STATUTORY RULES.
1931. No. 27.
REGULATIONS UNDER THE SERVICE AND EXECUTION OF PROCESS ACT 1901-1928.
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 1901-1928, to come into operation forthwith.
Dated this thirteenth day of March, 1931.
ISAAC A. ISAACS
Governor-General.
By His Excellency’s Command,
FRANK BRENNAN
Attorney-General.
Amendment of Service and Execution of Process Regulations.
(Statutory Rules 1925, No. 105, as amended by Statutory Rules 1930, No. 147.)
After regulation three of the Service and Execution of Process Regulations the following regulation is inserted:—
Modification of Act in an application to Territory for Seat of Government.
“3a. In the application of the Service and Execution of Process Act 1901-1928 to the service and execution in any State or part of a State or part of the Commonwealth of the civil and criminal process of the Courts of the Territory for the Seat of Government—
(а) sub-section (1.) of section fifteen shall be read as if for the words “Court or Judge or Police, Stipendiary, or Special Magistrate” there were substituted the words “Court, Judge, Magistrate or Clerk”;
(b) sub-section (3.) of section fifteen shall be read as if for the words “such Court, Judge or Magistrate” there were substituted the words “the Court before which such person has been commanded to appear”;
(c) sub-section (1.) of section sixteen shall be read as if for the words “Court or Judge, or Police, Stipendiary, or Special Magistrate” there were substituted the words “Court, Judge, Magistrate or Clerk”;
(d) sub-section (1.) of section sixteen shall be read as if for the words “Court, Judge, or Magistrate” (wherever occurring) there were substituted the words “Court, Judge, Magistrate or Clerk”;
613.—Price 3d.
(e) sub-section (2.) of section sixteen shall be read as if for the words “such Court, Judge or Magistrate or any other Police, Stipendiary, or Special Magistrate having jurisdiction in the State or part of the State or part of the Commonwealth, in which the subpoena or summons was issued” there were substituted the words “the Court before which he is required to appear
(f) sub-section (2.) of section sixteen shall be read as if for the words “such Court, Judge or Magistrate” (last occurring) there were substituted the words “the Court”;
(g) sub-section (1.) of section eighteen shall be read as if for the words “Court or Judge or any Justice of the Peace” there were substituted the words “Court, Judge, Magistrate or Clerk”;
(h) sub-section (3.) of section eighteen shall be read as if for the words “Justice of the Peace” (last occurring) there were substituted the words “Magistrate or Clerk”; and
(i) sub-section (1.) of section eighteen shall be read as if for the word “Justice” (last occurring) there were substituted the words “Magistrate or Clerk”.
By Authority: H. J. Green, Government Printer, Canberra.
Overview
The Service and Execution of Process Regulations 1931 were enacted to amend the Service and Execution of Process Act 1901-1928, addressing the need for specific modifications to how certain court processes are served and executed within the Territory for the Seat of Government. The regulations were created by the Governor-General in Council, acting under the authority of the Commonwealth Parliament. The primary objective of these regulations is to align the terminology and procedures for the service and execution of civil and criminal processes within the Territory to ensure consistency and clarity in legal practice. The changes include substituting specific roles and titles within the legislative text to accurately reflect the relevant officers responsible for executing court processes in the Territory. These amendments aim to streamline the legal processes within this jurisdiction, ensuring they are compatible with the broader legislative framework.
Scope and Application
The Service and Execution of Process Regulations, as amended in 1931, pertain to the execution of civil and criminal court processes within the Commonwealth of Australia. These regulations apply to the service and execution of the civil and criminal process of the Courts of the Territory for the Seat of Government, extending their reach to any State or part of a State or part of the Commonwealth. The regulations specifically modify the application of the Service and Execution of Process Act 1901-1928, making adjustments to the roles and titles involved in the service and execution of court processes, such as substituting references to "Court, Judge, Magistrate or Clerk" for other titles. This amendment ensures consistency and clarity in the execution of court processes across different jurisdictions. The regulations come into effect immediately upon issuance and can be further extended or modified through subordinate instruments, allowing for adjustments as necessary to accommodate changes in law or practice.
Key Provisions
The regulation primarily modifies the application of the Service and Execution of Process Act 1901-1928 in relation to the service and execution of civil and criminal processes from the Courts of the Territory for the Seat of Government in any state or part of a state or part of the Commonwealth. Regulation 3a introduces specific changes to sections fifteen, sixteen, and eighteen of the Act, substituting certain terms to ensure clarity and accuracy in the designation of authorities responsible for executing processes (section 3a(a) to (i)).
The obligations imposed by this regulation on the relevant parties include ensuring that the terminology used in the execution of processes is consistent and accurately reflects the roles of the authorities involved. For instance, instead of referring to "Police, Stipendiary, or Special Magistrate," the regulation specifies "Court, Judge, Magistrate or Clerk," thereby clarifying the responsibilities and authorities involved in the execution of court processes. These modifications aim to streamline the process and ensure that there is no ambiguity in the roles and responsibilities of those executing court processes.
Non-compliance with the provisions of this regulation could lead to procedural errors in the execution of court processes, potentially resulting in delays or invalidities in legal proceedings. However, the regulation itself does not explicitly state any specific penalties or consequences for breaches. Instead, any breaches would likely be addressed under the broader provisions of the Service and Execution of Process Act 1901-1928 or related legislation, which could include fines, imprisonment, or other legal sanctions as appropriate.
The regulation underscores the importance of precise language in legal documents to avoid misinterpretation and ensure the smooth functioning of the judicial system. By specifying the roles of "Court, Judge, Magistrate or Clerk" in executing processes, it aims to prevent any confusion that might arise from ambiguous terminology, thereby facilitating the efficient and lawful execution of court orders.