16Duties, &c., of bailiffs

### 16 Duties, &c., of bailiffs > > (1)  A bailiff has and may exercise and discharge such powers, authorities, duties and functions as may be specified in this or any other Act. > > > (2)  Subject to [subsection (1)](#GS16@Gs1@EN) , a bailiff must exercise and discharge his or her powers, authorities, duties and functions in accordance with such orders or directions as may be given by a magistrate. > > > (3)  Except as provided in [subsection (6)](#GS16@Gs6@EN) , a bailiff must serve and execute all process issued out of the Court and generally perform all duties and exercise all functions required to be performed and exercised by a bailiff appointed under this Act. > > > (4)  [*\[Section 16 Subsection (4) amended by No. 6 of 2003, s. 36, Applied:01 Jul 2003\]*](/view/html/inforce/2003-07-01/act-2003-006#GS36@Hpa@EN) A bailiff must, in the execution of his or her duties, comply with the rules of court and the direction of the Court. > > > (5)  A bailiff is responsible for his or her acts and defaults and the acts and defaults of any person assisting the bailiff in like manner as the sheriff is responsible for his or her acts and defaults and the acts and defaults of the sheriff's officers. > > > (6)  [*\[Section 16 Subsection (6) amended by No. 6 of 2003, s. 36, Applied:01 Jul 2003\]*](/view/html/inforce/2003-07-01/act-2003-006#GS36@Hpb@EN) [*\[Section 16 Subsection (6) substituted by No. 53 of 2003, s. 9, Applied:25 Sep 2003\]*](/view/html/inforce/2003-09-25/act-2003-053#GS9@EN) Nothing in this section prohibits the service of process in any proceedings by a party to those proceedings if that process is authorized or required to be served under the rules of court. > > > (7)  References in [subsection (6)](#GS16@Gs6@EN) to a party to any proceedings are to be construed as including references to a practitioner acting on behalf of that party in those proceedings or any person acting on the directions of that party or that practitioner. > > > (8)  Where a person other than a bailiff serves any process in any proceedings, that person is entitled to recover a service fee in accordance with a scale prescribed by the regulations.