Civil Judgments Enforcement Amendment Regulations (No. 2) 2009 (WA)

27 November 2009 GOVERNMENT GAZETTE, WA 4783

JUSTICE

.J U3 01*

Civil Judgments Enforcement Act 2004

Civil Judgments Enforcement Amendment

Regulations (No. 2) 2009

Made by the Governor in Executive Council.

1.            Citation

These regulations are the Civil Judgments Enforcement
Amendment Regulations (No. 2) 2009.

2.             Commencement

These regulations come into operation as follows —

(a)	regulations 1 and 2 — on the day on which these regulations are published in the Gazette;
(b)	the rest of the regulations — on the day after that day.

4784 GOVERNMENT GAZETTE, WA 27 November 2009

3.             Regulations amended

These regulations amend the Civil Judgments Enforcement
Regulations 2005.

4.             Regulation 3 amended

In regulation 3 insert in alphabetical order:

Act means the Civil Judgments Enforcement Act 2004;

5.             Regulation 96 amended

In regulation 96(7a) delete "until that the means" and insert:

until the means

6. ReuIation 105 amended
In regulation 105(3)(b) after "other" (second occurrence) insert:

than

7.            Regulation 106 amended

In regulation 106 delete the Table and insert:

Table

;chedule 1 items 1 and 2

;chedule 2 items 1, 6, 18 and 19

;chedule 3 items 1, 2 and 3

8.             Regulation 107A inserted

After regulation 106 insert:

107A. To whom fees must be paid

(1)	The fees specified in Schedule 1 must be paid to the Court to which the application or request or registration application concerned is made.
(2)	The fees specified in Schedule 2 and Schedule 3 (other than items 1 and 2) for an action must be paid -

(a) if the action has been or will be done by -

(i)      the Sheriff or Marshal in Admiralty: or

(ii)      a Deputy Sheriff; or

27 November 2009 GOVERNMENT GAZETTE, WA 4785

(iii)     a bailiff appointed under the Act section 107(2)(a) or (b); or

(iv)

an assistant bailiff appointed by a bailiff section 107(2)(a) or (b),

to the Sheriff or Marshal in Admiralty, as the

case requires;

(b) if the action has been or will be done by -

(i)     a bailiff appointed under the Act section 107(2)(c), (d) or (e); or

(ii)

an assistant bailiff appointed by a bailiff section 107(2)(c), (d) or (e),

to the bailiff.

(3)	If under subregulation (2)(b) fees are paid to a bailiff, the bailiff is entitled to retain the fees for his or her own use.
(4)	The fees in Schedule 3 items 1 and 2 must be paid to the Marshal in Admiralty.

9. Regulation 109 replaced
Delete regulation 109 and insert:

109.        Recovery of unpaid fees

(1) If—

(a)	a fee specified in Schedule 1 is not paid under regulation 107A(1) to a court; or
(b)	a fee specified in Schedule 2 is not paid under
regulation 107A(2)(a) to the Sheriff; or
(c)	a fee specified in Schedule 3 is not paid under regulation 107A(2)(a) or (4) to the Marshal in Admiralty,

the unpaid fee is a debt due to the State and may be

recovered in a court of competent jurisdiction.

(2) If a fee specified in Schedule 2 or Schedule 3 (other

than items 1 and 2) is not paid under
regulation I 07A(2)(b) to a bailiff, the unpaid fee is a
debt due to the bailiff and may be recovered in a court
of competent jurisdiction.

4786 GOVERNMENT GAZETTE, WA 27 November 2009

10.          Schedule 2 amended

(1)	In Schedule 2 in the heading to the Table delete "matter" and insert:
Action
(2)	In Schedule 2 item 6 Note 1 delete "matters" and insert:
actions

By Command of the Governor,

R. KENNEDY, Clerk of the Executive Council.