Victorian Current Acts

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SHERIFF ACT 2009


TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Purpose  
   2.      Commencement  
   3.      Definitions  
   4.      Meaning of appropriately trained justice employee  
   5.      Crown to be bound  

   PART 2--THE SHERIFF, THE DEPUTY SHERIFF AND SHERIFF'S OFFICERS

           Division 1--The sheriff

   6.      The sheriff  
   7.      Functions, powers and duties of the sheriff  
   8.      Sheriff may appoint certain Department of Justice employees as deputised persons  
   9.      Delegation of sheriff's enforcement functions and powers  

           Division 2--The deputy sheriff

   10.     The deputy sheriff  

           Division 3--Sheriff's officers

   11.     Sheriff's officers  
   12.     Appointment of sheriff's officers as bailiffs  

   PART 3--THE SHERIFF'S ENFORCEMENT FUNCTIONS AND POWERS

           Division 1--Execution of warrants and other processes

   13.     Execution and return of warrants and other processes  
   14.     Execution of warrants that are in electronic form  

           Division 2--Power to arrest

   15.     General power to arrest persons  

           Division 3--Power to restrain

   16.     Power to temporarily restrain person hindering execution of warrant or exercising of power under Fines Reform Act 2014  

           Division 4--Powers to enter and search

   17.     Power to enter premises for the purpose of serving seven day demand  
   18.     Power to enter and search premises in order to arrest person  
   19.     Power to enter and search premises for recoverable property  
   20.     Power to enter and take possession of real property  
   21.     Use of reasonable force and assistance to enter premises  
   22.     Requirements in relation to entry to premises to execute civil warrants  
   22A.    Entry to premises to execute multiple money warrants  

           Division 5--Powers to seize, sell anddeal with property

   23.     Sheriff may seize recoverable property  
   24.     Sheriff may sell or otherwise deal with seized property  
   25.     Buyer of property sold by sheriff acquires good title  

           Division 6--Powers to demand and receive payment

   26.     Sheriff may collect payments under notices of final demand  
   27.     Sheriff may demand and receive payment in relation to money warrants  
   28.     Reinstatement of certain money warrants after whole or part of payable amount has been paid by third party  

           Division 7--Power to request name and address

   29.     Power to request name and address for purpose of executing warrant  

           Division 8--Performance and exercise of enforcement functions and powersat police road checks

   30.     Performance and exercise of enforcement functions and powers at police road checks  

           Division 9--Other enforcement powers

   31.     Power to direct a person to do something  

           Division 10--Costs and expensesof execution of warrants

   32.     Sheriff may recover reasonable costs and expenses of execution  

           Division 11--Miscellaneous matters

   33.     Sheriff's duties on receipt of money to satisfy debt or on seizing property  
   33A.    How unsold property to be handled  

   PART 4--EXECUTION OF MULTIPLE WARRANTS

           Division 1--Execution of more than one warrant at the same time

   34.     Definitions  
   35.     All warrants in a multiple warrant situation must be executed at the same time  
   36.     Execution of warrants with related seven day demands  
   37.     Execution of warrant of seizure and sale or to seize property and warrant to imprison  
   38.     Execution of warrant to imprison and enforcement warrant  
   39.     Execution of warrant to imprison and warrant to arrest  
   40.     Execution of warrant to imprison, warrant to arrest and enforcement warrant  

           Division 2--Application of proceeds from executed money warrants

   41.     Division does not affect the operation of Part 9 or Part 11 of the Fines Reform Act 2014  
   42.     Definitions  
   43.     Priority of application of proceeds of executed warrants  
   44.     Payable amounts under warrants to imprison to be applied first  
   45.     How payable amounts under warrants to arrest and other non-imprisonment warrants are to be applied  
   46.     How payable amounts under other money warrants are to be applied  

   PART 5--GENERAL

           Division 1--Offences

   47.     Offence to resist sheriff, deputy sheriff, sheriff's officer or justice employee  
   48.     Offence to assault sheriff, deputy sheriff, sheriff's officer or justice employee  
   49.     Offence to escape from lawful custody of sheriff, deputy sheriff, sheriff's officer or justice employee  
   50.     Offence to rescue or attempt to rescue goods  
   51.     Offence to impersonate sheriff, deputy sheriff, sheriff's officer or justice employee  

           Division 2--Information collection

   52.     Definitions  
   53.     Sheriff may request required information from specified agency for purpose of executing warrants  
   54.     Specified agency must comply unless certain cases apply  
   55.     Restriction on sheriff in relation to use of required information  
   55A.    Access to and use of information held by credit reporting bodies  

           Division 2A--Service of foreign, interstate and Commonwealth judicial documents

   55B.    Service of certain judicial documents  

           Division 3--Regulations

   56.     Regulations  

   PART 6--AMENDMENTS, SAVINGS AND TRANSITIONALS

           Division 5--Savings and transitionals

   78.     Definition  
   79.     Saving of office of sheriff  
   80.     Saving of office of deputy sheriff  
   81.     Savings provision—sheriff's officers  
   82.     Transitional provision—deputised persons  
   83.     Transitional provision—sheriff's officers who are bailiffs for purposes of Supreme Court Act 1986  
   84.     Transitional provision—sheriff's officers who are bailiffs of the County Court  
   85.     Application of Act to a warrant and other process issued but not executed before commencement day  
           ENDNOTES


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