Service and Execution of Process Regulations 1925 (Amendment) (Cth)

STATUTORY RULES.

1930. No. 147.

REGULATIONS UNDER THE SERVICE AND EXECUTION OF PROCESS ACT 1901-1928.

I, THE person administering the Government of the Commonwealth of Australia, with the advice of the Federal Executive Council, hereby make the following Regulations under the Service and Execution of Process Act 1901-1928, to come into operation forthwith.

Dated this ninth day of December, One thousand nine hundred and thirty.

SOMERS

Administering the Government of the

Commonwealth of Australia.

By His Excellency’s Command,

JNO. J. DALY

Acting Attorney-General.

 

Amendment of Service and Execution of Process Regulations.

(Statutory Rules 1925, No. 105.)

1. Regulation 2 of the Service and Execution of Process Regulations is amended by adding at the end thereof the following proviso:—

“Provided further that, in the application of the Act, section eighteen of the Act shall be read as if after sub-section (4.) there were inserted the following sub-sections:—

‘(4a.) Where any person has been brought before a Justice of the Peace by virtue of a warrant executed under this section and the Justice of the Peace, or a Judge, has, pursuant to the provisions of this section, made an order for the return, admittance to bail or discharge of that person, such that the person is not, or may not be, required to be returned within three months from the date of the order to the State or part of the Commonwealth in which the warrant was issued, a Justice of the High Court sitting in chambers shall, upon application for a review of the order being made to him, have jurisdiction to review the order.

‘(4b.) Any such review shall be by way of rehearing and any evidence in addition to or in substitution for the evidence given on the making of such order may be given on or in connexion with such review. On any such review a copy of any public document or copy of any document filed in any Department or office of the Commonwealth or of any State or of the Mandated Territory of New Guinea duly certified as a true copy of any such document by the person purporting by such certificate to have charge of such document shall be received in evidence of the facts stated in such copy.

‘(4c.) Upon the review of any such order the Justice may confirm or vary the order, or quash the order and substitute a new order in its stead.

‘(4d.) The order as confirmed or varied, or, in the event of an order being substituted, the order substituted, shall be executed according to its tenor as if it had been made by the Justice of the Peace or the Judge.”

 

By Authority: H. J. Green, Government Printer, Canberra.