{"id":"nsw:act-2005-006","name":"Sheriff Act 2005","slug":"sheriff-act-2005","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"6 of 2005","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104661,"registerId":"nsw-act-2005-006-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act is the [Sheriff Act 2005](/view/html/inforce/current/act-2005-006).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> > (1) This Act commences on a day to be appointed by proclamation, subject to subsections (2), (3) and (4).\n> \n> > (2) Schedule 1.3 \\[2\\] commences on the commencement of Schedule 1.3 \\[1\\], or on the commencement of Part 6 of the [Court Security Act 2005](/view/html/inforce/current/act-2005-001), whichever is the later.\n> \n> > (3) Schedule 1.3 \\[4\\] commences on the commencement of Schedule 1.3 \\[3\\], or on the commencement of Part 6 of the [Court Security Act 2005](/view/html/inforce/current/act-2005-001), whichever is the later.\n> \n> > (4) Schedule 1.4 commences on the commencement of section 14, or on the commencement of Part 2 of the [Commercial Agents and Private Inquiry Agents Act 2004](/view/html/repealed/current/act-2004-070), whichever is the later.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> > (1) In this Act—\n> > \n> > Charter of Justice means the letters patent issued on 13 October 1823 pursuant to the Imperial Act 4 Geo IV c 96.\n> > \n> > exercise a function includes perform a duty.\n> > \n> > function includes power, authority and duty.\n> > \n> > judicial officer has the same meaning as in the [Court Security Act 2005](/view/html/inforce/current/act-2005-001).\n> > \n> > Secretary means the Secretary of the department in which this Act is administered.\n> > \n> > Sheriff means the person employed in the Public Service as Sheriff.\n> > \n> > Sheriff’s alternate means such person as is declared by the regulations to be the Sheriff’s alternate for the purposes of this Act or, if no such person is declared, the Secretary.\n> > \n> > sheriff’s officer means a person employed in the Public Service as a sheriff’s officer.\n> \n> > (2) Notes in the text of this Act do not form part of this Act.\n> \n> **s 3:** Am 2017 No 22, Sch 4.43 \\[1\\] \\[2\\]; 2024 No 8, Sch 1\\[1\\] \\[2\\].","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Sheriff’s functions","content":"# Part 2 Sheriff’s functions\n\nPart 2 Sheriff’s functions","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Sheriff’s functions","content":"#### 4 Sheriff’s functions\n\n4 Sheriff’s functions\n\n> > (1) The Sheriff has the following functions—\n> > \n> > > (a) to provide for the safety and security of courts and tribunals, including by exercising the functions given to the Sheriff by or under the [Court Security Act 2005](/view/html/inforce/current/act-2005-001),\n> > \n> > > (b) to provide for the effective management and administration of the jury system in accordance with the [Jury Act 1977](/view/html/inforce/current/act-1977-018),\n> > \n> > > (c) civil law enforcement functions given to the Sheriff by or under this Act and other Acts,\n> > \n> > > (d) to provide protective security services to judicial officers,\n> > \n> > > (e) any other function given to the Sheriff by or under this Act or another Act or law.\n> \n> > (2) The Sheriff also has and may exercise functions conferred or imposed on the Sheriff by or under an Act or law of the Commonwealth, another State or a Territory (including functions conferred by way of delegation).\n> \n> **s 4:** Am 2019 No 10, Sch 1.20 \\[1\\]; 2024 No 8, Sch 1\\[3\\].","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Delegation of Sheriff’s functions","content":"#### 5 Delegation of Sheriff’s functions\n\n5 Delegation of Sheriff’s functions\n\n> > (1) The Sheriff may delegate any of the Sheriff’s functions, other than this power of delegation—\n> > \n> > > (a) to any sheriff’s officer, or\n> > \n> > > (b) to any person employed in the department in which this Act is administered, or\n> > \n> > > (c) to any person prescribed by the regulations or belonging to a class so prescribed.\n> \n> > (2) Despite subsection (1), the Sheriff may delegate a function conferred or imposed on, or delegated to, the Sheriff by or under an Act or law of the Commonwealth, another State or a Territory, only if—\n> > \n> > > (a) the Act or law conferring or imposing the function on the Sheriff allows the Sheriff to delegate the function, or\n> > \n> > > (b) in relation to a function that is delegated—the delegation conferring the function on the Sheriff allows the Sheriff to subdelegate the function.\n> \n> **s 5:** Am 2017 No 22, Sch 4.43 \\[3\\]; 2019 No 10, Sch 1.20 \\[2\\]; 2024 No 8, Sch 1\\[4\\].","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Exercise of Sheriff’s functions by Sheriff’s alternate","content":"#### 6 Exercise of Sheriff’s functions by Sheriff’s alternate\n\n6 Exercise of Sheriff’s functions by Sheriff’s alternate\n\n> > (1) The Sheriff’s functions in relation to—\n> > \n> > > (a) any legal proceedings to which the Sheriff is a party, and\n> > \n> > > (b) any legal proceedings the subject of an order in force under subsection (2),\n> > \n> > are to be exercised by the Sheriff’s alternate, and not by the Sheriff.\n> \n> > (2) If satisfied that any legal proceedings may affect the Sheriff’s interests, the court before which, or coroner before whom, the proceedings are being taken may order that the Sheriff’s functions in relation to the proceedings be exercised by the Sheriff’s alternate.\n> \n> > (3) In this section, legal proceedings includes proceedings to enforce a judgment or order of a court and proceedings of an inquest or inquiry under the [Coroners Act 2009](/view/html/inforce/current/act-2009-041).\n> \n> **s 6:** Am 2009 No 41, Sch 4.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Oath or affirmation of office","content":"#### 7 Oath or affirmation of office\n\n7 Oath or affirmation of office\n\n> > (1) Before exercising any of the Sheriff’s functions, the Sheriff, and each sheriff’s officer, must take an oath of office, or make an affirmation of office, in the form and manner prescribed by the regulations.\n> \n> > (2) Failure to comply with subsection (1) does not affect the validity of anything done by the Sheriff, or by a sheriff’s officer, in the exercise of the Sheriff’s functions.","sortOrder":8},{"sectionNumber":"7A","sectionType":"section","heading":"Powers of Sheriff when executing writs and warrants for possession of land","content":"#### 7A Powers of Sheriff when executing writs and warrants for possession of land\n\n7A Powers of Sheriff when executing writs and warrants for possession of land\n\n> > (1) A sheriff’s officer executing a writ or warrant for possession of land may do any of the following—\n> > \n> > > (a) enter the premises and take all reasonably necessary steps to enforce the writ or warrant,\n> > \n> > > (b) use such force as is reasonably necessary to enforce the writ or warrant,\n> > \n> > > (c) obtain the assistance of a police officer.\n> \n> > (2) A police officer may, at the request of a sheriff’s officer, assist the sheriff’s officer to enforce the writ or warrant.\n> \n> > (3) The Sheriff must give the occupier of land subject to a writ of possession of land or a writ for the levy of property that relates to land not less than 30 days notice to deliver up possession of the land.\n> \n> > (4) Subsection (3) does not apply if the execution of the writ has been previously stayed by a court or if a warrant for possession is issued under the [Residential Tenancies Act 2010](/view/html/inforce/current/act-2010-042), the [Residential (Land Lease) Communities Act 2013](/view/html/inforce/current/act-2013-097), the [Retirement Villages Act 1999](/view/html/inforce/current/act-1999-081) or the [Holiday Parks (Long-term Casual Occupation) Act 2002](/view/html/inforce/current/act-2002-088).\n> \n> > (5) In this section—\n> > \n> > writ or warrant for possession of land means—\n> > \n> > > (a) a writ of possession of land, or\n> > \n> > > (b) a writ for the levy of property that relates to land, or\n> > \n> > > (c) a warrant for possession of residential premises under the [Residential Tenancies Act 2010](/view/html/inforce/current/act-2010-042), or\n> > \n> > > (d) a warrant for possession of residential premises under the [Residential (Land Lease) Communities Act 2013](/view/html/inforce/current/act-2013-097), or\n> > \n> > > (e) a warrant for possession of residential premises under the [Retirement Villages Act 1999](/view/html/inforce/current/act-1999-081), or\n> > \n> > > (f) a warrant for possession of a site under the [Holiday Parks (Long-term Casual Occupation) Act 2002](/view/html/inforce/current/act-2002-088).\n> \n> **s 7A:** Ins 2010 No 42, Sch 3.16. Am 2013 No 97, Sch 3.15.","sortOrder":9},{"sectionNumber":"7B","sectionType":"section","heading":"Powers when executing certain arrest warrants","content":"#### 7B Powers when executing certain arrest warrants\n\n7B Powers when executing certain arrest warrants\n\n> > (1) A sheriff’s officer executing an arrest warrant issued by a court under section 97 of the [Civil Procedure Act 2005](/view/html/inforce/current/act-2005-028) may require a person named in the warrant to submit to a personal search if the officer believes on reasonable grounds that it is prudent to do so to ascertain whether the person is carrying anything that would present a danger to a person.\n> \n> > (2) Before requiring a person to submit to a personal search under this section, the sheriff’s officer must show the person the arrest warrant and the officer’s certificate of identification referred to in section 13.\n> \n> > (3) A sheriff’s officer may seize and detain a thing found in a personal search under this section that the officer believes on reasonable grounds would present a danger to a person.\n> \n> > (4) A sheriff’s officer who seizes any thing under subsection (3) must—\n> > \n> > > (a) if the officer is satisfied after examining the thing that its retention as evidence is not required and it is not a danger to a person—return the thing to the person from whom it was confiscated, or\n> > \n> > > (b) if the officer is not so satisfied—deliver the thing to a police officer as soon as is reasonably practicable.\n> \n> > (5) A personal search of a person conducted under this section must, as far as is reasonably practicable in the circumstances, comply with the following requirements—\n> > \n> > > (a) the sheriff’s officer must inform the person to be searched of the following matters—\n> > > \n> > > > (i) whether the person will be required to remove clothing during the search,\n> > > \n> > > > (ii) why it is necessary to remove the clothing,\n> > \n> > > (b) the sheriff’s officer must ask for the person’s co-operation,\n> > \n> > > (c) a personal search must be conducted—\n> > > \n> > > > (i) in a way that provides reasonable privacy for the person searched, and\n> > > \n> > > > (ii) as quickly as is reasonably practicable,\n> > \n> > > (d) the sheriff’s officer must conduct the least invasive kind of search practicable in the circumstances,\n> > \n> > > (e) a personal search of a person must be conducted by a sheriff’s officer of the same sex as the person or, if a sheriff’s officer of that sex is unavailable, by another person of that sex at the direction of a sheriff’s officer.\n> \n> > (6) If a sheriff’s officer makes a requirement of a person under subsection (1) and the person fails immediately to comply with that requirement, the sheriff’s officer may again make the requirement and, in that case, must warn the person that a failure immediately to comply with the requirement may be an offence.\n> \n> > (7) If a sheriff’s officer makes a requirement of a person in accordance with subsection (6), the person must immediately comply with the requirement.\n> > \n> > Maximum penalty—5 penalty units.\n> \n> > (8) In this section—\n> > \n> > personal search has the same meaning as in the [Court Security Act 2005](/view/html/inforce/current/act-2005-001).\n> \n> **s 7B:** Ins 2019 No 20, Sch 1.21\\[1\\].","sortOrder":10},{"sectionNumber":"7C","sectionType":"section","heading":"Security for judicial officers","content":"#### 7C Security for judicial officers\n\n7C Security for judicial officers\n\n> > (1) A sheriff’s officer may provide security services to a judicial officer for the protection of the judicial officer outside court premises.\n> \n> > (2) The services must be provided in accordance with an agreement between the Sheriff and the head of the court of which the judicial officer is a member.\n> \n> > (3) In this section—\n> > \n> > court and court premises have the same meanings as in the [Court Security Act 2005](/view/html/inforce/current/act-2005-001).\n> \n> **s 7C:** Ins 2020 No 4, Sch 1.5. Am 2021 No 4, Sch 1.24. Rep 2023 No 7, Sch 2.45. Ins 2024 No 8, Sch 1\\[5\\].","sortOrder":11},{"sectionNumber":"7D","sectionType":"section","heading":"Emergency assistance","content":"#### 7D Emergency assistance\n\n7D Emergency assistance\n\n> > (1) The Sheriff may, with the approval of the Secretary, enter into an agreement with the head of a Public Service agency to enable sheriff’s officers to assist the agency in connection with an emergency.\n> \n> > (2) In this section—\n> > \n> > head of a Public Service agency has the same meaning as in the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040).\n> > \n> > Public Service agency has the same meaning as in the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040).\n> \n> **s 7D:** Ins 2024 No 8, Sch 1\\[5\\].","sortOrder":12},{"sectionNumber":"Part 3","sectionType":"part","heading":"Offences","content":"# Part 3 Offences\n\nPart 3 Offences","sortOrder":13},{"sectionNumber":"8","sectionType":"section","heading":"Hindrance or obstruction of persons exercising Sheriff’s functions","content":"#### 8 Hindrance or obstruction of persons exercising Sheriff’s functions\n\n8 Hindrance or obstruction of persons exercising Sheriff’s functions\n\n> A person must not hinder or obstruct the Sheriff, or any sheriff’s officer or other person, in the Sheriff’s, sheriff’s officer’s or other person’s exercise of any of the Sheriff’s functions.\n> \n> Maximum penalty—100 penalty units or imprisonment for 6 months, or both.","sortOrder":14},{"sectionNumber":"9","sectionType":"section","heading":"Impersonation of sheriff’s officers","content":"#### 9 Impersonation of sheriff’s officers\n\n9 Impersonation of sheriff’s officers\n\n> A person who impersonates the Sheriff, or a sheriff’s officer, is guilty of an offence.\n> \n> Maximum penalty—100 penalty units or imprisonment for 6 months, or both.","sortOrder":15},{"sectionNumber":"10","sectionType":"section","heading":"Wearing or possession of sheriff’s officer uniforms by others","content":"#### 10 Wearing or possession of sheriff’s officer uniforms by others\n\n10 Wearing or possession of sheriff’s officer uniforms by others\n\n> > (1) A person (not being a sheriff’s officer) who wears or possesses a sheriff’s officer uniform is guilty of an offence.\n> > \n> > Maximum penalty—100 penalty units or imprisonment for 6 months, or both.\n> \n> > (2) A person (including a sheriff’s officer) who uses sheriff’s insignia otherwise than in the course of, and for the purpose of, exercising the functions of a sheriff’s officer is guilty of an offence.\n> > \n> > Maximum penalty—100 penalty units or imprisonment for 6 months, or both.\n> \n> > (3) A person is not guilty of an offence under this section if—\n> > \n> > > (a) the act or omission constituting the offence is authorised by the regulations or by a licence granted to the person by the Sheriff, or\n> > \n> > > (b) the person establishes that the person otherwise had the permission of the Sheriff for the act or omission, or\n> > \n> > > (c) the person establishes that the person had a reasonable excuse for the act or omission.\n> \n> > (4) Without limiting subsection (3), a person is not guilty of an offence under subsection (1) if the person wore or was in possession of the sheriff’s officer uniform for the purposes of public entertainment.\n> \n> > (5) The Sheriff may grant licences for the purposes of this section, with or without conditions, and may vary or revoke any such licences.\n> \n> > (6) In this section—\n> > \n> > sheriff’s insignia means—\n> > \n> > > (a) any items (being insignia, emblems, logos, devices, accoutrements and other things) that are generally recognised as pertaining to the Sheriff or as being used by sheriff’s officers, or\n> > \n> > > (b) any parts of any such items, or\n> > \n> > > (c) any reasonable imitation of any such items or parts, or\n> > \n> > > (d) any thing or class of thing prescribed by the regulations as being within this definition (whether or not it may already be within this definition),\n> > \n> > and includes sheriff’s officer uniforms, but does not include any thing or class of thing prescribed by the regulations as being outside this definition.\n> > \n> > sheriff’s officer uniform means the uniform of a sheriff’s officer, and includes—\n> > \n> > > (a) any parts of such a uniform (or any accoutrements of a sheriff’s officer) that are generally recognised as parts of the uniform or accoutrements of a sheriff’s officer, or\n> > \n> > > (b) any reasonable imitation of such a uniform, parts of a uniform or accoutrements.\n> > \n> > use of sheriff’s insignia includes use of a reproduction or representation of sheriff’s insignia.","sortOrder":16},{"sectionNumber":"11","sectionType":"section","heading":"Use of word “sheriff” in operating name","content":"#### 11 Use of word “sheriff” in operating name\n\n11 Use of word “sheriff” in operating name\n\n> > (1) A person who carries on any activity under an operating name that includes the word “sheriff” is guilty of an offence.\n> > \n> > Maximum penalty—100 penalty units.\n> \n> > (2) If an activity is carried on in contravention of subsection (1) in the name of a firm (that is, a partnership or other unincorporated body of persons), any person who is a member of the governing body of the firm is guilty of an offence under that subsection if the person knowingly authorised or permitted the contravention.\n> \n> > (3) This section does not prevent a person or body of persons from doing anything in accordance with the terms of a consent in force under section 12.\n> \n> > (4) This section does not apply to any body or class of bodies that is declared by the regulations to be a body or class of bodies to which this section does not apply.\n> \n> > (5) In this section, operating name includes any name, style, title or designation under which a person or body carries on an activity, any name under which an association is incorporated under the [Associations Incorporation Act 2009](/view/html/inforce/current/act-2009-007) and any business name registered under the [Business Names Registration Act 2011](http://www.legislation.gov.au/) of the Commonwealth in relation to a person, but does not include—\n> > \n> > > (a) in the case of an individual, the individual’s family name, either alone or together with—\n> > > \n> > > > (i) one or more of the individual’s given names, or\n> > > \n> > > > (ii) one or more of the initials of the individual’s given names, or\n> > > \n> > > > (iii) a combination of one or more of the individual’s given names and one or more of the initials of the individual’s remaining given names, or\n> > \n> > > (b) in the case of a corporation, the corporation’s corporate name, or\n> > \n> > > (c) in the case of an industrial organisation registered under the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017), the name under which the industrial organisation is registered, or\n> > \n> > > (d) in the case of any other statutory body, the name under which the body is incorporated, constituted or established.\n> \n> > (6) The provisions of this section and section 12 are intended to operate as referred to in sections 12 (2) (b) and (e), 19 (5) and 20 (3) of the [Business Names Registration Act 2011](http://www.legislation.gov.au/) of the Commonwealth.\n> > \n> > Note—\n> > \n> > Section 12 (2) (b) and (e) of the [Business Names Registration Act 2011](http://www.legislation.gov.au/) of the Commonwealth (the Commonwealth Act) provide that the business names legislation referred to in that section is not intended to exclude or limit the concurrent operation of a law of a State that—\n> > \n> > > (a) prohibits or restricts the use of a word or expression by an entity or class of entities, or\n> > \n> > > (b) imposes obligations on an entity or class of entities that are in addition to obligations imposed under that Act.\n> > \n> > Sections 19 (5) and 20 (3) of the Commonwealth Act also provide that an entity does not commit an offence under those sections concerning the inclusion or display of registered business names in written communications and at places of business if the inclusion, use or display of a business name in such a communication or at such a place would be contrary to a law of a State.\n> \n> **s 11:** Am 2009 No 7, Sch 3.13 \\[1\\]; 2011 No 44, Sch 3.19 \\[1\\] \\[2\\].","sortOrder":17},{"sectionNumber":"12","sectionType":"section","heading":"Consents for the purposes of section 11","content":"#### 12 Consents for the purposes of section 11\n\n12 Consents for the purposes of section 11\n\n> > (1) The Sheriff may grant consent to any person or body of persons to carry on any activity under an operating name (within the meaning of section 11) that includes the word “sheriff”, either unconditionally or subject to such conditions as the Sheriff considers appropriate to impose on the consent.\n> \n> > (2) A consent may be revoked by the Sheriff at any time.\n> \n> > (3) In deciding whether or not to grant or revoke a consent, the Sheriff must have regard to such matters (if any) as are prescribed by the regulations.\n> \n> > (4) Before revoking a consent, the Sheriff—\n> > \n> > > (a) must serve notice of the proposed revocation on the person or body of persons having the benefit of the consent, and\n> > \n> > > (b) must allow that person or body at least 14 days within which to make submissions with respect to the proposed revocation, and\n> > \n> > > (c) must have regard to any submissions that are duly made with respect to the proposed revocation.\n> \n> > (5) As soon as practicable after revoking a consent, the Sheriff must cause notice of that fact to be given—\n> > \n> > > (a) to the person or body of persons concerned, and\n> > \n> > > (b) if the consent relates to the name under which an association is incorporated under the [Associations Incorporation Act 2009](/view/html/inforce/current/act-2009-007)—to the Secretary of the Department of Finance, Services and Innovation, and\n> > \n> > > (c) if the consent relates to a business name registered under the [Business Names Registration Act 2011](http://www.legislation.gov.au/) of the Commonwealth—the Australian Securities and Investments Commission.\n> > \n> > Note—\n> > \n> > In the case of the name under which an association is incorporated under the [Associations Incorporation Act 2009](/view/html/inforce/current/act-2009-007), notification of the Secretary of the Department of Finance, Services and Innovation will prompt the Secretary to exercise his or her powers under that Act to direct the association to change its name.\n> \n> > (6) A consent that is revoked ceases to have effect—\n> > \n> > > (a) except as provided by paragraph (b)—\n> > > \n> > > > (i) at the end of 28 days after notice of the revocation is served on the person or body of persons concerned, or\n> > > \n> > > > (ii) at such later time as may be specified in the notice of revocation, or\n> > \n> > > (b) in the case of a consent that relates to the name under which an association is incorporated under the [Associations Incorporation Act 2009](/view/html/inforce/current/act-2009-007)—\n> > > \n> > > > (i) on the date on which the Secretary of the Department of Finance, Services and Innovation issues a certificate of incorporation in respect of the association’s new name under section 12 (3) of that Act, or\n> > > \n> > > > (ii) on the date on which the Secretary of the Department of Finance, Services and Innovation cancels the association’s incorporation under section 76 of that Act,\n> > > \n> > > as the case may be.\n> \n> > (7) In this section, a reference to the Secretary of the Department of Finance, Services and Innovation is, while the position of Commissioner for Fair Trading exists in that Department, to be read as a reference to the Commissioner.\n> \n> **s 12:** Am 2007 No 40, Sch 2.2; 2009 No 7, Sch 3.13 \\[2\\]–\\[4\\]; 2011 No 44, Sch 3.19 \\[3\\] \\[4\\]; 2017 No 22, Sch 4.43 \\[4\\].","sortOrder":18},{"sectionNumber":"13","sectionType":"section","heading":"Certificate of authority to be carried","content":"#### 13 Certificate of authority to be carried\n\n13 Certificate of authority to be carried\n\n> At all times while exercising the Sheriff’s functions a person must carry, and produce on demand, a certificate of identification in the form prescribed by the regulations.\n> \n> Maximum penalty—5 penalty units.","sortOrder":19},{"sectionNumber":"Part 4","sectionType":"part","heading":"Miscellaneous","content":"# Part 4 Miscellaneous\n\nPart 4 Miscellaneous","sortOrder":20},{"sectionNumber":"13A","sectionType":"section","heading":"Nature of proceedings for offences","content":"#### 13A Nature of proceedings for offences\n\n13A Nature of proceedings for offences\n\n> Proceedings for an offence under this Act or the regulations may be dealt with summarily before the Local Court.\n> \n> **s 13A:** Ins 2019 No 20, Sch 1.21\\[2\\].","sortOrder":21},{"sectionNumber":"14","sectionType":"section","heading":"Rank structure","content":"#### 14 Rank structure\n\n14 Rank structure\n\n> > (1) The Governor may, on the recommendation of the Sheriff, issue a document (a commission) recognising the appointment of a sheriff’s officer to the position of a commissioned officer.\n> \n> > (2) The purpose of a commission is symbolic recognition of the seniority of the sheriff’s officer.\n> \n> > (3) The Sheriff may publish the rank structure for sheriff’s officers, as in force from time to time, in the Gazette.\n> \n> **s 14:** Am 2005 No 6, Sch 1.4. Rep 2016 No 52, Sch 2.7. Ins 2024 No 8, Sch 1\\[6\\].","sortOrder":22},{"sectionNumber":"15","sectionType":"section","heading":"Exclusion of liability","content":"#### 15 Exclusion of liability\n\n15 Exclusion of liability\n\n> An act or omission of the Sheriff, the Sheriff’s alternate, a sheriff’s officer or any other person acting under the direction of the Sheriff or a sheriff’s officer does not subject the Sheriff, Sheriff’s alternate, sheriff’s officer or person so acting personally to any action, liability, claim or demand if the act or omission was done, or omitted to be done, in good faith for the purpose of exercising a function under this Act or another Act.\n> \n> **s 15:** Am 2024 No 8, Sch 1\\[7\\].","sortOrder":23},{"sectionNumber":"16","sectionType":"section","heading":"Regulations","content":"#### 16 Regulations\n\n16 Regulations\n\n> > (1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n> \n> > (2) A regulation may create an offence punishable by a penalty not exceeding 50 penalty units.","sortOrder":24},{"sectionNumber":"17","sectionType":"section","heading":"Repeals, amendments and savings provisions","content":"#### 17 Repeals, amendments and savings provisions\n\n17 Repeals, amendments and savings provisions\n\n> > (1) The [Sheriff Act 1900](/view/html/repealed/current/act-1900-016) is repealed.\n> \n> > (2) (Repealed)\n> \n> > (3) Schedule 2 has effect.\n> \n> **s 17:** Am 2008 No 62, Sch 4.","sortOrder":25},{"sectionNumber":"18","sectionType":"section","heading":"Abrogation of provisions of Charter of Justice","content":"#### 18 Abrogation of provisions of Charter of Justice\n\n18 Abrogation of provisions of Charter of Justice\n\n> > (1) Such of the provisions of the Charter of Justice as provide for the appointment of persons to the office of Sheriff, or to the appointment of Sheriff’s deputies, cease to have effect.\n> \n> > (2) Subsection (1) does not limit or otherwise affect any function exercisable by the Sheriff under or by virtue of the Charter of Justice.","sortOrder":26},{"sectionNumber":"19","sectionType":"section","heading":"Review of Act","content":"#### 19 Review of Act\n\n19 Review of Act\n\n> > (1) The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.\n> \n> > (2) The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to this Act.\n> \n> > (3) A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.","sortOrder":27},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":null,"content":"# Schedule 1\n\nSchedule 1 (Repealed)\n\n**sch 1:** Rep 2008 No 62, Sch 4.","sortOrder":28},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Savings, transitional and other provisions","content":"# Schedule 2 Savings, transitional and other provisions\n\nSchedule 2 Savings, transitional and other provisions\n\n(Section 17 (3))\n\n**sch 2:** Am 2005 No 28, Sch 5.44; 2011 No 44, Sch 3.19 \\[5\\].","sortOrder":29}],"analysis":{"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The original 1900 Act focused narrowly on service of process, sureties and basic civil enforcement. This 2005 Act has substantially expanded the Sheriff's scope to include court and tribunal security, jury administration, protective security for judicial officers outside court premises, emergency assistance to other agencies, and specific search and force powers, transforming the role into a broader court-services and protective function."},"complexity_factors":["Frequent cross-references to at least eight other statutes including the Court Security Act 2005, Jury Act 1977, Civil Procedure Act 2005, Residential Tenancies Act 2010 and Government Sector Employment Act 2013","Layered rules on delegation (s 5), alternate exercise of functions (s 6) and conditional powers when executing writs (s 7A) or arrest warrants (s 7B)","Detailed offence provisions with multiple defences, licensing regimes and regulatory exemptions (ss 10–12)","Transitional and savings provisions carried over from the repealed Sheriff Act 1900 plus multiple amendment histories up to 2024"],"plain_english_summary":"**The Sheriff Act 2005** sets out the official roles, powers, and limits for the Sheriff and sheriff's officers in New South Wales.\n\nIn simple terms, the Sheriff is the person in charge of:\n- Keeping courts and tribunals safe and secure (including working with rules in the Court Security Act 2005).\n- Running the jury system fairly and efficiently.\n- Enforcing civil court orders, such as evictions from land or seizing property to pay debts.\n- Providing personal protection to judges and other judicial officers, sometimes even outside the courtroom.\n- Helping other government agencies during emergencies when agreements are in place.\n\nThe Act explains who can act as a sheriff's officer, how they must identify themselves, what force they can use when carrying out court orders, and the rules for searching people when executing certain arrest warrants. It creates criminal offences for obstructing officers, pretending to be one, or misusing sheriff uniforms and insignia. It also controls who can use the word 'sheriff' in a business name.\n\nThis law matters because it balances effective court enforcement with safeguards for the public, such as 30-day notice before evictions in most cases, strict rules on personal searches, and protections so officers are not personally sued if they act in good faith. It replaced an older 1900 law and has been updated to reflect modern court needs."},"summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The volume of amendments (approximately 17 since 2005) strongly suggests the Act's scope has expanded or been refined over time — likely to reflect changes in court enforcement practices, technology, privacy considerations, and the integration of the Sheriff's office into broader justice system reforms. The frequency of updates indicates this was not a static, narrow piece of legislation but one that has grown in complexity and reach since its original enactment."},"complexity_factors":["Governs a specialist government office (the Sheriff) with both administrative and law enforcement functions","Interacts with multiple other laws including court procedure legislation, enforcement of judgments rules, and property law","Has been amended approximately 17 times since 2005, creating a layered and evolving legal framework","Balances public authority powers against individual rights (e.g., entry to property, seizure of goods)","Limited substantive content is visible in this extract — only metadata and status information is provided, making full analysis difficult","Administered by the Attorney General, indicating intersection with broader justice system governance"],"plain_english_summary":"## Sheriff Act 2005 (NSW)\n\n**What is this?**\nThis is a New South Wales law that governs the office of the **Sheriff** — the official responsible for enforcing court orders in NSW. Think of the Sheriff's office as the enforcement arm of the court system: they carry out things like evicting people from properties, seizing goods when someone owes money under a court order, and managing security at courthouses.\n\n**Who does this affect?**\n- Anyone who has a **court order made against them** (e.g., a debt judgment or an eviction order) — the Sheriff is the one who may show up to enforce it\n- **Creditors** (people or businesses owed money) who need court orders physically enforced\n- **Sheriff's officers** and their staff — it sets out their powers, duties, and accountability\n- Anyone who **interacts with the courts** in NSW, since Sheriff's officers provide security and order in courthouses\n\n**Why does it matter to you?**\n- If a court orders that your property be seized to pay a debt, or that you be evicted, it's the Sheriff's office that carries this out — this law defines exactly how they must do it and what rights you have\n- It sets limits on the Sheriff's powers, so there are safeguards against abuse\n- It has been updated **many times since 2005** (approximately 17 amendments), meaning the rules have evolved significantly over the years\n\n**Bottom line:** This law is the rulebook for NSW's court enforcement officers. Most people won't encounter it unless they're involved in a serious legal dispute where a court order needs to be physically enforced."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The Act replaces the former Sheriff Act 1900 by repealing it (s 17) and preserves incumbents and certain existing bonds and service arrangements (Sch 2 Parts 2 and 3). It also abrogates those parts of the Charter of Justice that previously provided for appointment mechanics for the Sheriff and deputies (s 18). Those repeal and abrogation provisions indicate a change in the legal source and mechanics for appointment and administration of the Sheriff’s office compared with the prior statutory and Charter arrangements."},"complexity_factors":["Multiple cross-references to other statutes (Court Security Act 2005, Jury Act 1977, Civil Procedure Act 2005, various tenancy Acts) increasing reliance on external provisions (s 4, s 7A, s 7B).","Delegation rules with constraints where underlying law prohibits subdelegation (s 5(2)).","Mix of criminal offences, licensing/consent regimes and administrative discretions (s 8–12, s 10(5), s 12).","Operational powers with procedural safeguards (use of force, entry, searches) requiring factual judgment and training (s 7A, s 7B).","Transitional and savings provisions preserving effects from the repealed Act and continuity of existing consents (s 17, Sch 2 Part 2 and Part 3)."],"plain_english_summary":"What this law does, who it affects, and how it works (plain English)\n\n- Mechanical changes first\n  - This Act sets out the role, powers and limits of the Sheriff and sheriff’s officers in New South Wales. It replaces the earlier Sheriff Act 1900 (s 17) and removes Charter of Justice provisions about appointing sheriffs and deputies (s 18). It preserves existing officers and certain existing bonds and procedure from the old law while providing transitional savings (Sch 2 Parts 2 and 3).\n\n- Core functions and powers\n  - The Act lists the Sheriff’s primary duties: court and tribunal security, jury administration, civil enforcement, protection of judicial officers, and any other functions given by law (s 4). The Sheriff may also exercise functions conferred under Commonwealth, other States or Territories laws (s 4(2)).\n  - The Sheriff may delegate almost any function to sheriff’s officers, other departmental employees or prescribed persons, subject to limits where another law restricts delegation (s 5).\n  - Where the Sheriff has a conflict of interest in litigation, the Sheriff’s alternate must exercise the Sheriff’s functions in relation to those proceedings (s 6).\n\n- Use of force, searches and property possession\n  - Sheriff’s officers executing writs or warrants for possession of land may enter premises, take reasonably necessary steps and use reasonable force, and they may request police assistance (s 7A(1)–(2)). The occupier must be given at least 30 days’ notice to deliver possession except in specified tenancy or court-stay situations (s 7A(3)–(4)).\n  - A sheriff’s officer executing certain arrest warrants may require a person named in the warrant to submit to a personal search if there are reasonable grounds; the Act sets procedural safeguards (show warrant and ID, privacy, least invasive search practicable, same-sex search where possible) and allows seizure of dangerous items (s 7B(1)–(5)). Failure to comply with a lawful search requirement can attract a penalty (s 7B(7)).\n\n- Protective and emergency assistance roles\n  - Sheriff’s officers may be authorised to provide personal security to judicial officers outside court premises under an agreement with the court head (s 7C).\n  - The Sheriff may enter agreements with Public Service agencies, with Secretary approval, to allow sheriff’s officers to assist in emergencies (s 7D).\n\n- Identification, oaths and rank\n  - Before exercising functions, the Sheriff and each sheriff’s officer must take an oath or affirmation as prescribed (s 7). Failure to take the oath does not invalidate acts taken (s 7(2)).\n  - While exercising functions, sheriff’s officers must carry and produce a prescribed certificate of identification on demand (s 13).\n  - The Governor may issue symbolic commissions recognising seniority; the Sheriff may publish rank structure (s 14).\n\n- Offences, licensing and name controls\n  - It is an offence to hinder or obstruct the Sheriff or sheriff’s officers in the exercise of functions; penalty up to 100 penalty units and/or 6 months imprisonment (s 8).\n  - Impersonating the Sheriff or a sheriff’s officer is an offence with the same maximum penalty (s 9).\n  - Non-sheriff persons wearing or possessing sheriff’s officer uniforms, or using sheriff’s insignia outside official duty, is an offence punishable by up to 100 penalty units and/or 6 months imprisonment; limited exceptions apply (public entertainment, authorised licences or permission, or reasonable excuse) (s 10(1)–(4)). The Sheriff may grant, vary or revoke licences for uniform/insignia use and impose conditions (s 10(5)).\n  - A person may not carry on activities under an operating name that includes the word “sheriff” (s 11). The Sheriff may grant consent to use “sheriff” in an operating name, with conditions and revocable at any time; notice and at least 14 days for submissions are required before revocation (s 12). Revocations must be notified to relevant agencies if the name is an incorporated association or a Commonwealth-registered business name (s 12(5)–(6)).\n\n- Administrative powers, protections and penalties\n  - The Governor may make regulations to support the Act; regulations may create offences up to 50 penalty units (s 16).\n  - Acts or omissions done in good faith while exercising functions under this Act or another Act do not expose the Sheriff, alternate, sheriff’s officers or persons acting under direction to personal liability (s 15).\n  - Proceedings for offences under this Act may be dealt with summarily in the Local Court (s 13A).\n  - The Minister must review the Act about 5 years after assent and table a report in Parliament (s 19).\n\n- Who pays, who decides, and what changes in behaviour\n  - Who pays: individuals and businesses that are subject to sheriff enforcement (eg, occupiers facing possession writs) bear direct costs of enforcement activity (s 7A). People and organisations that use the word “sheriff” in a business name or wear/use sheriff insignia without permission risk fines and criminal penalties (s 10–12). The State funds the Sheriff’s office and any agreements to provide security or emergency assistance (s 4, s 7C, s 7D).\n  - Who decides: the Sheriff and the Secretary exercise significant discretion (delegation, licences, consents, agreements and rank publication) (s 5, s 10(5), s 12, s 7C, s 7D). The Governor and regulations also set detail (s 14, s 16).\n  - Behaviour changes required: businesses must avoid using “sheriff” in operating names without consent (s 11–12) or apply for and comply with conditions; people must not impersonate or dress as sheriff’s officers unless licensed (s 9–10); sheriff’s officers must take prescribed oaths and carry ID when acting (s 7, s 13); occupiers facing writs must comply with possession notices or litigation (s 7A).\n\n- Incentives, trade-offs and implementation considerations (source-linked)\n  - Concentrated vs diffuse effects: The Act centralises security, enforcement and name-control powers with the Sheriff and the department (s 4, s 5, s 10–12). Benefits (court security, enforcement capacity, controlled use of the title) are concentrated in courts and Sheriff’s Office; costs (compliance, potential penalties, name changes) fall on businesses and individuals affected by the restrictions (s 4, s 10–12).\n  - Administrative discretion and compliance burden: The Sheriff can grant, condition, vary or revoke licences and consents (s 10(5), s 12). Those seeking consent/licence will face administrative steps and the possibility of conditions or revocation, which creates ongoing compliance obligations (s 12(3)–(6)). Regulations (s 16) can add offences or requirements up to the specified penalty level.\n  - Enforcement and operational risk: The Act gives sheriff’s officers the power to use reasonable force, enter premises and involve police when executing possession writs (s 7A), and provides for personal searches under limited circumstances with procedural safeguards (s 7B). These operational powers carry implementation risk around correct exercise (privacy, proportionality and notice requirements) and require training and oversight to ensure statutory safeguards are met (s 7A(3), s 7B(5)).\n  - Liability shield and incentives for officials: Section 15 removes personal liability for officials acting in good faith under the Act, which reduces the legal risk to individuals acting for the Sheriff but places the duty of oversight and remedy in public rather than private action (s 15).\n\n- Cross-references and interaction with other laws\n  - The Act expressly interacts with a number of other laws for particular powers and limits (for example, the Court Security Act 2005, Jury Act 1977, Civil Procedure Act 2005 and various tenancy Acts referenced in s 7A and s 4). Delegation of functions conferred by other jurisdictions is subject to limits set by those laws (s 4, s 5(2))."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/sheriff-act-2005","history":"/api/acts/sheriff-act-2005/history","analysis":"/api/acts/sheriff-act-2005/analysis","conflicts":"/api/acts/sheriff-act-2005/conflicts","importantCases":"/api/acts/sheriff-act-2005/important-cases","documents":"/api/acts/sheriff-act-2005/documents"}}