Victorian Numbered Acts

SHERIFF ACT 2009 (NO. 9 OF 2009) - NOTES

No. 9 of 2009

Victoria

Sheriff Act 2009^[†]

No. 9 of 2009

[Assented to 24 March 2009]

^[†]     Minister's second reading speech—

    Legislative Assembly: 9 October 2008

    Legislative Council: 4 December 2008

    The long title for the Bill for this Act was "A Bill for an Act to provide a legislative framework for the appointment of the sheriff, the deputy sheriff and sheriff's officers and their functions, powers and duties and to amend the Supreme Court Act 1986, the County Court Act 1958, the Magistrates' Court Act 1989 and the Interpretation of Legislation Act 1984 and for other purposes."

INDEX

Subject	Section
Act
amendment of other Acts	57-77
commencement	2
Crown bound by	5
purpose	1
regulations	56
savings and transitional provisions	78-85
Arrest	15, 18
Definitions	3, 4, 14, 28, 34, 39, 40, 42, 52, 78
Deputised persons	8
Deputy sheriff	10
Executed money warrants See Warrants
Information collection
definitions	52
request from specified agencies	53, 54
use of required information	55
Multiple warrants See Warrants
Offences
assault of sheriff, deputy sheriff, sheriff's officers	48
escape from lawful custody	49
failure of sheriff to give name, position	29
failure to give name and address	29
impersonation of sheriff, deputy sheriff, sheriff's officers	51
non-compliance with sheriff's directions	31
police road checks	30
rescue, attempt to rescue seized property	50
resisting sheriff, deputy sheriff, sheriff's officers	47
Police road checks	30
Property
definition	3
good title acquired by buyer from sheriff	25
recoverable property (def.)	3
sale, dealing with	24
seizure of recoverable property	19, 23
Regulations	56
Restraint	16
Savings and transitional provisions	78-85
Seven day demands	3, 14, 36, 39, 40
Sheriff
delegation	9
employment	6
functions, powers, duties – general	7
Subject	Section
powers regarding
appointment of bailiffs	12
appointment of deputised persons	8
arrest	15, 18
collection of enforcement order payments	26
collection of information	53-55
demand, receipt of payments	27
directions to persons	31
discharge of debts	33
entry and search for arrest	18
entry and search for recoverable property	19
entry for possession of premises	20
entry for service of seven day demand	17
police road checks	30
recovery of costs of enforcement, execution	32
request name, address	29
restraint	16
seizure, sale, dealing with property	23-25
use of reasonable force and assistance	21, 22
See also Warrants
Sheriff's officers	11, 12
Specified agencies
collection of information from	53-54
definition	52
Warrants
civil warrants (def.)	3
criminal warrants (def.)	3
definition	3
executed money warrants
definitions	28, 42
money warrants (def.)	3
operation of Parts 7, 11 of Infringements Act 2006 not affected	41
priority of application of combined proceeds	43-46
refund of amounts	28
reinstatement	28
execution and return	13, 14
multiple warrants
definitions	34
execution at same time	35
imprisonment before arrest	39
imprisonment before infringement	38
imprisonment, infringement, arrest	40
seizure and sale or seize property before imprisonment	37
with related seven day demands	36
payable amounts (def.)	3
warrant costs (def.)	3