{"id":"tas:sr-1991-188","name":"Civil Process (Table of Fees for Execution) Rules 1991","slug":"civil-process-table-of-fees-for-execution-rules-1991","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"188 of 1991","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":319129,"registerId":"tas-tas:sr-1991-188-current","compilationNumber":null,"startDate":"2026-04-08","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> These rules may be cited as the [Civil Process (Table of Fees for Execution) Rules 1991](/view/html/inforce/2026-04-12/sr-1991-188) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> These rules take effect on the day on which their making is notified in the *Gazette*.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Application of table","content":"### 3 Application of table\n\n> The table of fees set out in [Schedule 1](#JS1@EN) applies to proceedings whether those proceedings have commenced before or commence after these rules take effect.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Table of fees","content":"### 4 Table of fees\n\n> For the purposes of [section 2 of the](/view/html/inforce/2026-04-12/act-1870-017#GS2@EN) [Civil Process Act 1870](/view/html/inforce/2026-04-12/act-1870-017) , the table of fees set out in [Schedule 1](#JS1@EN) is the table of fees to be paid to the Sheriff and any other officer of the Sheriff concerned in the execution of civil process.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Fees not to be received for own use","content":"### 5 Fees not to be received for own use\n\n> The Sheriff or any other officer of the Sheriff shall not receive or retain for personal use any fee specified in the table of fees set out in [Schedule 1](#JS1@EN) .","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Revocation","content":"### 6 Revocation\n\n> The table of fees and the general rule made under the [Civil Process Act 1870](/view/html/inforce/2026-04-12/act-1870-017) (being Statutory Rules 1984, No. 245) is revoked.","sortOrder":5},{"sectionNumber":"SCHEDULE 1 - Table of Fees for","sectionType":"part","heading":"SCHEDULE 1 - Table of Fees for Execution of Civil Process","content":"# SCHEDULE 1 - Table of Fees for SCHEDULE 1 - Table of Fees for Execution of Civil Process\n\n[*\\[Schedule 1 Amended by S.R. 1997, No. 97, Applied:16 Jul 1997\\]*](/view/html/inforce/1997-07-16/sr-1997-097#AT@EN) [*\\[Schedule 1 Amended by S.R. 2008, No. 44, Applied:04 Jun 2008\\]*](/view/html/inforce/2008-06-04/sr-2008-044#GS4@Hpa@EN) [*\\[Schedule 1 Amended by S.R. 2008, No. 44, Applied:04 Jun 2008\\]*](/view/html/inforce/2008-06-04/sr-2008-044#GS4@Hpb@EN) [*\\[Schedule 1 Amended by S.R. 2008, No. 44, Applied:04 Jun 2008\\]*](/view/html/inforce/2008-06-04/sr-2008-044#GS4@Hpc@EN) [*\\[Schedule 1 Amended by S.R. 2008, No. 44, Applied:04 Jun 2008\\]*](/view/html/inforce/2008-06-04/sr-2008-044#GS4@Hpd@EN) [*\\[Schedule 1 Amended by S.R. 2012, No. 56, Applied:01 Aug 2012\\]*](/view/html/inforce/2012-08-01/sr-2012-056#GS3@Hpa@EN) [*\\[Schedule 1 Amended by S.R. 2012, No. 56, Applied:01 Aug 2012\\]*](/view/html/inforce/2012-08-01/sr-2012-056#GS3@Hpb@EN) [*\\[Schedule 1 Amended by S.R. 2012, No. 56, Applied:01 Aug 2012\\]*](/view/html/inforce/2012-08-01/sr-2012-056#GS3@Hpc@EN) [*\\[Schedule 1 Amended by S.R. 2012, No. 56, Applied:01 Aug 2012\\]*](/view/html/inforce/2012-08-01/sr-2012-056#GS3@Hpd@EN) [*\\[Schedule 1 Amended by S.R. 2012, No. 56, Applied:01 Aug 2012\\]*](/view/html/inforce/2012-08-01/sr-2012-056#GS3@Hpe@EN) [*\\[Schedule 1 Amended by S.R. 2015, No. 90, Applied:23 Dec 2015\\]*](/view/html/inforce/2015-12-23/sr-2015-090#GS3@EN)\n\n|  |  | $ |\n| 1. | For each warrant issued by the Sheriff or any deputy of the Sheriff – |  |\n|  | (a) in respect of debts not exceeding $20 000 | 100.00 |\n|  | (b) in respect of debts exceeding $20 000 | 200.00 |\n| 2. | Travelling expenses necessarily incurred by the Sheriff in connection with the execution of civil process – |  |\n|  | (a) using the most usual mode of transport; or | Actual cost |\n|  | (b) if a motor vehicle is used, for each kilometre | 0.70 |\n| 3. | For each sale by auction, 5% on amount realized if it does not exceed $1 000 and 2.5% on all sums exceeding that amount | Actual cost |\n| 4. | For each person necessarily employed to assist with any execution or sale | Actual cost |\n| 5. | For service of each document in connection with the execution of civil process | 55.00 |\n| 6. | For other necessary expenses of the Sheriff or any officer of the Sheriff in connection with the execution of civil process | Actual cost |\n| 7. | For a levy or seizure by the Sheriff – |  |\n|  | (a) in respect of a debt not exceeding $20 000 | $310 |\n|  | (b) in respect of a debt exceeding $20 000 | $620 |\n|  | (c) in respect of a writ of execution that is otherwise than in respect of a debt | $620 |\n\nG. S. M. GREEN\n\nChief Justice\n\nW. J. E. COX\n\nPuisne Judge\n\nP. G. UNDERWOOD\n\nPuisne Judge\n\nE. C. CRAWFORD\n\nPuisne Judge\n\nDisplayed and numbered in accordance with the *[Rules Publication Act 1953](/view/html/inforce/current/act-1953-050)*.\n\nNotified in the *Gazette* on 23 October 1991\n\nThese rules are administered in the Department of Justice.","sortOrder":6}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: establishing a fee schedule for Sheriff's civil enforcement activities. Despite multiple amendments over 24+ years to update dollar amounts, the scope has not expanded beyond setting fees for warrants, levies, sales, travel, and document service."},"complexity_factors":["Only 6 operative sections plus a schedule","No defined terms section — terms used are ordinary language ('Sheriff', 'civil process', 'warrant')","Single cross-reference to the parent Civil Process Act 1870","Simple tabular structure for fees with clear monetary thresholds ($20,000, $1,000)","No conditional logic or nested exceptions — fees apply straightforwardly based on debt amount or activity type","Schedule has been amended multiple times (1997, 2008, 2012, 2015) but structure remains simple"],"plain_english_summary":"This legislation sets out the fees that must be paid to the Sheriff (a court officer who enforces court judgments) and their staff when they carry out civil enforcement work. This includes serving legal documents, seizing property to pay debts, conducting auctions of seized goods, and travelling to carry out these tasks.\n\n**Who it affects:**\n- **People who win court judgments** (judgment creditors) — they must pay these fees when asking the Sheriff to enforce their judgment\n- **The Sheriff and deputy sheriffs** — they receive these fees for their enforcement work, but cannot keep them for personal use (they go to the government)\n- **People who owe money** (debtors) — ultimately these costs often get added to what they owe\n\n**Key fee examples:**\n- **Warrant fees:** $100 for debts under $20,000; $200 for larger debts\n- **Property seizure (levy):** $310 for smaller debts, $620 for larger debts or non-debt enforcement\n- **Serving documents:** $55 per document\n- **Auction sales:** 5% on first $1,000, then 2.5% on amounts above that\n- **Travel:** 70 cents per kilometre if using a car, or actual cost of other transport\n\n**Why it matters:** Without this fee schedule, there would be no clear rules about what enforcement costs. This ensures transparency and prevents the Sheriff from charging arbitrary amounts. The rules apply to all civil enforcement proceedings, whether started before or after these rules began."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation appears to have remained within its original narrow scope — setting fees for the execution of civil process in Tasmania. Amendments over time have likely updated the fee amounts rather than expanding or changing the fundamental purpose of the rules."},"complexity_factors":["Very narrow and specific subject matter — limited to a fee schedule for one type of court process","Technical legal context (civil enforcement/execution proceedings) may be unfamiliar to laypeople","The actual fee table content is not included in the provided text, limiting full analysis","Amended multiple times since 1991, potentially creating version-tracking complexity for practitioners","Jurisdiction-specific (Tasmania only), so interaction with federal laws adds minor complexity"],"plain_english_summary":"The Civil Process (Table of Fees for Execution) Rules 1991 (Tasmania) sets the official fee schedule for enforcing civil court orders (e.g., sheriff or bailiff actions to seize assets or collect judgments). It affects judgment creditors, debtors, enforcement officers and lawyers by standardising what may be charged for execution, preventing arbitrary fees and clarifying costs that can sometimes be recovered from the debtor."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":true,"description":"The rules replace the prior table of fees and the earlier general rule (Statutory Rules 1984 No. 245) by establishing a new, specific fee schedule and related rules (r 6; r 4, Schedule 1). They apply to proceedings regardless of when commenced (r 3). The instrument changes fee levels and billing/recording mechanics but does not alter the substantive powers to execute civil process under the Civil Process Act 1870."},"complexity_factors":["Narrow subject matter: only prescribes fees and related administrative rules (rr 3–4, Schedule 1).","Mostly numeric schedule with simple rates and thresholds (warrant, levy, percentages, kilometre rate).","Several items left as “actual cost”, creating limited administrative judgement and recordkeeping requirements (Schedule 1 items 2(a), 3, 4, 6).","Cross‑reference to Civil Process Act 1870 as enabling provision (r 4).","Revocation of an earlier statutory rule requires attention to transitional application (r 6).","Amendment history noted in the Schedule may require checking for current figures (Schedule 1 annotations)."],"plain_english_summary":"These rules set the fees and expense rules that must be paid to the Sheriff and sheriff officers for executing civil process under the Civil Process Act 1870 and apply to proceedings begun before or after commencement (rr 3–4). The schedule fixes per‑warrant, service, auction and levy charges, includes kilometre and “actual cost” items, forbids officers keeping fees for personal use, and revokes the prior fee table (rr 5–6, Schedule 1). This changes enforcement costs faced by parties and the Sheriff’s accounting obligations."}},"importantCases":[],"_links":{"self":"/api/acts/civil-process-table-of-fees-for-execution-rules-1991","history":"/api/acts/civil-process-table-of-fees-for-execution-rules-1991/history","analysis":"/api/acts/civil-process-table-of-fees-for-execution-rules-1991/analysis","conflicts":"/api/acts/civil-process-table-of-fees-for-execution-rules-1991/conflicts","importantCases":"/api/acts/civil-process-table-of-fees-for-execution-rules-1991/important-cases","documents":"/api/acts/civil-process-table-of-fees-for-execution-rules-1991/documents"}}