Service and Execution of Process Act 1958 (Cth)

SERVICE AND EXECUTION OF PROCESS.

 

No. 6 of 1958.

An Act to amend the Service and Execution of Process Act 1901–1953.

[Assented to 23rd April, 1958.]

BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation.

1.—(1.) This Act may be cited as the Service and Execution of Process Act 1958.

(2.) The Service and Execution of Process Act 1901–1953 is in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the Service and Execution of Process Act 1901–1958.

Commencement.

2.This Act shall come into operation on the day on which it receives the Royal Assent.

Definitions.

3. Section three of the Principal Act is amended by omitting from paragraph (f) the word “King” (wherever occurring) and inserting in its stead the word “Crown”.

Subpoena or summons to witness may be served in another State by leave of a Court, &c.

4.Section sixteen of the Principal Act is amended—

(a)by omitting from sub-section (1.) the words “by any Court or Judge, or Police, Stipendiary, or Special Magistrate” and inserting in their stead the words “by or out of a Court, or by a Judge, a Police, Stipendiary or Special Magistrate or a Coroner,”;

 

(b)by inserting in sub-section (1.), after the word “proceeding”, the words “(including any proceeding before a Coroner)”;

(c) by omitting from sub-sections (1.) and (2.) the words “or Magistrate” (wherever occurring) and inserting in their stead the words “Magistrate or Coroner”; and

(d) by omitting sub-section (3.).

Backing of warrant for execution out of the State or part of the Commonwealth in which it was issued.

5. Section eighteen of the Principal Act is amended—

(a)by inserting in sub-section (1.), after the word “Magistrate,” (first occurring), the words “a Coroner,”;

(b)by inserting in sub-section (1.), after the words “in accordance with”, the words “section sixteen of this Act or”; and

(c