{"id":"sr:sheriff-regulations-2019","name":"Sheriff Regulations 2019","slug":"sheriff-regulations-2019","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181670,"registerId":"vic-sr:sheriff-regulations-2019-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Sheriff Regulations 2019","content":"Version No. 002\n\n**Sheriff Regulations 2019**\n\n**S.R. No. 80/2019**\n\nVersion incorporating amendments as at  \n21 September 2021\n\n**TABLE OF PROVISIONS**\n\n*Regulation Page*\n\nPart 1—Preliminary 1\n\n1 Objective 1\n\n2 Authorising provision 1\n\n3 Commencement 1\n\n4 Revocations 1\n\nPart 2—Sheriff fees 2\n\nDivision 1—Supreme Court fees 2\n\n5 Application of Division 2\n\n6 Fees for execution or attempted execution of civil warrant 2\n\n7 Fee payable for additional address specified for execution 2\n\n8 Fee payable for renewal or address redirection 3\n\n9 Fee payable for supply of duplicate civil warrant 3\n\nDivision 2—County Court fees 3\n\n10 Application of Division 3\n\n11 Fees for execution or attempted execution of civil warrant 3\n\n12 Fee payable for additional address specified for execution 4\n\n13 Fee payable for renewal or address redirection 4\n\n14 Fee payable for supply of duplicate civil warrant 5\n\nDivision 3—Magistrates' Court fees 5\n\n15 Application of Division 5\n\n16 Fees for execution or attempted execution of civil warrant 5\n\n17 Fee payable for additional address specified for execution 5\n\n18 Fee payable for renewal or address redirection 5\n\n19 Fee payable for supply of duplicate civil warrant 6\n\nDivision 4—Waiver of fees 6\n\n19A Sheriff may waive fees 6\n\nPart 3—Miscellaneous 7\n\n20 Prescribed court and enforcement legislation 7\n\n21 Prescribed specified warrant details 8\n\n═════════════\n\nEndnotes 9\n\n1 General information 9\n\n2 Table of Amendments 11\n\n3 Amendments Not in Operation 12\n\n4 Explanatory details 13\n\n**Version No.** **002**\n\n**Sheriff Regulations 2019**\n\n**S.R. No. 80/2019**\n\nVersion incorporating amendments as at  \n21 September 2021\n\nPart 1—Preliminary\n\n\t1 Objective\n\nThe objective of these Regulations is to prescribe—\n\n(a) fees payable for or in relation to the execution of a civil warrant directed to the sheriff; and\n\n(b) other matters required to be prescribed under the **Sheriff Act 2009**.\n\n\t2 Authorising provision\n\nThese Regulations are made under section 56 of the **Sheriff Act 2009**.\n\n\t3 Commencement\n\nThese Regulations come into operation on 28 September 2019.\n\n\t4 Revocations\n\nThe following Regulations are **revoked**—\n\n(a) the Sheriff Regulations 2009[[1]](#endnote-2);\n\n(b) the Sheriff Amendment Regulations 2018[[2]](#endnote-3).\n\nPart 2—Sheriff fees\n\nDivision 1—Supreme Court fees\n\n\t5 Application of Division\n\nThis Division applies to a civil warrant directed to the sheriff issued by the Supreme Court.\n\n\t6 Fees for execution or attempted execution of civil warrant\n\n(1) The fee payable for execution or attempted execution of a warrant of possession alone is—\n\n(a) 14·35 fee units for the first 2 attempts; and\n\n(b) 12·36 fee units for each further 2 attempts after the first 2 attempts.\n\n(2) The fee payable for execution or attempted execution of a warrant of possession together with at least one more civil warrant is 17·53 fee units.\n\n(3) If neither subregulation (1) nor (2) applies to the execution or attempted execution of a civil warrant, the fee payable for that execution or attempted execution is—\n\n(a) 13·71 fee units for the first 4 attempts; and\n\n(b) 4·27 fee units for each further 2 attempts after the first 4 attempts.\n\n\t7 Fee payable for additional address specified for execution\n\nIf a civil warrant for which a fee is payable under regulation 6 specifies more than one address for execution, an additional fee of 10·45 fee units is payable for each additional address specified in the warrant.\n\n\t8 Fee payable for renewal or address redirection\n\n(1) If a civil warrant is issued as a consequence of the expiry of another civil warrant, the fee payable, by the person who applied for the new warrant, for the new warrant being provided to the sheriff is 10·45 fee units.\n\n(2) The fee payable for requesting that a civil warrant be executed at a place different from that specified in the warrant is 10·45 fee units.\n\n(3) If a party—\n\n(a) requests that a civil warrant is withheld or withdrawn from execution; and\n\n(b) later instructs that the execution of that warrant is to proceed—\n\nthe fee payable for the instruction to proceed with the warrant is 10·45 fee units.\n\n\t9 Fee payable for supply of duplicate civil warrant\n\nThe fee payable for the supply by the sheriff of a duplicate copy of a civil warrant is 1·99 fee units.\n\nDivision 2—County Court fees\n\n\t10 Application of Division\n\nThis Division applies to a civil warrant directed to the sheriff issued by the County Court.\n\n\t11 Fees for execution or attempted execution of civil warrant\n\n(1) The fee payable for execution or attempted execution of a warrant of possession alone is—\n\n(a) 14·35 fee units for the first 2 attempts; and\n\n(b) 12·36 fee units for each further 2 attempts after the first 2 attempts.\n\n(2) The fee payable for execution or attempted execution of a warrant of possession together with at least one more civil warrant is 17·53 fee units.\n\n(3) If neither subregulation (1) nor (2) applies to the execution or attempted execution of a civil warrant, the fee payable for that execution or attempted execution is—\n\n(a) 13·71 fee units for the first 4 attempts; and\n\n(b) 4·27 fee units for each further 2 attempts after the first 4 attempts.\n\n\t12 Fee payable for additional address specified for execution\n\nIf a civil warrant for which a fee is payable under regulation 11 specifies more than one address for execution, an additional fee of 10·45 fee units is payable for each additional address specified in the warrant.\n\n\t13 Fee payable for renewal or address redirection\n\n(1) If a civil warrant is issued as a consequence of the expiry of another civil warrant, the fee payable, by the person who applied for the new warrant, for the new warrant being provided to the sheriff is 10·45 fee units.\n\n(2) The fee payable for requesting that a civil warrant be executed at a place different from that specified in the warrant is 10·45 fee units.\n\n(3) If a party—\n\n(a) requests that a civil warrant is withheld or withdrawn from execution; and\n\n(b) later instructs that the execution of that warrant is to proceed—\n\nthe fee payable for the instruction to proceed with the warrant is 10·45 fee units.\n\n\t14 Fee payable for supply of duplicate civil warrant\n\nThe fee payable for the supply by the sheriff of a duplicate copy of a civil warrant is 1·99 fee units.\n\nDivision 3—Magistrates' Court fees\n\n\t15 Application of Division\n\nThis Division applies to a civil warrant directed to the sheriff issued by the Magistrates' Court.\n\n\t16 Fees for execution or attempted execution of civil warrant\n\nThe fee payable for execution or attempted execution of a civil warrant is—\n\n(a) 13·71 fee units for the first 4 attempts; and\n\n(b) 4·27 fee units for each further 2 attempts after the first 4 attempts.\n\n\t17 Fee payable for additional address specified for execution\n\nIf a civil warrant for which a fee is payable under regulation 16 specifies more than one address for execution, an additional fee of 10·45 fee units is payable for each additional address specified in the warrant.\n\n\t18 Fee payable for renewal or address redirection\n\n(1) If a civil warrant is issued as a consequence of the expiry of another civil warrant, the fee payable, by the person who applied for the new warrant, for the new warrant being provided to the sheriff is 10·45 fee units.\n\n(2) The fee payable for requesting that a civil warrant be executed at a place different from that specified in the warrant is 10·45 fee units.\n\n(3) If a party—\n\n(a) requests that a civil warrant is withheld or withdrawn from execution; and\n\n(b) later instructs that the execution of that warrant is to proceed—\n\nthe fee payable for the instruction to proceed with the warrant is 10·45 fee units.\n\n\t19 Fee payable for supply of duplicate civil warrant\n\nThe fee payable for the supply by the sheriff of a duplicate copy of a civil warrant is 1·99 fee units.\n\nPt 2 Div. 4 (Heading and reg. 19A) inserted by S.R. No. 117/2021 reg. 3.\n\nDivision 4—Waiver of fees\n\nReg. 19A inserted by S.R. No. 117/2021 reg. 3.\n\n\t19A Sheriff may waive fees\n\n(1) The sheriff may waive a fee that is payable under another Division of this Part if satisfied that there are reasonable grounds for the waiver of the fee.\n\n(2) The waiver of the fee may be subject to conditions specified by the sheriff.\n\nPart 3—Miscellaneous\n\n\t20 Prescribed court and enforcement legislation\n\nFor the purposes of the definition of ***court and enforcement legislation*** in section 3 of the **Sheriff Act 2009**, the following are prescribed Acts—\n\n(a) the **Bail Act 1977**;\n\n(b) the **Children, Youth and Families Act 2005**;\n\n(c) the **Confiscation Act 1997**;\n\n(d) the **Crown Proceedings Act 1958**;\n\n(e) the **EastLink Project Act 2004**;\n\n(f) the **Goods Act 1958**;\n\n(g) the **Imperial Acts Application Act 1980**;\n\n(h) the **Imprisonment of Fraudulent Debtors Act 1958**;\n\n(i) the **Land Acquisition and Compensation Act 1986**;\n\n(j) the **Major Transport Projects Facilitation Act 2009**;\n\n(k) the **Project Development and Construction Management Act 1994**;\n\n(l) the **Property Law Act 1958**;\n\n(m) the **Residential Tenancies Act 1997**;\n\n(n) the **Road Management Act 2004**;\n\n(o) the **Transfer of Land Act 1958**.\n\n\t21 Prescribed specified warrant details\n\nFor the purposes of section 14(2) of the **Sheriff Act 2009**, the following are prescribed details—\n\n(a) the court that issued the warrant;\n\n(b) the outstanding fine amount (if applicable);\n\n(c) fees payable in relation to the warrant, other than fees payable under these Regulations (if applicable);\n\n(d) a description of the matter to which the warrant relates;\n\n(e) the Act and section to which the warrant relates (if applicable).\n\n═════════════\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\nThe Sheriff Regulations 2019, S.R. No. 80/2019 were made on 10 September 2019 by the Governor in Council under section 56 of the **Sheriff Act 2009**, No. 9/2009 and came into operation on 28 September 2019: regulation 3.\n\nThe Sheriff Regulations 2019 will sunset 10 years after the day of making on 10 September 2029 (see section 5 of the **Subordinate Legislation Act 1994**).\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original regulation, rule or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in a Statutory Rule which is made on or after  \n1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nThis includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.  \nSee section 36(1A)(2A)(2B).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in a Statutory Rule which is made on or after  \n1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nSee section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after  \n1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThis publication incorporates amendments made to the Sheriff Regulations 2019 by statutory rules, subordinate instruments and Acts.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\nSheriff Amendment Regulations 2021, S.R. No. 117/2021\n\n| *Date of Making:* | 21.9.21 |\n| --- | --- |\n| *Date of Commencement:* | 21.9.21 |\n\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Amendments Not in Operation\n\nThis version does not contain amendments that are not yet in operation.\n\n4 Explanatory details\n\n1. Reg. 4(a): S.R. No. 112/2009 as amended by S.R. No. 44/2018. [↑](#endnote-ref-2)\n\n2. Reg. 4(b): S.R. No. 44/2018.\n\n  ——\n\n  **Fee Units**\n\n  These Regulations provide for fees by reference to fee units within the meaning of the **Monetary Units Act 2004**.\n\n  The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.\n\n  The value of a fee unit for the financial year commencing 1 July 2021 is $15.03. The amount of the calculated fee may be rounded to the nearest 10 cents.\n\n  The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the **Monetary Units Act 2004**. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year. [↑](#endnote-ref-3)","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available information, the regulations appear to serve their intended purpose as subordinate rules supporting the Sheriff Act. There is no evidence from the provided text that the scope has shifted from the original regulatory intent. The regulations appear to be a consolidation of existing rules rather than a substantive expansion or contraction of the Sheriff's powers or functions."},"complexity_factors":["Limited legislative text was provided, making full analysis impossible","Regulations of this type typically involve cross-referencing with the parent Sheriff Act, adding some complexity","Fee schedules and procedural rules can involve technical detail but are generally straightforward in application","Limited scope — regulations are narrower in effect than primary legislation (Acts)","Primarily affects a specific government agency and those subject to enforcement, rather than the general public broadly"],"plain_english_summary":"These regulations flesh out how Victoria’s Sheriff’s Office enforces court orders — setting the practical rules, fees, required forms, conduct standards and any special exemptions that apply when carrying out actions like debt collection, evictions and service of documents. \n\nThey matter to people facing enforcement (debtors, evictees), businesses or landlords enforcing judgments, and sheriff’s officers themselves, because they define what officers may do, what they may charge, and the procedural protections and obligations involved."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The instrument replaces earlier sheriff regulations (reg 4) and, by incorporating S.R. No. 117/2021, adds a specific discretionary waiver power for the sheriff (reg 19A), which expands administrative discretion over fee collection. Otherwise the instrument continues to prescribe fees and technical particulars required under the Sheriff Act 2009 (reg 1)."},"complexity_factors":["Tiered fee schedules by court and by number of execution attempts (Supreme: reg 6; County: reg 11; Magistrates': reg 16).","Additional separate fees for extra addresses, renewals/redirections, withheld/withdrew-and-proceed instructions, and duplicate warrants (regs 7–9, 12–14, 17–19).","Fees expressed in fee units requiring conversion by the Monetary Units Act 2004 and annual fee‑unit value publication (Explanatory details).","Discretionary waiver power granted to the sheriff (reg 19A) introduces administrative discretion and conditional waivers.","Cross‑references to the Sheriff Act 2009 as the authorising statute (reg 2) and prescription of other Acts and warrant detail requirements (regs 20–21).","Amendment history and revocation of earlier regulations (reg 4; insertion note for reg 19A by S.R. No. 117/2021) that alter regime scope and practice."],"plain_english_summary":"Sets the fees (expressed in fee units) the sheriff may charge to execute or attempt to execute civil warrants issued by the Supreme, County and Magistrates' Courts, and prescribes related technical particulars and Acts for use with the Sheriff Act 2009. The stated objective is to prescribe those fees under the Sheriff Act 2009; it affects applicants and judgment creditors (they pay) and the sheriff (who collects and may waive fees under reg 19A), and amounts are calculated using fee units and the Monetary Units Act 2004."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: prescribing fees for Sheriff services and related administrative matters under the Sheriff Act 2009. The 2021 amendment added a fee waiver provision (regulation 19A), but this is a natural extension of the fee-setting function rather than scope creep. The regulations have not expanded into substantive enforcement powers or procedural rules."},"complexity_factors":["Straightforward structure with only 21 regulations across 3 Parts","Minimal cross-referencing—primarily references to the Sheriff Act 2009 and Monetary Units Act 2004","Repetitive structure: Divisions 1, 2, and 3 mirror each other almost exactly for each court tier (Supreme, County, Magistrates')","Only 1 defined term used ('court and enforcement legislation' in regulation 20)","Simple conditional logic limited to fee calculation tiers (first X attempts vs further attempts)","No nested exceptions or complex procedural requirements","Fee unit system adds slight complexity but is standard Victorian practice"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set out the fees that people must pay when they ask the Victorian Sheriff to execute (carry out) civil warrants. A **civil warrant** is a court order directing the Sheriff to take action—such as seizing property or evicting someone from a property—to enforce a court judgment or debt.\n\n**Who it affects:**\n\n- **Creditors and judgment creditors**: People or businesses who have won a court case and need the Sheriff to enforce the judgment (for example, to recover money owed or take possession of property).\n- **Tenants and debtors**: Indirectly affected, as the fees are ultimately part of the cost of enforcement actions taken against them.\n- **The Sheriff of Victoria**: The office responsible for carrying out these warrants.\n\n**Key things the regulations cover:**\n\n- **Fees vary by court**: Different fees apply depending on whether the warrant comes from the Supreme Court, County Court, or Magistrates' Court.\n- **Execution attempts**: Fees are charged based on how many times the Sheriff tries to execute the warrant. For example:\n  - In the Supreme and County Courts, evicting someone from a property (**warrant of possession**) costs 14.35 fee units for the first two attempts, then 12.36 fee units for each subsequent pair of attempts.\n  - Other warrants cost 13.71 fee units for the first four attempts, then 4.27 fee units for each further two attempts.\n- **Extra charges**: Additional fees apply for:\n  - Multiple addresses (10.45 fee units per extra address)\n  - Renewing an expired warrant or redirecting it to a different location (10.45 fee units)\n  - Asking the Sheriff to resume a warrant that was previously put on hold (10.45 fee units)\n  - Getting a duplicate copy of a warrant (1.99 fee units)\n- **Fee waiver**: The Sheriff has discretion to waive fees if there are reasonable grounds (added in 2021).\n- **Fee units**: Fees are set in \"fee units\" rather than dollar amounts. The actual dollar value changes yearly—currently 1 fee unit = $15.03 (as of 2021). This allows fees to keep up with inflation without rewriting the regulations.\n\n**Why it matters:**\n\nThese regulations ensure the Sheriff's office is funded by those using its enforcement services, rather than by general taxpayers. The 2021 amendment adding fee waiver power gives vulnerable people a potential escape from fees they genuinely cannot afford."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/sheriff-regulations-2019","history":"/api/acts/sheriff-regulations-2019/history","analysis":"/api/acts/sheriff-regulations-2019/analysis","conflicts":"/api/acts/sheriff-regulations-2019/conflicts","importantCases":"/api/acts/sheriff-regulations-2019/important-cases","documents":"/api/acts/sheriff-regulations-2019/documents"}}