Service and Execution of Process Regulations 1993 (Cth)
made under the
This compilation was prepared on 23 December 2003
taking into account amendments up to SR 2003 No. 345
Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra
These Regulations are the
Service and Execution of Process Regulations 1993 .
These Regulations commence on 10 April 1993.
(1) In these Regulations, unless the contrary intention appears:
the Act means theService and Execution of Process Act 1992 .
(2) In these Regulations, a reference to a form by number is a reference to the form so numbered in Schedule 1.
(1) For the purposes of a provision of the Act specified in a paragraph of this subregulation, the prescribed notice is a notice in the form identified by number in that paragraph:
(a) section 16 — Form 1;
(b) paragraph 31 (a) — Form 2;
(c) section 41 — Form 3;
(d) section 51 — Form 4;
(e) paragraph 59 (a) — Form 5;
(f) section 69 — Form 6.
(2) For the purposes of a provision of the Act specified in a paragraph of this subregulation, the prescribed form is the form identified by number in that paragraph:
(a) subsection 112 (3) — Form 7;
(b) subsection 117 (2) — Form 8.
For paragraph (b) of the definition of
authority in section 81A of the Act, the bodies and persons mentioned in Schedule 1A are prescribed.
For the purposes of subsection 84 (9) of the Act, the person taken to be in charge of the correction service of the State or Territory mentioned in Column 2 of an item in Schedule 2 is the person holding or performing the duties of the office mentioned in Column 3 of that item.
(1) For paragraph (b) of the definition of
enforcement officer in subsection 110 (1) of the Act, New South Wales, Victoria, South Australia and the Australian Capital Territory are prescribed.(2) For paragraph (c) of the definition of
enforcement officer in subsection 110 (1) of the Act, the Australian Capital Territory is prescribed.
(regulation 4)
(Section 16)
Notice to defendant
Please read this notice and the attached document very carefully
If you have any trouble understanding them you should get legal advice as soon as possible
Attached to this notice is a [
Service of the attached process
outside [
is authorised by the
Your rights
If a court of a State or Territory
other than [
2 have the proceeding stayed by applying to the [issuing court ].
3 apply to the Supreme Court in [State or Territory of issue ] to have the proceeding transferred to another Supreme Court, or another superior court.
If you think the proceeding should be stayed or transferred you should get legal advice as soon as possible.
Contesting this claim
If you want to contest this claim, you must take any action set out in the attached process as being necessary to contest the claim.
[
The appearance
______________
If the law of the State or Territory of issue would allow a longer period than 21 days for filing an appearance in the case of service within the State or Territory, substitute that longer period. If that law would allow different periods for service within the State or Territory, depending on the place of service, and at least one of those periods would be longer than 21 days, substitute the longest of those periods.
(section 31)
Notice to witness
This notice is very important
Please read it and the attached document or documents very carefully
If you have any trouble understanding them you should get legal advice as soon as possible
Attached to this notice is a
subpoena
Service of the attached subpoena
outside [
Your rights
You may be able to apply to a court or authority to set aside or obtain other relief in respect of the attached subpoena. If you would like to make an application you should get legal advice as soon as possible.
Your obligations
You must obey the attached subpoena if:
(a) at the time of service or at some reasonable time before [
date for compliance ] you were offered or given either:
(i) enough money to meet your reasonable expenses in obeying it, including any travel and accommodation costs; or
(ii) a combination of money, travel tickets and vouchers to meet those expenses; and
(b) either:
(i) you received the attached subpoena at least 14
2 days before [date for compliance ]; or
(ii) you received the attached subpoena less than 14
2 before [date for compliance ] and you received with the attached subpoena a copy of an order made by to be served less than 142 days before [date for compliance ]
If the attached subpoena only
requires production of documents or things, you may comply with the attached
subpoena by delivering the documents or things at least 24 hours before [
This is most important
If you are subject to a restriction on your movements that you might breach if you comply with the attached subpoena, there are some additional actions you must take for your own protection.
The restriction on you could be imposed as:
(a) conditions of bail; or
(b) conditional release from prison; or
(c) conditions of probation; or
(d) home or periodic detention; or
(e) a community service order, community based order, attendance order or work and development order; or
(f) some other restriction on your movements imposed by law or by order of a court.
If you are under a restriction of this kind, you must, as soon as practicable after you receive the attached subpoena, inform your supervisor of the service of the attached subpoena. If you are on bail, and your bail is subject to a condition that you report periodically, your supervisor is the police officer or correction service officer you report to. If you are not on bail, or if you are on bail but are not required to report periodically, your supervisor is the person who supervises your compliance with an order or restriction.
Also, you must, as soon as practicable, inform:
the [
of the restriction to which you are subject.
You must take all reasonable steps to have the restriction varied so that you can comply with the attached subpoena.
If the restriction is not varied, you must inform:
the [
(a) of the steps you took to have the restriction or obligation varied, and that the restriction or obligation has not been varied; or
(b) that the law does not permit that variation,
whichever is the case.
______________
(section 41)
Notice to witness
This notice is very important
Please read it and the attached document or documents very carefully
If you have any trouble understanding them you should ask to receive legal advice as soon as possible
Attached to this notice is a
subpoena
Service of the attached subpoena
outside [
An order, called an order for
production, based on the attached subpoena has been served on the person in
charge of the institution or place in which you are held. Under this order you
will be taken to [
Your rights
The person in charge of the institution or place in which you are held must provide any assistance that you reasonably require to:
(a) apply to set aside or obtain other relief from the attached subpoena; or
(b) apply to set aside or vary the order for production relating to the attached subpoena; or
(c) obtain legal advice.
You may be able to apply to a court or authority to set aside or obtain other relief in respect of the attached subpoena or the order for production. If you would like to make an application you should ask for assistance to obtain legal advice as soon as possible. If you make an application of this kind, you must, within 24 hours, give a copy to the person in charge of the institution or place in which you are held.
You will only be able to apply for the order for production to be varied or set aside if complying with it would have a substantial detrimental effect on your health or safety.
If the person in charge of the institution or place in which you are held makes an application to set aside or vary the order for production, you must be given a copy of that application within 24 hours of its being made.
Your obligations on release from custody
If you are released from the
institution or place where you are held before [
(a) there is sufficient time between when you are released and [
date for compliance ] for it to be reasonably practicable for you to comply with the attached subpoena; and(b) a copy of the order for production was served on you with the attached subpoena; and
(c) within a reasonable time after you were released you were offered or given:
(i) enough money to meet your reasonable expenses in obeying it, including any travel and accommodation costs; or
(ii) a combination of money, travel tickets and vouchers to meet those expenses.
This is most important
If, after your release, you are subject to a restriction on your movements that you might breach if you comply with the attached subpoena, there are some additional actions you must take for your own protection.
The restriction on you could be imposed as:
(a) conditions of bail; or
(b) conditional release from prison; or
(c) conditions of probation; or
(d) home or periodic detention; or
(e) a community service order, community based order, attendance order or work and development order; or
(f) some other restriction on your movements imposed by law or by order of a court.
If you are under a restriction of that kind, you must, as soon as practicable after you are released, inform your supervisor of the service of the attached subpoena. If you are on bail, and your bail is subject to a condition that you report periodically, your supervisor is the police officer or correction service officer you report to. If you are not on bail, or if you are on bail but are not required to report periodically, your supervisor is the person who supervises your compliance with an order or restriction.
Also, you must, as soon as practicable, inform:
the [
of the restriction to which you are subject.
You must take all reasonable steps to have the restriction varied so that you can comply with the attached subpoena.
If the restriction is not varied, you must inform:
the [
of the restriction to which you are subject, and:
(a) of the steps you took to have the restriction varied, and that the restriction has not been varied; or
(b) that the law does not permit that variation;
whichever is the case.
______________
(section 51)
Notice to respondent
You should read this notice and the attached document very carefully
If you have any trouble understanding them you should get legal advice as soon as possible
Attached to this notice is a [
Service of the attached process
outside [
(a) real property within [
State or Territory of issue ]; or(b) a contract, wherever made, for the supply of goods or the provision of services of any kind (including financial services) within [
State or Territory of issue ]; or(c) an act or omission within [
State or Territory of issue ]; or(d) the carrying on of a profession, trade or occupation within [
State or Territory of issue ]; or(e) a pension or benefit under a law of [
State or Territory of issue ]; or(f) the validity of an act or transaction under a law of [
State or Territory of issue ].
The attached process is served in
reliance on item(s) [
Your rights
If you think that none of the
above items applies in this case, you should get legal advice as soon as
possible on what to do to stop the [
Contesting this claim
If you want to contest this claim, you must take any action set out in the attached process as being necessary to contest the claim.
[
The appearance
______________
(section 59)
Notice to witness
This notice is very important
Please read it and the attached documents very carefully
If you have any trouble understanding them you should get legal advice as soon as possible
Attached to this notice is a
subpoena1 (“the attached subpoena”)
that is a subpoena for the purposes of the
Service of the attached subpoena
outside [
Your rights
You may be able to apply to the:
2[
issuing tribunal ] or to a court3Supreme Court of [
State or Territory of issue ]
to set aside or obtain other relief in respect of the attached subpoena. If you would like to make an application you should get legal advice as soon as possible.
Your obligations
You must obey the attached subpoena if:
(a) at the time of service or at some reasonable time before [
date for compliance ] you were offered or given:
(i) enough money to meet your reasonable expenses in obeying it, including any travel and accommodation costs; or
(ii) a combination of money, travel tickets and vouchers to meet those expenses; and
(b) you received with the attached subpoena a copy of an order from a court in [
State or Territory of issue ] permitting the attached subpoena to be served outside [State or Territory of issue ] and specifying the day before which it must be served.
If the attached subpoena only
requires production of documents or things you may comply with the attached
subpoena by delivering the documents or things at least 24 hours before [
This is most important
If you are subject to a restriction on your movements that you might breach if you comply with the attached subpoena, there are some additional actions you must take for your own protection.
The restriction on you could be imposed as:
(a) conditions of bail; or
(b) conditional release from prison; or
(c) conditions of probation; or
(d) home or periodic detention; or
(e) a community service order, community based order, attendance order or work and development order; or
(f) some other restriction on your movements imposed by law or by order of a court.
If you are under a restriction of that kind, you must, as soon as practicable after you receive the attached subpoena, inform your supervisor of the service of the attached subpoena. If you are on bail, and your bail is subject to a condition that you report periodically, your supervisor is the police officer or correction service officer that you report to. If you are not on bail, or if you are on bail but are not required to report periodically, your supervisor is the person who supervises your compliance with an order or restriction.
Also you must, as soon as practicable, inform:
the [
issuing tribunal ]5and [
person at whose request the subpoena was issued ];
of the restriction to which you are subject.
You must take all reasonable steps to have the restriction varied so that you can comply with the attached subpoena.
If the restriction is not varied you must inform:
the [
issuing tribunal ]5and [
person at whose request the subpoena was issued ];
either:
(a) of the steps you took to have the restriction or obligation varied, and that the restriction or obligation has not been varied; or
(b) that the law does not permit that variation;
whichever is the case.
______________
1If the process to be served is not called a subpoena, substitute the name of the process for the word ‘subpoena’.
2Omit if the subpoena is issued in the performance of an investigative function.
3Omit if the subpoena is issued in the performance of an adjudicative function.
4If the proper officer is not called the Secretary, substitute the correct title.
5Omit if the subpoena was not issued at the request of a person.
(section 69)
Notice to witness
This notice is very important
Please read it and the attached document or documents very carefully
If you have any trouble understanding them you should ask to receive legal advice as soon as possible
Attached to this notice is a
subpoena (“the attached subpoena”) that is a subpoena for the purposes of the
Service of the attached subpoena
outside [
An order, called an order for
production, based on the attached subpoena has been served on the person in
charge of the institution or place in which you are held. Under this order you
will be taken to [
Your rights
The person in charge of the institution or place in which you are held must provide any assistance that you reasonably require to:
(a) apply to set aside or obtain other relief from the attached subpoena; or
(b) apply to set aside or vary the order for production relating to the attached subpoena; or
(c) obtain legal advice.
You may be able to apply to the:
to set aside or obtain other relief in respect of the attached subpoena or the order for production. If you would like to make an application you should ask for assistance to obtain legal advice as soon as possible. If you make an application of this kind, you must, within 24 hours, give a copy to the person in charge of the institution or place in which you are held.
You will only be able to apply for the order for production to be varied or set aside if complying with it would have a substantial detrimental effect on your health or safety.
If the person in charge of the institution or place in which you are held makes an application to set aside or vary the order for production, you must be given a copy of that application within 24 hours of its being made.
Your obligations on release from custody
If
you are released from the institution or place where you are held before [
(a) there is sufficient time between when you are released and [
date for compliance ] for it to be reasonably practicable for you to comply with the attached subpoena; and(b) a copy of the order for production was served on you with the attached subpoena; and
(c) within a reasonable time after you were released you were offered or given:
(i) enough money to meet your reasonable expenses in obeying it, including any travel and accommodation costs;
(ii) a combination of money, travel tickets and vouchers to meet those expenses.
This is most important
If, after your release, you are subject to a restriction on your movements that you might breach if you comply with the attached subpoena, there are some additional actions you must take for your own protection.
The restriction on you could be imposed as:
(a) conditions of bail; or
(b) conditional release from prison; or
(c) conditions of probation; or
(d) home or periodic detention; or
(e) a community service, community based, attendance or work and development order; or
(f) some other restriction on your movements imposed by law or by order of a court.
If you are under a restriction of that kind, you must, as soon as practicable after you are released, inform your supervisor of the service of the attached subpoena. If you are on bail, and your bail is subject to a condition that you report periodically, your supervisor is the police officer or correction service officer you report to. If you are not on bail, or if you are on bail but are not required to report periodically, your supervisor is the person who supervises your compliance with an order or restriction.
Also, you must, as soon as practicable, inform:
the [
of the restriction to which you are subject.
You must take all reasonable steps to have the restriction varied so that you can comply with the attached subpoena.
If the restriction is not varied, you must inform:
the [
either:
(a) of the steps you took to have the restriction varied, and that the restriction has not been varied; or
(b) that the law does not permit that variation;
whichever is the case.
______________
(subsection 112 (3))
Commonwealth of Australia
Warrant of apprehension
To all enforcement officers of [
[
(1) This warrant authorises the apprehension of [
(2) On
[
(3) Of
that amount, the sum of [
(4) Because
that sum remains unpaid, the offender is liable to be committed to prison in [
(5) I
have reason to believe that the offender may be in [
(6) I
have reason to believe that the offender may be found at [
You are authorised and commanded
to find the offender in [
(a) to give the offender an opportunity of paying to you without delay the whole of the unpaid amount referred to in paragraph (3) above; and
(b) if the offender does not pay that unpaid amount to you without delay, to apprehend the offender and bring the offender before a Court of [
State or Territory where warrant is to be executed ] having jurisdiction in relation to the summary trial of all or any offences under the law of [State or Territory where warrant is to be executed ].
If the offender pays that unpaid
amount to you without delay, you are to cause it to be sent to the Clerk
Issued by me at [
[
Clerk
______________
(subsection 117 (2))
Commonwealth of Australia
Warrant of commitment
To all enforcement officers of [
and to
the person in charge of the prison
at [
[
(1) This warrant authorises the conveying to prison, and
imprisonment, of [
(2) On [
(3) The offender appeared or was brought before the [
(4) It appeared to that Court that, of the amount referred to in
paragraph (2), the sum of [
(5) Because that sum remained unpaid, the offender was committed
to prison for [
You, the enforcement officers of [
You, the person in charge of that
prison, are authorised and commanded to receive the offender into your custody
in that prison and hold the offender in that prison for [
Issued by me at [
Clerk
(regulation 4A)
1.1 The Parole Board constituted under section 183 of the
Crimes (Administration of Sentences) Act 1999 (NSW)
2.1 The Adult Parole Board established by section 61 of the
Corrections Act 1986 (Vic)2.2 The Youth Residential Board established under section 204 of the
Children and Young Persons Act 1989 (Vic)2.3 The Youth Parole Board established under section 215 of the
Children and Young Persons Act 1989 (Vic)
3.1 The Director-General of the Queensland Department of Corrective Services
3.2 The Queensland Community Corrections Board established under section 156 of the
Corrective Services Act 2000 (Qld)3.3 A regional community corrections board established under section 170 of the
Corrective Services Act 2000 (Qld)
4.1 The Parole Board established under section 102 of the
Sentence Administration Act 2003 (WA)4.2 The Mentally Impaired Defendants Review Board established under section 41 of the
Criminal Law (Mentally Impaired Defendants) Act 1996 (WA)4.3 The Supervised Release Review Board established under section 151 of the
Young Offenders Act 1994 (WA)4.4 The Director General of the Western Australian Department of Justice
5.1 The Parole Board established under section 62 of the
Corrections Act 1997 (Tas)
(regulation 5)
1 | Australian Capital Territory | Director Corrective Services |
2 | New South Wales | Director Community Corrections |
3 | Norfolk Island | Gaoler |
4 | Northern Territory | Director Correctional Services |
5 | Queensland | Director-General Corrective Services |
6 | South Australia | Executive Director Department of Correctional Services |
7 | Tasmania | Director Corrective Services |
8 | Victoria | Director Correctional Services |
9 | Western Australia | Executive Director Department of Corrective Services |
The
1993 No. 43 | 7 Apr 1993 | 10 Apr 1993 | ||
1993 No. 63 | 4 May 1993 | 4 May 1993 | — | |
1994 No. 420 | 23 Dec 1994 | 26
Dec 1994 ( | — | |
1997 No. 250 | 24 Sept 1997 | 17
Oct 1997 ( | — | |
2003 No. 345 | 23 Dec 2003 | 23 Dec 2003 | — | |
am. = amended rep. = repealed rs. = repealed and substituted | |
R. 1........................................ | rs. 2003 No. 345 |
R. 4A..................................... | ad. 2003 No. 345 |
R. 6........................................ | ad. 1997 No. 250 |
... Form 1............................... | 1993 No. 43 |
am. 1997 No. 250 | |
... Forms 2–4......................... | 1993 No. 43 |
... Form 5............................... | 1993 No. 43 |
rs. 1993 No. 63 | |
... Form 6............................... | 1993 No. 43 |
... Form 7............................... | 1993 No. 43 |
rs. 1994 No. 420 | |
am. 1997 No. 250 | |
... Form 8............................... | 1993 No. 43 |
am. 1997 No. 250 | |
Schedule 1A......................... | ad. 2003 No. 345 |
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