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

STATUTORY RULES.

1931. No. 27.

 

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

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following regulation under the Service and Execution of Process Act 1901-1928, to come into operation forthwith.

Dated this thirteenth day of March, 1931.

ISAAC A. ISAACS

Governor-General.

By His Excellency’s Command,

FRANK BRENNAN

Attorney-General.

 

Amendment of Service and Execution of Process Regulations.

(Statutory Rules 1925, No. 105, as amended by Statutory Rules 1930, No. 147.)

After regulation three of the Service and Execution of Process Regulations the following regulation is inserted:—

Modification of Act in an application to Territory for Seat of Government.

“3a. In the application of the Service and Execution of Process Act 1901-1928 to the service and execution in any State or part of a State or part of the Commonwealth of the civil and criminal process of the Courts of the Territory for the Seat of Government—

(а) sub-section (1.) of section fifteen shall be read as if for the words “Court or Judge or Police, Stipendiary, or Special Magistrate” there were substituted the words “Court, Judge, Magistrate or Clerk”;

(b) sub-section (3.) of section fifteen shall be read as if for the words “such Court, Judge or Magistrate” there were substituted the words “the Court before which such person has been commanded to appear”;

(c) sub-section (1.) of section sixteen shall be read as if for the words “Court or Judge, or Police, Stipendiary, or Special Magistrate” there were substituted the words “Court, Judge, Magistrate or Clerk”;

(d) sub-section (1.) of section sixteen shall be read as if for the words “Court, Judge, or Magistrate” (wherever occurring) there were substituted the words “Court, Judge, Magistrate or Clerk”;

613.—Price 3d.

 

(e) sub-section (2.) of section sixteen shall be read as if for the w ords “such Court, Judge or Magistrate or any other Police, Stipendiary, or Special Magistrate having jurisdiction in the State or part of the State or part of the Commonwealth, in which the subpoena or summons was issued” there were substituted the words “the Court before which he is required to appear

(f) sub-section (2.) of section sixteen shall be read as if for the words “such Court, Judge or Magistrate” (last occurring) there were substituted the words “the Court”;

(g) sub-section (1.) of section eighteen shall be read as if for the words “Court or Judge or any Justice of the Peace” there were substituted the words “Court, Judge, Magistrate or Clerk”;

(h)sub-section (3.) of section eighteen shall be read as if for the words “Justice of the Peace” (last occurring) there were substituted the words “Magistrate or Clerk”; and

(i) sub-section (1.) of section eighteen shall be read as if for the word “Justice” (last occurring) there were substituted the words “Magistrate or Clerk”.

 

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