{"id":"nsw:sl-2021-0463","name":"Sheriff Regulation 2021","slug":"sheriff-regulation-2021","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"463 of 2021","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176284,"registerId":"nsw-nsw:sl-2021-0463-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Regulation","content":"#### 1 Name of Regulation\n\n1 Name of Regulation\n\n> This Regulation is the [Sheriff Regulation 2021](/view/html/inforce/current/sl-2021-0463).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Regulation commences on the day on which it is published on the NSW legislation website.\n> \n> Note.\n> \n> This Regulation repeals and replaces the [Sheriff Regulation 2016](/view/html/repealed/current/sl-2016-0550), which would otherwise be repealed on 1 September 2021 by the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146), section 10(2).","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Definition","content":"#### 3 Definition\n\n3 Definition\n\n> In this Regulation—\n> \n> the Act means the [Sheriff Act 2005](/view/html/inforce/current/act-2005-006).\n> \n> Note.\n> \n> The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this Regulation.","sortOrder":2},{"sectionNumber":"3A","sectionType":"section","heading":"Sheriff’s alternate","content":"#### 3A Sheriff’s alternate\n\n3A Sheriff’s alternate\n\n> The following persons are declared to be the Sheriff’s alternate for the Act, section 3(1), definition of Sheriff’s alternate—\n> \n> > (a) the Secretary,\n> \n> > (b) the Deputy Secretary, Courts, Tribunals and Service Delivery, Department of Communities and Justice,\n> \n> > (c) General Counsel Legal, Department of Communities and Justice.\n> \n> **s 3A:** Ins 2025 (100), Sch 1.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Delegation of Sheriff’s functions","content":"#### 4 Delegation of Sheriff’s functions\n\n4 Delegation of Sheriff’s functions\n\n> For the purposes of the Act, section 5(c), the Sector Supervisor of the NSW Police Force on Lord Howe Island is prescribed.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Oath or affirmation of office","content":"#### 5 Oath or affirmation of office\n\n5 Oath or affirmation of office\n\n> For the purposes of the Act, section 7(1), the following form is prescribed—\n> \n> I, , do \\[*\\*swear/solemnly, sincerely and truly declare and affirm*\\] that I will well and truly serve our Sovereign Lady the Queen as \\[*\\*the Sheriff/a sheriff’s officer*\\] without favour or affection, malice or ill-will until I am legally discharged, and that while I continue to be \\[*\\*the Sheriff/a sheriff’s officer*\\] I will to the best of my skill and knowledge discharge all my duties faithfully according to law. \\[*\\*\\*So help me God*.\\]\n> \n> \\* Omit whichever does not apply.\n> \n> \\*\\* Omit if affirmation.","sortOrder":5},{"sectionNumber":"5A","sectionType":"section","heading":"COVID-19 pandemic—extension of prescribed period","content":"#### 5A COVID-19 pandemic—extension of prescribed period\n\n5A COVID-19 pandemic—extension of prescribed period\n\n> The prescribed period referred to in the Act, section 7C(14) ends at the beginning of 26 March 2022.\n> \n> **s 5A:** Ins 2021 (537), Sch 1.10.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Bodies with operating name that includes “sheriff”","content":"#### 6 Bodies with operating name that includes “sheriff”\n\n6 Bodies with operating name that includes “sheriff”\n\n> For the purposes of the Act, section 11(4), a body that has, among its primary objects, the object of providing public entertainment is declared to be a body to which the Act, section 11 does not apply.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Matters for consideration for consents","content":"#### 7 Matters for consideration for consents\n\n7 Matters for consideration for consents\n\n> For the purposes of the Act, section 12(3), the following matters are prescribed—\n> \n> > (a) whether an application for registration of the operating name under the [Business Names Registration Act 2011](http://www.legislation.gov.au/) of the Commonwealth has been, or would likely be, refused,\n> \n> > (b) whether an application for incorporation of an association under the operating name under the [Associations Incorporation Act 2009](/view/html/inforce/current/act-2009-007) has been, or would likely be, refused,\n> \n> > (c) whether the operating name suggests a connection to the Sheriff or to sheriff’s officers,\n> \n> > (d) whether the operating name is used, or is proposed to be used, in connection with—\n> > \n> > > (i) carrying on a security activity within the meaning of the [Security Industry Act 1997](/view/html/inforce/current/act-1997-157), or\n> > \n> > > (ii) exercising a security officer’s function under the [Court Security Act 2005](/view/html/inforce/current/act-2005-001).","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Form of certificates of identification for sheriff’s officers","content":"#### 8 Form of certificates of identification for sheriff’s officers\n\n8 Form of certificates of identification for sheriff’s officers\n\n> For the purposes of the Act, section 13, the following form is prescribed—\n> \n> ([Sheriff Act 2005](/view/html/inforce/current/act-2005-006), section 13)\n> \n> I, the Sheriff of New South Wales, certify that the holder of this certificate, \\[*insert name of sheriff’s officer*\\] whose photograph, authority number and signature appear below, is a sheriff’s officer for the purposes of the [Sheriff Act 2005](/view/html/inforce/current/act-2005-006).\n> \n> |  |  |  |\n> |  | [affix photograph here] | Authority number: [insert authority number]Signature of sheriff’s officer: [insert signature]Signature of Sheriff: [insert signature] |\n> |  |  |  |","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Repeal and savings","content":"#### 9 Repeal and savings\n\n9 Repeal and savings\n\n> > (1) The [Sheriff Regulation 2016](/view/html/repealed/current/sl-2016-0550) is repealed.\n> \n> > (2) Any act, matter or thing that, immediately before the repeal of the [Sheriff Regulation 2016](/view/html/repealed/current/sl-2016-0550), had effect under that Regulation continues to have effect under this Regulation.","sortOrder":10}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Regulation repeals and replaces the Sheriff Regulation 2016 (s 9(1)) but expressly preserves any act, matter or thing that had effect under the 2016 Regulation (s 9(2)). It primarily restates and updates procedural and descriptive rules: naming the Sheriff’s alternates (s 3A), prescribing a local delegation (s 4), fixing an oath form (s 5), extending a COVID‑related period to 26 March 2022 (s 5A), excluding public‑entertainment bodies with ‘sheriff’ in their name from section 11 (s 6), prescribing matters for consent decisions about operating names (s 7), and prescribing the form of identity certificates (s 8). Those changes are operational and prescriptive rather than expanding or narrowing the statutory scope established by the Sheriff Act; the savings provision indicates continuity of legal effect from the earlier Regulation (s 9(2))."},"complexity_factors":["Small number of discrete, technical provisions (definitions, prescribed persons, prescribed forms, specified matters for consideration).","Multiple cross‑references to other statutes (Sheriff Act 2005; Business Names Registration Act 2011; Associations Incorporation Act 2009; Security Industry Act 1997; Court Security Act 2005) which require users to consult other laws to see full effect (s 3; s 7).","Administrative discretion remains in application of prescribed considerations (s 7), requiring factual assessment rather than a pure formula.","Transient COVID‑19 timing provision that creates a temporary rule (s 5A) increasing short‑term interpretive attention.","Savings clause preserving prior effects (s 9(2)), which makes comparison with the prior instrument necessary for transitional issues."],"plain_english_summary":"This Regulation replaces the 2016 instrument and updates practical rules under the Sheriff Act: who may stand in for the Sheriff, a Lord Howe Island police delegate, prescribed oath and identity‑card form, and a short COVID‑period extension. Critically, it regulates use of “sheriff” in operating names (setting consent criteria) while exempting public‑entertainment bodies from one statutory restriction. It chiefly affects the Sheriff’s office and businesses or associations seeking to trade under a name including “sheriff,” creating predictable but binding administrative steps."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulation remains tightly focused on its original purpose: supporting the operation of the Sheriff Act 2005 through administrative prescriptions (forms, delegations, naming rules). The 2021 version is a straightforward remake of the 2016 regulation with no significant expansion of scope. The only addition (s 3A regarding Sheriff's alternates) fills a gap in operational continuity rather than expanding the regulatory reach."},"complexity_factors":["Only 9 substantive sections (plus one inserted section)","Minimal defined terms (only 'the Act' is explicitly defined)","Straightforward prescriptive provisions (prescribing forms, listing specific office holders)","No nested conditional logic or complex cross-referencing beyond basic references to the parent Act","Single temporary provision (s 5A) with a fixed date, now spent","No exceptions to exceptions or elaborate saving provisions beyond standard continuity clause"],"plain_english_summary":"This regulation sets out the administrative rules for how the NSW Sheriff's office operates under the Sheriff Act 2005. It covers four main things:\n\n**Who can act as Sheriff when the Sheriff is unavailable**\n- The Secretary of the Department of Communities and Justice, the Deputy Secretary for Courts and Tribunals, and the General Counsel Legal can all step in as the Sheriff's alternate.\n\n**Who can be given Sheriff's powers on Lord Howe Island**\n- The Sector Supervisor of the NSW Police Force on Lord Howe Island can be delegated Sheriff's functions.\n\n**The oath Sheriff's officers must take**\n- Prescribes the exact wording of the oath or affirmation that Sheriffs and sheriff's officers must swear when taking office, promising to serve faithfully and without bias.\n\n**Rules about using the word \"sheriff\" in business names**\n- Prevents businesses from misleading the public by using \"sheriff\" in their name unless they get consent.\n- Entertainment businesses (like theatre groups or event companies) are exempt from these naming restrictions.\n- Sets out what the Sheriff must consider when deciding whether to consent to a business name, including whether it suggests a false connection to the official Sheriff's office or conflicts with security industry laws.\n\n**COVID-19 extension**\n- Extended a temporary COVID-19 related period regarding sheriff's officer appointments until 26 March 2022 (now expired).\n\n**ID certificates**\n- Sets out the standard format for official identification certificates that sheriff's officers must carry.\n\n**Why it matters:** This regulation ensures the Sheriff's office can function smoothly with proper delegations, maintains public trust through official oaths and identification, and protects the integrity of the Sheriff's brand by preventing misleading business names."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on the available metadata, there is no clear indication that the regulation's scope has materially changed from its original intent. The existence of amendments (a new version from 15 September 2021 and again from 14 March 2025) suggests updates have been made, but without the substantive text it is not possible to determine whether these represent scope changes or merely technical or procedural adjustments."},"complexity_factors":["Only metadata and status information was provided — the substantive content of the regulation is absent, preventing full analysis","The regulation itself, governing Sheriff's Office operations, would typically involve procedural rules and fee schedules which are moderately technical","The automatic repeal (staged repeal) mechanism under the Subordinate Legislation Act 1989 adds a minor layer of temporal complexity","Amendment history (three versions since 2021) suggests some evolution in scope or content, but detail is unavailable"],"plain_english_summary":"## Sheriff Regulation 2021 (NSW)\n\nThis is a **NSW regulation** (a set of rules made under a broader law) that supports the operation of the **Sheriff's Office** in New South Wales — the government body responsible for enforcing court orders, serving legal documents, managing courtroom security, and carrying out functions like property seizures ordered by courts.\n\n**What this document actually shows us:**\nUnfortunately, only the metadata and status information for this regulation has been provided — not the actual rules it contains. What we can tell you is:\n\n- **It exists and is current** as of 14 March 2025.\n- It has been **amended at least once** since it was first made in August 2021.\n- It is **due to be automatically repealed (cancelled)** on **1 September 2026** under NSW's system of automatically reviewing and sunsetting (expiring) regulations every few years — unless it is remade before that date.\n- It sits under the broader **Sheriff Act** (the main law governing the Sheriff's Office in NSW).\n\n**Who does this affect?**\nPrimarily people who interact with the Sheriff's Office — including people who have court orders enforced against them (e.g., debt recovery, evictions), lawyers and law firms that deal with process serving (delivering legal documents), and Sheriff's officers themselves in how they carry out their duties.\n\n**Why does it matter?**\nRegulations like this set out the practical details — fees, procedures, forms, powers — that make the broader Sheriff Act work in day-to-day life. Without seeing the full text, the specific impacts on individuals cannot be fully detailed."}},"importantCases":[],"_links":{"self":"/api/acts/sheriff-regulation-2021","history":"/api/acts/sheriff-regulation-2021/history","analysis":"/api/acts/sheriff-regulation-2021/analysis","conflicts":"/api/acts/sheriff-regulation-2021/conflicts","importantCases":"/api/acts/sheriff-regulation-2021/important-cases","documents":"/api/acts/sheriff-regulation-2021/documents"}}