SERVICE AND EXECUTION OF PROCESS ACT
1974
No. 96 of 1974
An Act to amend the Service and Execution of Process Act 1901 -1973.
BE IT ENACTED by the Queen, the Senate and the House of Representatives of Australia, as follows: —
Short title and citation.
1. (1) This Act may be cited as the Service and Execution of Process Act 1974.
(2) The Service and Execution of Process Act 1901-1973 is in this Act referred to as the Principal Act.
(3) The Principal Act, as amended by this Act, may be cited as the Service and Execution of Process Act 1901-1974.
Indorsement on writ for service outside State.
2. Section 5 of the Principal Act is amended by omitting from sub-section (2) the words “five miles” and substituting the figure and word “10 kilometres”.
Appearance to state address for service.
3. Section 9 of the Principal Act is amended by omitting from sub-section (1) the words “five miles” and substituting the figure and word “10 kilometres”.
Application.
4. The amendment made by section 2 of this Act applies to any writ of summons issued after the commencement of this Act, and the amendment made by section 3 of this Act applies to any appearance entered after the commencement of this Act, including an appearance to a writ of summons issued before the commencement of this Act.
Formal amendments.
5. The Principal Act is amended as set out in the Schedule.
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SCHEDULE Section 5
FORMAL AMENDMENTS
1. The following provisions of the Principal Act are amended by omitting any number expressed in words that is used, whether with or without the addition of a letter, to identify a section of that Act, and substituting that number expressed in figures:—
Sections 11(1)(i), 15(1), 16(3), 18(1), 19a(1), 26a(1) (definitions of “warrant of apprehension” and “warrant of commitment”), 26g(6), 26h(2)(b), 26j(7)(a), 28, Form 2 in the Fourth Schedule.
2. The following provisions of the Principal Act are amended by omitting the words “of this Act”, “of this section” and “of this sub-section” (wherever occurring):—
Sections 11(1)(i), 13, 15(1), 16(3), 16a (1a), 18(1), 19a(1), 26a (1) (definitions of “warrant of apprehension” and “warrant of commitment”), 26d(1), 26f(1)(a), 26g(6), 26h(2)(b), 26j(7)(a), 28.
Overview
The Service and Execution of Process Act 1974, enacted by the Australian Parliament, aims to amend the Service and Execution of Process Act 1901-1973, addressing issues related to the service and execution of legal process, particularly within jurisdictional boundaries. This Act modernises certain aspects of the previous legislation to reflect changes in distance measurement from miles to kilometres, ensuring the legal framework remains relevant and effective. The policy objective is to streamline the legal processes, making them more practical and consistent with contemporary standards.
The Service and Execution of Process Act 1974 modifies key sections of the Principal Act, such as replacing the term "five miles" with "10 kilometres" in relation to the indorsement on writs for service outside the state and appearances to state addresses for service. These amendments apply to writs of summons issued after the Act's commencement and to any appearances entered thereafter, including those for writs issued before the Act's commencement. Additionally, the Act includes formal amendments to ensure consistency and clarity in the referencing of sections within the Principal Act.
Scope and Application
The Service and Execution of Process Act 1974, as amended, governs the service and execution of legal process across Australia. The Act applies to any person or entity involved in legal proceedings within the Commonwealth of Australia, including individuals, corporations, and government agencies. The amendments update the jurisdictional reach by extending the geographical area for service of process from five miles to 10 kilometres, reflecting changes in the interpretation of proximity and convenience in modern legal practice. This Act applies to any writ of summons issued after its commencement and any appearance entered post-commencement, regardless of the issuance date of the writ. The Act does not specify any exclusions, exemptions, or thresholds within the provided text, though it may be subject to further clarification through subordinate instruments or case law. The formal amendments detailed in the Schedule standardise the expression of numbers within the Principal Act, ensuring consistency and clarity in legal documentation.
Key Provisions
The Service and Execution of Process Act 1974 (sections 2 and 3) amends the Service and Execution of Process Act 1901-1973 (referred to as the Principal Act) by altering the distance for indorsement on a writ for service outside the State and for stating an address for service from five miles to 10 kilometres. This amendment applies to any writ of summons issued after the Act's commencement and to any appearance entered after the Act's commencement, including appearances to writs issued before the Act's commencement. The Act also includes formal amendments (section 5), such as changing references to sections in words to figures and removing certain phrases like “of this Act”.
The obligations imposed by the Act on parties or entities include ensuring that any writ of summons issued post the Act's commencement specifies service outside the State within 10 kilometres, rather than five miles, and that any appearance entered post the Act's commencement provides an address for service within the same distance. Additionally, the Act mandates formal amendments to the Principal Act, ensuring consistency and clarity in legal references throughout the document.
Breach of the requirements stipulated in the Service and Execution of Process Act 1974 may lead to legal consequences, although the specific offences, penalties, or consequences are not detailed in the provided text. However, generally, failure to comply with statutory requirements for service and execution of process can result in procedural errors that may affect the validity of legal actions. Such breaches can potentially lead to delays, additional costs, and complications in legal proceedings. It is essential for parties to adhere to these requirements to ensure the proper and timely execution of legal processes.