Sheriff's Regulations 2005 (SA)

South Australia

Sheriff's Regulations 2005

under the Sheriff's Act 1978

Contents

1Short title

3Interpretation

5Safe keeping and disposal of items

6Fees

Schedule 1—Fees

Legislative history

1—Short title

These regulations may be cited as the Sheriff's Regulations 2005.

3—Interpretation

In these regulations—

Act means the Sheriff's Act 1978.

5—Safe keeping and disposal of items

(1)If a person fails, on leaving the premises of a participating body, to collect items held in safe keeping while the person is on the premises (see section 9G(h)(i) of the Act), the sheriff—

(a)must take reasonable care, for a period of 30 days, of the items (other than perishable items); and

(b)may, in the sheriff's absolute discretion—

(i)in the case of perishable items—destroy or otherwise dispose of the items;

(ii)in any other case—destroy or otherwise dispose of the items after taking reasonable care of them for the period referred to in paragraph (a).

(2)The items may be kept at a place considered appropriate by the sheriff and, before an item is released to a person, the person may be required to produce satisfactory evidence of identity and entitlement to the item.

(3)If the items are sold, the net proceeds of the sale must be paid into the Consolidated Account.

6—Fees

(1)The fees set out in Schedule 1 are payable to the sheriff.

(2)The sheriff may also recover expenses reasonably incurred by the sheriff in the performance of duties imposed on the sheriff by or under the Act or any other Act.

Examples—

Expenses reasonably incurred that the sheriff may recover include—

(a)meals while travelling;

(b)labour and removal of goods;

(c)cartage;

(d)storage;

(e)insurance;

(f)advertisements;

(g)seizure and maintenance of animals;

(h)postage;

(i)telephone calls;

(j)engaging assistants;

(k)engaging auctioneers or agents;

(l)conducting a sale of land or goods.

(3)The sheriff may require—

(a)a deposit as security for the payment of fees before commencing a proceeding or at any time during the course of the proceeding; and

(b)a written undertaking to pay any further fees which may become payable above the amount of the deposit.

(4)The fee for service of a document or execution of a process is payable despite the document not being served or the process not being executed if—

(a)the officer who attempted to serve the document or execute the process obtained information about the defendant of value to the plaintiff; or

(b)the sheriff is satisfied that other special circumstances exist justifying the fee,

and a written report on the results of the attempted service or execution has been provided to the plaintiff.

Schedule 1—Fees

1	For receiving and entering a summons, notice, order or other document for service (other than in relation to proceedings in the Magistrates Court)—per copy	$43.30
2	For receiving and entering a warrant (including a summons when issued as a joint process) or other process of execution	$64.00
3	For serving a summons, claim, notice, order or other document where a written report must be submitted for the preparation of an affidavit of service—per copy	$47.50
4	For serving a summons, claim, notice, order or other document where a written report does not have to be submitted for the preparation of an affidavit of service—per copy	$40.50
5	For conducting inquiries as necessary before executing a warrant or other process of execution	$47.50
6	For executing a warrant (including serving a summons when issued as a joint process) or other process of execution or making an arrest	$90.00
7	Additional fee if, under a warrant, personal property is seized and processed for sale	$90.00 plus $50.50 for each hour or part of an hour after the first 3 hours
8	Allowance for travelling expenses incurred in the service of a document or execution of a process Note— Only 1 fee is payable where 2 or more processes are served or executed at the same time on the same person or on different persons at the same address.	$1.45 per kilometre or part of a kilometre, after 50 kilometres
9	Poundage—
(a)    on a warrant of sale or other process of execution (other than on a warrant of possession enforced against real property), calculated on the amount realised on sale or, if not sold, on the value of the property seized or the amount of the judgement debt, whichever is the lesser	$0.10 per dollar for the first $2 000 and $0.05 per dollar over $2 000
(b)    on a warrant of possession enforced against real property, calculated on the annual value (within the meaning of the Valuation of Land Act 1971) of the real property seized	$0.10 per dollar for the first $2 000 and $0.05 per dollar over $2 000
10	For sheriff's attendance to execute an enforcement process	$50.50 per hour or part hour, after the first hour
11	For opening the office (or the office remaining open) after hours for an urgent execution of process	$340.00 per hour or part hour

Legislative history

Notes

•Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.

•Earlier versions of these regulations (historical versions) are listed at the end of the legislative history.

•For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or revoked by principal regulations

The Sheriff's Regulations 2005 revoked the following:

Sheriff's Regulations 1992

Principal regulations and variations

New entries appear in bold.

Year	No	Reference	Commencement
2005	128	Gazette 26.5.2005 p1612	1.7.2005: r 2
2006	142	Gazette 15.6.2006 p1884	1.7.2006: r 2
2007	93	Gazette 7.6.2007 p2393	1.7.2007: r 2
2008	87	Gazette 5.6.2008 p2016	1.7.2008: r 2
2009	104	Gazette 4.6.2009 p2524	1.7.2009: r 2
2010	128	Gazette 10.6.2010 p2947	1.7.2010: r 2
2011	142	Gazette 9.6.2011 p2379	1.7.2011: r 2
2012	141	Gazette 31.5.2012 p2518	1.7.2012: r 2
2013	115	Gazette 6.6.2013 p2271	1.7.2013: r 2
2014	128	Gazette 19.6.2014 p2636	1.7.2014: r 2
2015	72	Gazette 18.6.2015 p2578	1.7.2015: r 2
2016	147	Gazette 23.6.2016 p2386	1.7.2016: r 2
2017	52	Gazette 16.5.2017 p1284	1.7.2017: r 2
2017	154	Gazette 22.6.2017 p2411	1.7.2017: r 2
2018	82	Gazette 21.6.2018 p2194	1.7.2018: r 2
2019	97	Gazette 13.6.2019 p1926	1.7.2019: r 2

Provisions varied

New entries appear in bold.

Entries that relate to provisions that have been deleted appear in italics.

Provision	How varied	Commencement
r 2	omitted under Legislation Revision and Publication Act 2002	1.7.2006
r 4	deleted by 52/2017 r 4	1.7.2017
Sch 1	substituted by 142/2006 r 4	1.7.2006
substituted by 93/2007 r 4	1.7.2007
substituted by 87/2008 r 4	1.7.2008
substituted by 104/2009 r 4	1.7.2009
substituted by 128/2010 r 4	1.7.2010
substituted by 142/2011 r 4	1.7.2011
substituted by 141/2012 r 4	1.7.2012
substituted by 115/2013 r 4	1.7.2013
substituted by 128/2014 r 4	1.7.2014
substituted by 72/2015 r 4	1.7.2015
substituted by 147/2016 r 4	1.7.2016
substituted by 154/2017 r 4	1.7.2017
substituted by 82/2018 r 4	1.7.2018
substituted by 97/2019 r 4	1.7.2019
Sch 2	omitted under Legislation Revision and Publication Act 2002	1.7.2006

Historical versions

1.7.2006

1.7.2007

1.7.2008

1.7.2009

1.7.2010

1.7.2011

1.7.2012

1.7.2013

1.7.2014

1.7.2015

1.7.2016

1.7.2017

1.7.2018