee units is payable for each additional address specified in the warrant or process. 13 Fee payable for renewal or redirection (1) The fee payable for the renewal or redirection of a warrant or other process is 10·45 fee units. (2) If a party— (a) requests that a warrant or other process is withheld or withdrawn from execution; and (b) later instructs that the execution of that warrant or process is to proceed— the fee payable for the instruction to proceed with the warrant or other process is 10·45 fee units. 14 Fee payable for supply of duplicate warrant The fee payable for the supply by the sheriff of a duplicate copy of a warrant is 1·99 fee units. Division 3—Magistrates' Court fees 15 Application of Division This Division applies to a warrant and other process directed to the sheriff issued by the Magistrates' Court. r. 12 -- 7 of 11 -- Part 2—Sheriff Fees Sheriff Regulations 2009 S.R. No. 112/2009 6 16 Fees for execution or attempted execution of warrants or other process The fee payable for execution or attempted execution of a warrant or other process is— (a) 13·71 fee units for the first 4 attempts; (b) 4·27 fee units for each further 2 attempts after the first 4 attempts. 17 Fee payable for additional address specified for execution If a warrant or other process for which a fee is payable under regulation 16 specifies more than one address for execution, an additional fee of 10·45 fee units is payable for each additional address specified in the warrant or process. 18 Fee payable for renewal or redirection (1) The fee payable for the renewal or redirection of a warrant or other process is 10·45 fee units. (2) If a party— (a) requests that a warrant or other process is withheld or withdrawn from execution; and (b) later instructs that the execution of that warrant or process is to proceed— the fee payable for the instruction to proceed with the warrant or other process is 10·45 fee units. 19 Fee payable for supply of duplicate warrant The fee payable for the supply by the sheriff of a duplicate copy of a warrant is 1·99 fee units. __________________ r. 16 -- 8 of 11 -- Part 3—Miscellaneous Sheriff Regulations 2009 S.R. No. 112/2009 7 PART 3—MISCELLANEOUS 20 Prescribed court and enforcement legislation For the purposes of the definition of court and enforcement legislation in section 3 of the Sheriff Act 2009, the following are prescribed Acts— (a) the Bail Act 1977; (b) the Commonwealth Games Arrangements Act 2001; (c) the Confiscation Act 1997; (d) the Crown Proceedings Act 1958; (e) the EastLink Project Act 2004; (f) the Goods Act 1958; (g) the Imperial Acts Application Act 1980; (h) the Imprisonment of Fraudulent Debtors Act 1958; (i) the Land Acquisition and Compensation Act 1986; (j) the Melbourne City Link Act 1995; (k) the Project Development and Construction Management Act 1994; (l) the Property Law Act 1958; (m) the Residential Tenancies Act 1997. 21 Prescribed specified warrant details For the purposes of section 14(2) of the Sheriff Act 2009, the following are prescribed details— (a) the court that issued the warrant; (b) the outstanding fine amount (if applicable); r. 20 -- 9 of 11 -- Part 3—Miscellaneous Sheriff Regulations 2009 S.R. No. 112/2009 8 (c) fees payable in relation to the warrant, other than fees payable under these regulations (if applicable); (d) a description of the matter to which the warrant relates; (e) the Act and section to which the warrant relates (if applicable). ═══════════════ r. 21 -- 10 of 11 -- Sheriff Regulations 2009 S.R. No. 112/2009 9 ENDNOTES Fee Units These Regulations provide for fees by reference to fee units within the meaning of the Monetary Units Act 2004. The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit. The value of a fee unit for the financial year commencing 1 July 2009 is $11.69. The amount of the calculated fee may be rounded to the nearest 10 cents. The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year. Endnotes -- 11 of 11 --