Commonwealth Consolidated Acts

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Marshal and Deputy Marshals

             (1)  The Marshal:

                     (a)  is charged with the service and execution of all writs, summonses, orders, warrants, precepts, process and commands of the Court that are directed to him or her; and

                     (b)  shall take, receive and detain all persons who are committed to his or her custody by the Court, and shall discharge all such persons when directed by the Court or otherwise required by law.

             (2)  A Deputy Marshal may, subject to any directions of the Marshal, exercise any power or perform any function of the Marshal.

             (3)  The Marshal or a Deputy Marshal may authorize such persons as he or she thinks fit to assist him or her in the exercise of any power or performance of any function by him or her, and any act done by a person so appointed shall be deemed to be done by and under the authority of the Marshal or Deputy Marshal, as the case may be.

             (4)  If the Marshal or a Deputy Marshal is a party to a proceeding in the Court, all writs, summonses, orders, warrants, precepts, process and commands in the proceeding that should, in the ordinary course, be directed to the Marshal or Deputy Marshal shall be directed to such disinterested person as the Court appoints, and the person so appointed may execute and return them.

             (5)  The Minister may arrange with the appropriate Minister of a State or of the Northern Territory for an officer or officers of that State or Territory to perform the functions of a Deputy Marshal in that State or Territory.

             (6)  A copy of an arrangement made under subsection (5) shall be published in the Gazette .

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