Australian Capital Territory Repealed Regulations

This legislation has been repealed.

MAGISTRATES COURT (CIVIL JURISDICTION) RULES 2004 (REPEALED) - REG 303

    (1)     A warrant shall be in accordance with form 78 and shall—

        (a)     be signed by the registrar; and

        (b)     name, or otherwise describe, the person whose apprehension is required by the warrant; and

        (c)     state briefly the reason for its issue; and

        (d)     require the bailiff to apprehend the person named or described, if the person is in the ACT, and to bring that person before the registrar to be examined; and

        (e)     continue in force until—

              (i)     the warrant is executed; or

              (ii)     the warrant is revoked by order of the court (because the judgment debt has been paid or for any other reason) and the revocation is communicated to the bailiff in whose hands the warrant is for execution; or

              (iii)     the end of 3 months after the warrant is issued;

whichever occurs first.

    (2)     For subsection (1) (d), the bailiff may enter and search any premises where the bailiff suspects the person to be, using such force as is necessary and reasonable.

    (3)     For subsection (1) (e) (i), a warrant is executed when—

        (a)     the person whose apprehension is required has been examined; or

        (b)     the examination is adjourned to another day; or

        (c)     the examination is struck out;

whichever occurs first.