Sheriff Act 2005 (NSW)

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Equality Legislation Amendment (LGBTIQA+) Bill 2023 [Non-government Bill— Mr A H Greenwich, MP]

An Act with respect to the office of Sheriff.

Part 1Preliminary1Name of Act

This Act is the Sheriff Act 2005.

2Commencement(1)

This Act commences on a day to be appointed by proclamation, subject to subsections (2), (3) and (4).

(2)

Schedule 1.3 [2] commences on the commencement of Schedule 1.3 [1], or on the commencement of Part 6 of the Court Security Act 2005, whichever is the later.

(3)

Schedule 1.3 [4] commences on the commencement of Schedule 1.3 [3], or on the commencement of Part 6 of the Court Security Act 2005, whichever is the later.

(4)

Schedule 1.4 commences on the commencement of section 14, or on the commencement of Part 2 of the Commercial Agents and Private Inquiry Agents Act 2004, whichever is the later.

3Definitions(1)

In this Act—

Charter of Justice means the letters patent issued on 13 October 1823 pursuant to the Imperial Act 4 Geo IV c 96.

exercise a function includes perform a duty.

function includes power, authority and duty.

judicial officer has the same meaning as in the Court Security Act 2005.

Secretary means the Secretary of the department in which this Act is administered.

Sheriff means the person employed in the Public Service as Sheriff.

Sheriff’s alternate means such person as is declared by the regulations to be the Sheriff’s alternate for the purposes of this Act or, if no such person is declared, the Secretary.

sheriff’s officer means a person employed in the Public Service as a sheriff’s officer.

(2)

Notes in the text of this Act do not form part of this Act.

s 3: Am 2017 No 22, Sch 4.43 [1] [2]; 2024 No 8, Sch 1[1] [2].

Part 2Sheriff’s functions4Sheriff’s functions(1)

The Sheriff has the following functions—

  • (a)

    to provide for the safety and security of courts and tribunals, including by exercising the functions given to the Sheriff by or under the Court Security Act 2005,

  • (b)

    to provide for the effective management and administration of the jury system in accordance with the Jury Act 1977,

  • (c)

    civil law enforcement functions given to the Sheriff by or under this Act and other Acts,

  • (d)

    to provide protective security services to judicial officers,

  • (e)

    any other function given to the Sheriff by or under this Act or another Act or law.

(2)

The Sheriff also has and may exercise functions conferred or imposed on the Sheriff by or under an Act or law of the Commonwealth, another State or a Territory (including functions conferred by way of delegation).

s 4: Am 2019 No 10, Sch 1.20 [1]; 2024 No 8, Sch 1[3].

5Delegation of Sheriff’s functions(1)

The Sheriff may delegate any of the Sheriff’s functions, other than this power of delegation—

  • (a)

    to any sheriff’s officer, or

  • (b)

    to any person employed…

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.