Sheriff Regulations 2009

VersionNo. 002

Sheriff Regulations 2009

S.R. No. 112/2009

Version as at
17 April 2013

table of provisions

RegulationPage

Part 1—Preliminary

1Objective

2Authorising provision

3Commencement

4Definition

Part 2—Sheriff Fees

Division 1—Supreme Court fees

5Application of Division

6Fees for execution or attempted execution of warrants or other process

7Fee payable for additional address specified for execution

8Fee payable for renewal or redirection

9Fee payable for supply of duplicate warrant

Division 2—County Court fees

10Application of Division

11Fees for execution or attempted execution of warrants or other process

12Fee payable for additional address specified for execution

13Fee payable for renewal or redirection

14Fee payable for supply of duplicate warrant

Division 3—Magistrates' Court fees

15Application of Division

16Fees for execution or attempted execution of warrants or other process

17Fee payable for additional address specified for execution

18Fee payable for renewal or redirection

19Fee payable for supply of duplicate warrant

Part 3—Miscellaneous

20Prescribed court and enforcement legislation

21Prescribed specified warrant details

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ENDNOTES

1. General Information

2. Table of Amendments

3. Explanatory Details

VersionNo. 002

Sheriff Regulations 2009

S.R. No. 112/2009

Version as at
17 April 2013

Sheriff Regulations 2009

S.R. No. 112/2009

Part 1—Preliminary

1Objective

The objective of these Regulations is to prescribe—

(a)feespayable 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.

2Authorising provision

These Regulations are made under section 56 of theSheriff Act 2009.

3Commencement

These Regulations come into operation on 1October 2009.

4Definition

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

Division 1—Supreme Court fees

5Application of Division

r. 5

This Division applies to a warrant and other process directed to the sheriff issued by the Supreme Court.

6Fees 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.

7Fee 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.

8Fee payable for renewal or redirection

r. 8

(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.

9Fee 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

10Application of Division

This Division applies to a warrant and other process directed to the sheriff issued by the County Court.

11Fees 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.

12Fee payable for additional address specified for execution

r. 12

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.

13Fee 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.

14Fee 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

15Application of Division

This Division applies to a warrant and other process directed to the sheriff issued by the Magistrates' Court.

16Fees for execution or attempted execution of warrants or other process

r. 16

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.

17Fee 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.

18Fee 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.

19Fee 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

20Prescribed court and enforcement legislation

r. 20

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)theBail Act 1977;

(b)theCommonwealth Games Arrangements Act 2001;

(c)theConfiscation Act 1997;

(d)theCrown Proceedings Act 1958;

(e)theEastLink Project Act 2004;

(f)theGoods Act 1958;

(g)theImperial Acts Application Act 1980;

(h)theImprisonment of Fraudulent Debtors Act 1958;

(i) theLand Acquisition and Compensation Act 1986;

(j)theMelbourneCity Link Act 1995;

(k)theProject Development and Construction Management Act 1994;

(l)theProperty Law Act 1958;

(m)theResidential Tenancies Act 1997.

21Prescribed 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);

(c)fees payable in relation to the warrant, other than fees payable under these regulations (ifapplicable);

(d)a description of the matter to which the warrant relates;

r. 21

(e)the Act and section to which the warrant relates (if applicable).

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ENDNOTES

Endnotes

1.General Information

The Sheriff Regulations 2009, S.R.No.112/2009 were made on 29September 2009 by the Lieutenant-Governor as the Governor's deputy with the advice of the Executive Council under section 56 of theSheriff Act 2009, No.9/2009 and came into operation on 1 October 2009: regulation 3.

The Sheriff Regulations 2009 will sunset 10 years after the day of making on 29 September 2019 (see section 5 of the Subordinate Legislation Act 1994).

2.Table of Amendments

There are no amendments made to the Sheriff Regulations 2009 by statutory rules, subordinate instruments and Acts.

Endnotes

3.Explanatory Details

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 2012 is $12.53. The amount of the calculated fee may be rounded to the nearest 10cents.

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.