STATUTORY RULES.
1922. No. 52.
REGULATION UNDER THE SERVICE AND EXECUTION OF PROCESS ACT 1901-1918.
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Service and Execution of Process Act 1901-1918, to come into operation forthwith.
Dated this tenth day of April, 1922.
FORSTER,
Governor-General.
By His Excellency’s Command,
LITTLETON E. GROOM,
Attorney-General.
Amendment of Service and Execution of Process Regulations.
(Statutory Rules 1920, No. 136.)
Regulation 2 of the Service and Execution of Process Regulations is amended by adding at the end thereof the following proviso:—
“Provided further that 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 those 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.”
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
Overview
The Service and Execution of Process Regulation 1922, issued under the Service and Execution of Process Act 1901-1918, addresses a specific administrative gap concerning the regulation of legal processes in the Territory of Norfolk Island. This regulation was enacted to clarify and amend the existing framework by assigning certain judicial authorities previously held by State Supreme Court Judges to the Chief Magistrate of Norfolk Island. This legislative instrument was made by the Governor-General in accordance with the Federal Executive Council, reflecting the intention to streamline the administration of legal processes in the Territory, ensuring that they align with the broader legal standards of the Commonwealth. The policy objective of this regulation is to ensure that the execution and enforcement of legal processes, including the setting of fees, are effectively managed within Norfolk Island’s judicial system.
Scope and Application
The Service and Execution of Process Act 1901-1918 governs the service of legal documents and execution of court processes within the Commonwealth of Australia. This Act applies to individuals and entities involved in the judicial process, including those executing court orders and delivering legal documents. Its jurisdiction covers the entire Commonwealth, extending to all states and territories, with specific provisions outlined for Norfolk Island. The Act allows for the regulation of fees associated with these processes, with the amendment introduced in the Statutory Rules 1922, No. 52, delineating that the Chief Magistrate of Norfolk Island has the authority to set fees for the service of the Territory's court process, execution of state and other territories' court processes and judgments, and associated costs. This amendment highlights the adaptability of the Act to the unique jurisdictional characteristics of Norfolk Island, ensuring that local administration aligns with broader Commonwealth standards.
Key Provisions
The main operative section of this legislative instrument is Regulation 2, which amends the Service and Execution of Process Regulations (section 2). This amendment specifically alters the application of the Service and Execution of Process Act 1901-1918 to the Territory of Norfolk Island by shifting the authority to set fees for the service of court process and enforcement of judgments from the Judges of the Supreme Court of any State to the Chief Magistrate of the Territory (section 2). This means that the Chief Magistrate of Norfolk Island now has the power to prescribe fees for the service of court process and the enforcement of judgments and orders from courts in other jurisdictions, as well as the costs associated with enforcing those judgments within the Territory.
The obligations and requirements imposed by this amendment are primarily administrative. The Chief Magistrate of Norfolk Island must now establish and publish rules regarding fees for the service of process and enforcement of judgments from other courts. This includes setting out the specific fees for each type of process and judgment, as well as detailing the costs that may be recovered in the enforcement of those judgments. These rules must be consistent with the overarching provisions of the Service and Execution of Process Act 1901-1918 and must be made publicly available to ensure transparency and accessibility. The Chief Magistrate is also responsible for periodically reviewing and updating these rules as necessary to reflect any changes in the law or administrative practices.
In terms of breaches, the Service and Execution of Process Act 1901-1918 does not explicitly outline offences or penalties for failure to comply with the amended regulations. However, the Act does provide a general framework for enforcement and sanctions. For example, if a party fails to pay the prescribed fees for the service of process or enforcement of judgments, the Chief Magistrate may initiate proceedings to recover the fees, which could include applying to the court for an order for payment. Additionally, any person who wilfully disobeys or neglects to comply with the Act or the regulations may be subject to fines or imprisonment, as provided by the general laws of the Commonwealth or the Territory of Norfolk Island. The exact penalties would depend on the specific circumstances and the applicable laws at the time of the offence.