Sheriff Regulations 2009
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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
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Regulation Page
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PART 3—MISCELLANEOUS 7
20 Prescribed court and enforcement legislation 7
21 Prescribed specified warrant details 7
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ENDNOTES 9
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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.
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Part 1—Preliminary
Sheriff Regulations 2009
S.R. No. 112/2009
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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.
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Part 2—Sheriff Fees
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S.R. No. 112/2009
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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.
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Part 2—Sheriff Fees
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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;
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Part 2—Sheriff Fees
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(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.
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Part 2—Sheriff Fees
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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.
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Part 3—Miscellaneous
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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);
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Part 3—Miscellaneous
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(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).
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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
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