Service and Execution of Process Regulations (Cth)

STATUTORY RULES.

1925. No. 105.

REGULATIONS UNDER THE SERVICE AND EXECUTION OF PROCESS ACT 1901-1924.

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Service and Execution of Process Act 1901-1924, to come into operation forthwith.

Dated this twenty-fifth day of June, 1925.

FORSTER,

Governor-General.

By His Excellency’s Command,

LITTLETON E. GROOM,

Attorney-General.

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Service and Execution of Process Regulations.

Short title

1. These Regulations may be cited as the Service and Execution of Process Regulations.

Application of Act to Territories of Papua, New Guinea, and Norfolk Island.

2. The provisions of the Service and Execution of Process Act 1901-1924 shall apply to—

(a) the service and execution in the Territories of Papua, New Guinea and Norfolk Island of the civil and criminal process of the Courts of any State or part of the Commonwealth and the execution in these Territories of the judgments of these Courts; and

(b) the service and execution in any State or part of the Commonwealth of the civil and criminal process of the Courts of the Territories of Papua, New Guinea and Norfolk Island, and the execution in any State or part of the Commonwealth of the judgments of these courts,

in like manner as if these Territories were part of the Commonwealth:

Provided that in that application of the Act, section eight of the Act shall be read as if after paragraph (a) there were inserted the following paragraph;—

“(ab) If the writ is issued or is to be served in the Territory of Papua, the Territory of New Guinea or the Territory of Norfolk Island—Three months;”.

 

Application of Act to Territories of the Commonwealth.

3. The provisions of the Service and Execution of Process Act 1901-1924 shall apply to the service and execution in any Territory of the Commonwealth of the civil and criminal process of the Courts of any other Territory of the Commonwealth and the execution in the first-mentioned Territory of the judgments of these Courts, in like manner as if the Territories were part of the Commonwealth:

Provided that in that application of the Act section eight of the Act shall be read as if, after paragraph (a), there were inserted the following paragraph:—

“(ab) If the writ is issued in one Territory of the Commonwealth and is to be served in another Territory of the Commonwealth—Three months;”.

Rates prescribing fees.

4. (1) In the application of the Act to the Territory of New Guinea, the authority conferred by section twenty-seven of the Act upon Judges of the Supreme Court of any State to make rules prescribing fees shall, in relation to the service of the process of the Courts of that Territory and to the execution and enforcement by these Courts of the process and judgments of the Courts of the States or other Territories of the Commonwealth and the costs to be allowed upon enforcing any such judgment, be exercisable by the Chief Judge of the Central Court of the Territory.

(2) In the application of the Act to the Territory of Norfolk Island, the authority conferred by section twenty-seven of the Act upon Judges of the Supreme Court of any State to make rules prescribing fees shall, in relation to the service of the process of the Courts of that Territory and to the execution and enforcement by these Courts of the process and judgments of the Courts of the States and other Territories of the Commonwealth and the costs to be allowed upon enforcing any such judgment be exercisable by the Chief Magistrate of the Territory.

Repeat.

5. The Service and Execution of Process Regulations 1928, being Statutory Rules 1920, No, 136, as amended by Statutory. Rules 1922, Nos. 52 and 198, are hereby repealed.

 

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