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

Statutory Rules 1994

No. 420 1

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Service and Execution of Process Regulations 2(Amendment)

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and under section 4 of the Acts Interpretation Act 1901, make the following Regulations under the Service and Execution of Process Act 1992.

Dated 20 December 1994.

 BILL HAYDEN

 Governor-General

By His Excellency’s Command,

M. LAVARCH

Attorney-General

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1.   Commencement

1.1 These Regulations commence on the date of commencement of item 19 of Schedule 1 to the Law and Justice Legislation Amendment Act (No. 2) 1994.

2.   Amendment

2.1   The Service and Execution of Process Regulations are amended as set out in these Regulations.

3.   Schedule 1 (Forms)

3.1   Form 7:

Omit the Form, substitute:

 “Form 7 Subsection 112 (3)

COMMONWEALTH OF AUSTRALIA

Service and Execution of Process Act 1992

WARRANT OF APPREHENSION

To all members of the Police Force of [State or Territory where warrant is to be executed].

(1) This warrant authorises the apprehension of [name] (“the offender”).

(2) On [date], the offender, then of [address of offender at time of sentencing court’s order] was ordered by [sentencing Court] at [place]in [State or Territory of issue] to pay [amount, including any costs or other amounts that the offender was ordered to pay] for the offence of [short description of the offence].

(3) Of that amount, the sum of [amount] remains unpaid.

(4) Because that sum remains unpaid, the offender is liable to be committed to prison in [State or Territory of issue] for [period].

(5) I have reason to believe that the offender may be in [State or Territory where warrant is to be executed].

(6) I have reason to believe that the offender may be found at [address or addresses].

You are authorised and commanded to find the offender in [State or Territory where warrant is to be executed] and after finding the offender:

• (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 Clerk1 of the [sentencing court] at [place of conviction].

Issued by me at [place] in [State or Territory of issue] on [date]

[Signature]

Clerk2 of the [sentencing court]/Justice of the Peace for [State or Territory of issue]

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1If the title of the proper officer to receive the payment is not “Clerk”, substitute the correct title.

2If the title of the issuing officer is not “Clerk”, substitute the correct title. Omit “Clerk (etc)” or “Justice of the Peace (etc)” as appropriate.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 23 December 1994.

2. Statutory Rules 1993 No. 43.