Sheriff Act 1962 (NT)
NORTHERN TERRITORY OF AUSTRALIA
SHERIFF ACT 1962
As in force at 5 January 2018
NORTHERN TERRITORY OF AUSTRALIA
As in force at 5 January 2018
SHERIFF ACT 1962
An Act relating to the offices of sheriff and bailiff and to other matters
This Act may be cited as the
(1) The
Sheriff Ordinance 1911 is repealed.(2) The Acts and Ordinances of the State of South Australia which are specified in the Schedule cease, to the extent specified in that Schedule, to apply to the Territory.
A reference to a sheriff or deputy sheriff in any other Act shall be construed as a reference to a sheriff or deputy sheriff, as the case may be, appointed under this Act.
In this Act:
(1) The Attorney-General may appoint:
(a) a person to be the sheriff; and
(b) such persons to be deputy sheriffs, bailiffs and other officers of the sheriff as the Attorney-General thinks necessary to assist the sheriff.
(2) A person appointed under subsection (1) holds office during the pleasure of the Attorney-General.
(2A) The Chief Justice may appoint a person to be the acting sheriff and a person so appointed:
(a) has the same powers and functions as the sheriff; and
(b) holds office during the pleasure of the Chief Justice.
6 Power of sheriff to appoint deputy sheriff, &c. The sheriff may by writing under his hand appoint a person to be a deputy sheriff, bailiff or other officer of the sheriff for the purpose of a particular proceeding or during a period specified in the instrument of appointment.
(1) It is the duty of the sheriff:
(a) to serve or execute all writs, summonses, orders, warrants, precepts, process and commands of the Court that are directed to him, and to make such return of them to the Court, together with the manner of their execution, as he is required by them;
(b) to take, receive and detain all persons who are committed to the custody of the Court, or the sheriff and to discharge all such persons when directed so to do by the Court or by any law in force in the Territory; and
(c) to perform all such other duties as are imposed upon him by this Act or another Act or by rules of court or the direction of the Court or a Judge.
(2) The duties imposed upon the sheriff under subsection (1) shall be in addition to and shall not derogate from the duties imposed upon him by or under any other law in force in the Territory.
(3) The sheriff is an officer of the Court.
(2) Subject to this section, to any directions of the sheriff and to the terms of his appointment, a deputy sheriff may exercise the powers and shall perform the duties and functions of the sheriff.
(3) In particular a deputy sheriff must, in accordance with the terms of the deputy’s appointment, but subject to any directions of the sheriff:
(a) execute any process of the Court directed to the sheriff; and
(b) make return of such a process, together with the manner of its execution; and
(c) receive any person who is committed to the custody of the sheriff and ensure the person is:
(i) accommodated at a custodial correctional facility or detention centre in accordance with an arrangement under section 12A; or
(ii) detained at some other place; and
(d) do or perform any other thing which the sheriff is bound to do or perform.
10 Status and duties of bailiffs Every bailiff appointed under this Act is an officer of the sheriff and shall execute all warrants, orders and precepts of the sheriff directed to him and in all respects perform the same duties as were before the commencement of this Act performed by the officers of the sheriff.
(1) The Attorney-General may require a bailiff to give security to the Territory, by bond of himself and 2 responsible sureties or in such other manner as the Attorney-General requires, for the due performance by him of the duties of his office and for the due payment by him to the sheriff, or as the sheriff directs, of all moneys which come into his hands in the execution of the duties of his office.
(2) On a bond so given, the Attorney-General may sue in the name of the Territory in any court having jurisdiction up to the amount claimed.
Where any process is awarded or issued against the sheriff or where, in the opinion of the Court or a Judge, circumstances render it improper for the sheriff to execute any process, the Court or the Judge may direct the process to any fit person appointed by the Court or the Judge.
(1) The sheriff may make such arrangements with the Commissioner of Correctional Services, or Chief Executive Officer (as defined in section 19 of the
Public Sector Employment and Management Act 1993 ) of the Agency responsible for youth justice, as are necessary and appropriate for accommodating persons who are in the custody of the sheriff at custodial correctional facilities or detention centres.(2) A person who is accommodated at a custodial correctional facility or detention centre under such an arrangement is taken to remain in the custody of the sheriff.
Where the sheriff or an officer of the sheriff has arrested a person under or by virtue of any process, the sheriff or officer may immediately convey the person, or cause the person to be conveyed, to the custodial correctional facility or detention centre to which the person is to be sent by virtue of the process issued against the person..
(1) If the sheriff finds any resistance in the execution of any process, he shall take with him such assistants as he thinks desirable and go in person to the execution and, using such assistants as he thinks necessary, may arrest the resisters and bring them before a justice of the peace to be dealt with according to law.
(2) A person who resists:
(a) the sheriff;
(b) an officer of the sheriff; or
(c) a person acting under subsection (1) as an assistant of the sheriff,
in the execution of any process is guilty of an offence punishable on a finding of guilt by imprisonment for a term not exceeding one year.
The sheriff shall, at the request of a person delivering a process to him for execution, give a receipt for the process, stating the day and time of its delivery.
(1) Where the sheriff or any other person employed in collecting by process from any court a debt due to the Territory receives from a person a sum as being due to the Territory, the sheriff or the first mentioned person shall give the last mentioned person a receipt for that sum and the sheriff shall, on becoming aware of the receipt, without delay take all necessary steps to procure in respect of that sum the effective discharge of the person paying it.
(2) A person receiving a sum to which subsection (1) applies shall account first to the sheriff and the sheriff shall give a receipt for the sum.
(1) The sheriff shall attend upon all criminal sittings of the Court and upon other sittings when required to do so by the Court or a Judge.
(2) If at any time the sheriff is not in attendance upon the Court, the Court or a Judge may appoint a person to exercise and perform, during any period or in any matter ordered by the Court or the Judge, such powers and duties of the sheriff as the Court or the Judge specifies.
(3) The Court or a Judge may issue to the person so appointed instead of to the sheriff any process or direction authorized to be issued to the sheriff.
(1) An outgoing sheriff:
(a) shall, on ceasing to be sheriff, make out and deliver to the incoming sheriff a correct list and account of:
(i) all persons who are then in the sheriff’s custody;
(ii) all processes directed to him by the Court but not wholly executed by him; and
(iii) all other matters in which duties imposed upon him by rules of court, the direction of the Court or a Judge or this Act are not wholly performed by him,
with such particulars as are necessary to explain to the incoming sheriff the several matters intended by the outgoing sheriff to be transferred to the incoming sheriff; and
(b) shall thereupon transfer to the custody of the incoming sheriff the persons, processes and matters specified in paragraph (a) and all records, books and matters relating to the office of sheriff.
(2) The incoming sheriff:
(a) shall thereupon sign and give to the outgoing sheriff a duplicate of the list and account; and
(b) shall thereupon stand charged with:
(i) the custody of the persons so transferred to his custody; and
(ii) the execution of the processes and the performance of the duties relating to the matters contained in the list and account.
(3) A duplicate of the list and account, signed and given in accordance with subsection (2) shall be a good and sufficient discharge to the outgoing sheriff of and from:
(a) the custody of the persons; and
(b) the execution of the processes and the performance of the duties relating to the matters contained in the list and account.
20 Sale by sheriff The sheriff may sell by public auction property of any kind taken in execution.
(1) The sheriff shall not be personally liable for any wrongful act or default of an officer of the sheriff.
(2) The sheriff and every officer of the sheriff shall be liable each for his own wrongful acts and defaults in the same manner and to the same extent as before the commencement of this Act.
(1) Subject to subsection (2), if a person is in the custody of the sheriff, an officer of the sheriff or any other person:
(a) in execution or for non-performance of a judgment or order of the Court;
(b) for contempt of court; or
(c) otherwise in the course of a civil proceeding,
and the first mentioned person escapes out of legal custody, the sheriff, the officer of the sheriff or the other person shall be liable to pay the damages sustained by the person at whose suit the first mentioned person was taken into custody and all costs of any proceedings to recover those damages but no further sum.
(2) A person is not liable under section 21 for the escape of a person from a custodial correctional facility or detention centre.
(1) The Administrator shall satisfy any judgment obtained against the sheriff, any officer of the sheriff or any other person for a wrongful act done or default committed by the sheriff or that officer of the sheriff or other person in the execution or intended execution of his duties under this Act.
(2) The sheriff or officer of the sheriff in respect of whose wrongful act or default the Administrator has paid any money under subsection (1) shall be liable to indemnify the Administrator for any money so paid; but the Attorney-General may, if in his opinion it is just to do so, exempt the sheriff or any officer of the sheriff from his liability under this subsection in any particular case.
(1) The sheriff or an officer of the sheriff concerned in the execution of any process directed to the sheriff may demand, take and receive such fees relating to the execution of the process as are fixed by the regulations.
(2) No poundage shall be payable to the sheriff or any officer of the sheriff for taking the body of any person in execution.
The sheriff shall not, by reason of holding office as sheriff, be disqualified for appointment as a justice of the peace.
The Administrator may make regulations, not inconsistent with this Act, prescribing all matters which are required or permitted to be prescribed, or which are necessary or convenient to be prescribed, for carrying out or giving effect to this Act, and, in particular, prescribing matters for or in relation to:
(a) the amount and time of payment of fees payable to the sheriff or an officer of the sheriff;
(b) the settlement of disputes as to the amount of fees payable in any case;
(c) requiring execution creditors either generally or in prescribed cases to give security for payment of fees payable to the sheriff or an officer of the sheriff or to lodge a deposit on account of such fees;
(d) empowering the sheriff or an officer of the sheriff in cases where he is requested by the execution creditor to withdraw before sale, to require the execution creditor, the execution debtor and any legal practitioner concerned to furnish him with particulars of the arrangement between the execution creditor and the execution debtor; and
(e) regulating generally the performance of the duties of the sheriff and officers of the sheriff.
section 2
Number and Year of Act or Ordinance | Title or Short Title of Act or Ordinance | Extent of Repeal |
15 of 1842 | An Act to regulate the Appointment and the Duties of the Sheriff of the Province of South Australia | The whole |
3 of 1843 | An Ordinance to amend an Ordinance intituled "An Act to Regulate the Appointment and the Duties of the Sheriff of the Province of South Australia" | The whole |
20 of 1852 | An Act to enable the Sheriff to appoint a Deputy to perform the Duties of his Office, and to abolish the Poundage now payable on taking the body in execution | The whole |
20 of 1866-7 | The Equity Act, 1866 | Sections 17 to 21 inclusive |
24 of 1874 | The Northern Territory Deputy Sheriff’s Act, 1874 | The whole |
1 KEY
Key to abbreviations
2 LIST OF LEGISLATION
Assent date | 22 May 1963 | ||
Commenced | 22 May 1963 | ||
Assent date | 7 September 1966 | ||
Commenced | 7 September 1966 | ||
Assent date | 11 December 1973 | ||
Commenced | 11 December 1973 (s 12(2)) | ||
Assent date | 26 August 1974 | ||
Commenced | 11 December 1973 (s 3(2)) | ||
Assent date | 24 October 1974 | ||
Commenced | 11 December 1973 (s 3) | ||
Assent date | 28 June 1976 | ||
Commenced | ss 1, 2 and 6: 28 June 1976 (s 6(2)); ss 3 and 4: 11 December 1973; s 5: 24 October 1974 | ||
Assent date | 26 June 1974 | ||
Commenced | 26 June 1974 | ||
Assent date | 5 September 1978 | ||
Commenced | 5 September 1978 | ||
Assent date | 24 September 1979 | ||
Commenced | 1 October 1979 (s 3, s 2 | ||
Assent date | 21 September 1981 | ||
Commenced | 26 February 1982 ( | ||
Assent date | 27 April 1982 | ||
Commenced | 27 April 1982 | ||
Assent date | 12 July 1984 | ||
Commenced | 1 August 1984 ( | ||
Assent date | 7 September 1992 | ||
Commenced | 7 September 1992 | ||
Assent date | 23 June 1995 | ||
Commenced | 23 June 1995 | ||
Assent date | 19 April 1996 | ||
Commenced | s 7: 19 April 1996; rem: 1 July 1996 (s 2, s 2 | ||
Assent date | 4 September 2014 | ||
Commenced | 9 September 2014 ( | ||
Assent date | 6 April 2016 | ||
Commenced | 1 May 2016 (s 2, s 2 | ||
Assent date | 30 October 2017 | ||
Commenced | 5 January 2018 ( | ||
3 SAVINGS AND TRANSITIONAL PROVISIONS
s 4
4 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the
5 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the
6 LIST OF AMENDMENTS
lt amd No. 21, 1982, s 2
ss 1– 2 amd No. 21, 1982, s 2
s 3 sub No. 21, 1982, s 2
s 4 amd No. 37, 1966, s 2; No. 12, 1974, s 3; No. 21, 1982, s 2; No. 46, 1992, s 7; No. 14, 1995, s 8; No. 27, 2014, s 41; No. 8, 2016, s 45; No. 19, 2017, s 39
s 5 amd No. 14, 1995, s 8
s 7 amd No. 37, 1966, s 2
sub No. 111, 1979, s 4
amd No. 19, 1984, s 3; No. 46, 1992, s 7
s 8 rep No. 12, 1974, s 4
s 9 amd No. 37, 1966, s 2; No. 12, 1974, s 5; No. 27, 2014, s 42; No. 19, 2017, s 39
s 10 amd No. 21, 1982, s 2
s 11 amd No. 111, 1979, s 5
s 12 amd No. 37, 1966, s 2
s 12A ins No. 27, 2014, s 43
amd No. 19, 2017, s 39
s 13 amd No. 27, 2014, s 44; No. 19, 2017, s 39
s 14 amd No. 17, 1996, s 6; No. 8, 2016, s 45
s 15 amd No. 37, 1966, s 2
rep No. 12, 1974, s 6
s 17 amd No. 111, 1979, s 5
s 18 amd No. 37, 1966, s 2
s 19 amd No. 37, 1966, s 2; No. 21, 1982, s 2; No. 27, 2014, s 45
s 21 amd No. 21, 1982, s 2
s 22 amd No. 37, 1966, s 2; No. 27, 2014, s 46; No. 19, 2017, s 39
s 23 amd No. 21, 1982, s 2
s 24 rep No. 87, 1981, s 3
s 26 amd No. 8, 2016, s 45
s 27 amd No. 95, 1978, s 14; No. 21, 1982, s 2
sch amd No. 21, 1982, s 2
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