NORTHERN TERRITORY OF AUSTRALIA
SHERIFF ACT 1962
As in force at 5 January 2018
Table of provisions
1 Short title ......................................................................................... 1
2 Repeal ............................................................................................. 1
3 References to sheriff, &c., in other Acts .......................................... 1
4 Definitions ........................................................................................ 1
5 Appointment of sheriffs and officers ................................................ 2
6 Power of sheriff to appoint deputy sheriff, &c. ................................. 2
7 Duties of sheriff................................................................................ 2
9 Powers and duties of deputy sheriff ................................................. 3
10 Status and duties of bailiffs .............................................................. 3
11 Security by bailiffs............................................................................ 3
12 Provision for cases where sheriff ought not to execute process ...... 4
12A Use of custodial correctional facility or detention centre to
accommodate sheriff's detainees .................................................... 4
13 Power to convey arrested person to custodial correctional
facility or detention centre ................................................................ 4
14 Resistance to process ..................................................................... 4
16 Receipt for process.......................................................................... 5
17 Duties of sheriff on receipt of debt due to Territory .......................... 5
18 Duty of sheriff to attend Court .......................................................... 5
19 Duty of outgoing sheriff to turn over process and detainees to
incoming sheriff ............................................................................... 6
20 Sale by sheriff .................................................................................. 7
21 Liability of sheriff and officers .......................................................... 7
22 Liability for escape ........................................................................... 7
23 Liability of administrator to satisfy judgments against the
sheriff ............................................................................................... 7
25 Fees and poundage ......................................................................... 8
26 Sheriff may be justice of the peace.................................................. 8
27 Regulations...................................................................................... 8
Schedule Acts and Ordinances of the State of South
Australia which cease to apply to the
Northern Territory
ENDNOTES
SHERIFF ACT 1962
An Act relating to the offices of sheriff and bailiff and to other matters
1 Short title
This Act may be cited as the Sheriff Act 1962.
2 Repeal
(1) The Sheriff Ordinance 1911 is repealed.
(2) The Acts and Ordinances of the State of South Australia which are
specified in the Schedule cease, to the extent specified in that
Schedule, to apply to the Territory.
3 References to sheriff, &c., in other Acts
A reference to a sheriff or deputy sheriff in any other Act shall be
construed as a reference to a sheriff or deputy sheriff, as the case
may be, appointed under this Act.
4 Definitions
In this Act:
Court means the Supreme Court or the Court of Criminal Appeal.
custodial correctional facility, see section 11(1)(a) of the
Correctional Services Act 2014.
detention centre, see section 5(1) of the Youth Justice Act 2005.
Judge means a Supreme Court Judge.
officer of the sheriff means a person appointed under this Act to
be a deputy sheriff, bailiff or other officer of the sheriff.
rules of court means Rules of Court made or continued in force
under the Supreme Court Act 1979.
Sheriff Act 1962 2
sheriff, means the sheriff or the acting sheriff and, in relation to a
matter in which a deputy sheriff has acted, includes a deputy
sheriff. and in relation to a matter in which a person appointed for
that matter under section 12 or 18 has acted, includes that person.
Note for section 4
The Interpretation Act 1978 contains definitions and other provisions that may be
relevant to this Act.
5 Appointment of sheriffs and officers
(1) The Attorney-General may appoint:
(a) a person to be the sheriff; and
(b) such persons to be deputy sheriffs, bailiffs and other officers
of the sheriff as the Attorney-General thinks necessary to
assist the sheriff.
(2) A person appointed under subsection (1) holds office during the
pleasure of the Attorney-General.
(2A) The Chief Justice may appoint a person to be the acting sheriff and
a person so appointed:
(a) has the same powers and functions as the sheriff; and
(b) holds office during the pleasure of the Chief Justice.
6 Power of sheriff to appoint deputy sheriff, &c.
The sheriff may by writing under his hand appoint a person to be a
deputy sheriff, bailiff or other officer of the sheriff for the purpose of
a particular proceeding or during a period specified in the
instrument of appointment.
7 Duties of sheriff
(1) It is the duty of the sheriff:
(a) to serve or execute all writs, summonses, orders, warrants,
precepts, process and commands of the Court that are
directed to him, and to make such return of them to the Court,
together with the manner of their execution, as he is required
by them;
(b) to take, receive and detain all persons who are committed to
the custody of the Court, or the sheriff and to discharge all
such persons when directed so to do by the Court or by any
law in force in the Territory; and
Sheriff Act 1962 3
(c) to perform all such other duties as are imposed upon him by
this Act or another Act or by rules of court or the direction of
the Court or a Judge.
(2) The duties imposed upon the sheriff under subsection (1) shall be
in addition to and shall not derogate from the duties imposed upon
him by or under any other law in force in the Territory.
(3) The sheriff is an officer of the Court.
9 Powers and duties of deputy sheriff
(2) Subject to this section, to any directions of the sheriff and to the
terms of his appointment, a deputy sheriff may exercise the powers
and shall perform the duties and functions of the sheriff.
(3) In particular a deputy sheriff must, in accordance with the terms of
the deputy's appointment, but subject to any directions of the
sheriff:
(a) execute any process of the Court directed to the sheriff; and
(b) make return of such a process, together with the manner of its
execution; and
(c) receive any person who is committed to the custody of the
sheriff and ensure the person is:
(i) accommodated at a custodial correctional facility or
detention centre in accordance with an arrangement
under section 12A; or
(ii) detained at some other place; and
(d) do or perform any other thing which the sheriff is bound to do
or perform.
10 Status and duties of bailiffs
Every bailiff appointed under this Act is an officer of the sheriff and
shall execute all warrants, orders and precepts of the sheriff
directed to him and in all respects perform the same duties as were
before the commencement of this Act performed by the officers of
the sheriff.
11 Security by bailiffs
(1) The Attorney-General may require a bailiff to give security to the
Territory, by bond of himself and 2 responsible sureties or in such
other manner as the Attorney-General requires, for the due
Sheriff Act 1962 4
performance by him of the duties of his office and for the due
payment by him to the sheriff, or as the sheriff directs, of all moneys
which come into his hands in the execution of the duties of his
office.
(2) On a bond so given, the Attorney-General may sue in the name of
the Territory in any court having jurisdiction up to the amount
claimed.
12 Provision for cases where sheriff ought not to execute process
Where any process is awarded or issued against the sheriff or
where, in the opinion of the Court or a Judge, circumstances render
it improper for the sheriff to execute any process, the Court or the
Judge may direct the process to any fit person appointed by the
Court or the Judge.
12A Use of custodial correctional facility or detention centre to
accommodate sheriff's detainees
(1) The sheriff may make such arrangements with the Commissioner of
Correctional Services, or Chief Executive Officer (as defined in
section 19 of the Public Sector Employment and Management
Act 1993) of the Agency responsible for youth justice, as are
necessary and appropriate for accommodating persons who are in
the custody of the sheriff at custodial correctional facilities or
detention centres.
(2) A person who is accommodated at a custodial correctional facility
or detention centre under such an arrangement is taken to remain
in the custody of the sheriff.
13 Power to convey arrested person to custodial correctional
facility or detention centre
Where the sheriff or an officer of the sheriff has arrested a person
under or by virtue of any process, the sheriff or officer may
immediately convey the person, or cause the person to be
conveyed, to the custodial correctional facility or detention centre to
which the person is to be sent by virtue of the process issued
against the person..
14 Resistance to process
(1) If the sheriff finds any resistance in the execution of any process,
he shall take with him such assistants as he thinks desirable and go
in person to the execution and, using such assistants as he thinks
necessary, may arrest the resisters and bring them before a justice
of the peace to be dealt with according to law.
Sheriff Act 1962 5
(2) A person who resists:
(a) the sheriff;
(b) an officer of the sheriff; or
(c) a person acting under subsection (1) as an assistant of the
sheriff,
in the execution of any process is guilty of an offence punishable on
a finding of guilt by imprisonment for a term not exceeding
one year.
16 Receipt for process
The sheriff shall, at the request of a person delivering a process to
him for execution, give a receipt for the process, stating the day and
time of its delivery.
17 Duties of sheriff on receipt of debt due to Territory
(1) Where the sheriff or any other person employed in collecting by
process from any court a debt due to the Territory receives from a
person a sum as being due to the Territory, the sheriff or the first
mentioned person shall give the last mentioned person a receipt for
that sum and the sheriff shall, on becoming aware of the receipt,
without delay take all necessary steps to procure in respect of that
sum the effective discharge of the person paying it.
(2) A person receiving a sum to which subsection (1) applies shall
account first to the sheriff and the sheriff shall give a receipt for the
sum.
18 Duty of sheriff to attend Court
(1) The sheriff shall attend upon all criminal sittings of the Court and
upon other sittings when required to do so by the Court or a Judge.
(2) If at any time the sheriff is not in attendance upon the Court, the
Court or a Judge may appoint a person to exercise and perform,
during any period or in any matter ordered by the Court or the
Judge, such powers and duties of the sheriff as the Court or the
Judge specifies.
(3) The Court or a Judge may issue to the person so appointed instead
of to the sheriff any process or direction authorized to be issued to
the sheriff.
Sheriff Act 1962 6
19 Duty of outgoing sheriff to turn over process and detainees to
incoming sheriff
(1) An outgoing sheriff:
(a) shall, on ceasing to be sheriff, make out and deliver to the
incoming sheriff a correct list and account of:
(i) all persons who are then in the sheriff's custody;
(ii) all processes directed to him by the Court but not wholly
executed by him; and
(iii) all other matters in which duties imposed upon him by
rules of court, the direction of the Court or a Judge or
this Act are not wholly performed by him,
with such particulars as are necessary to explain to the
incoming sheriff the several matters intended by the outgoing
sheriff to be transferred to the incoming sheriff; and
(b) shall thereupon transfer to the custody of the incoming sheriff
the persons, processes and matters specified in paragraph (a)
and all records, books and matters relating to the office of
sheriff.
(2) The incoming sheriff:
(a) shall thereupon sign and give to the outgoing sheriff a
duplicate of the list and account; and
(b) shall thereupon stand charged with:
(i) the custody of the persons so transferred to his custody;
and
(ii) the execution of the processes and the performance of
the duties relating to the matters contained in the list and
account.
(3) A duplicate of the list and account, signed and given in accordance
with subsection (2) shall be a good and sufficient discharge to the
outgoing sheriff of and from:
(a) the custody of the persons; and
(b) the execution of the processes and the performance of the
duties relating to the matters contained in the list and account.
Sheriff Act 1962 7
20 Sale by sheriff
The sheriff may sell by public auction property of any kind taken in
execution.
21 Liability of sheriff and officers
(1) The sheriff shall not be personally liable for any wrongful act or
default of an officer of the sheriff.
(2) The sheriff and every officer of the sheriff shall be liable each for his
own wrongful acts and defaults in the same manner and to the
same extent as before the commencement of this Act.
22 Liability for escape
(1) Subject to subsection (2), if a person is in the custody of the sheriff,
an officer of the sheriff or any other person:
(a) in execution or for non-performance of a judgment or order of
the Court;
(b) for contempt of court; or
(c) otherwise in the course of a civil proceeding,
and the first mentioned person escapes out of legal custody, the
sheriff, the officer of the sheriff or the other person shall be liable to
pay the damages sustained by the person at whose suit the first
mentioned person was taken into custody and all costs of any
proceedings to recover those damages but no further sum.
(2) A person is not liable under section 21 for the escape of a person
from a custodial correctional facility or detention centre.
23 Liability of administrator to satisfy judgments against the
sheriff
(1) The Administrator shall satisfy any judgment obtained against the
sheriff, any officer of the sheriff or any other person for a wrongful
act done or default committed by the sheriff or that officer of the
sheriff or other person in the execution or intended execution of his
duties under this Act.
(2) The sheriff or officer of the sheriff in respect of whose wrongful act
or default the Administrator has paid any money under
subsection (1) shall be liable to indemnify the Administrator for any
money so paid; but the Attorney-General may, if in his opinion it is
just to do so, exempt the sheriff or any officer of the sheriff from his
liability under this subsection in any particular case.
Sheriff Act 1962 8
25 Fees and poundage
(1) The sheriff or an officer of the sheriff concerned in the execution of
any process directed to the sheriff may demand, take and receive
such fees relating to the execution of the process as are fixed by
the regulations.
(2) No poundage shall be payable to the sheriff or any officer of the
sheriff for taking the body of any person in execution.
26 Sheriff may be justice of the peace
The sheriff shall not, by reason of holding office as sheriff, be
disqualified for appointment as a justice of the peace.
27 Regulations
The Administrator may make regulations, not inconsistent with this
Act, prescribing all matters which are required or permitted to be
prescribed, or which are necessary or convenient to be prescribed,
for carrying out or giving effect to this Act, and, in particular,
prescribing matters for or in relation to:
(a) the amount and time of payment of fees payable to the sheriff
or an officer of the sheriff;
(b) the settlement of disputes as to the amount of fees payable in
any case;
(c) requiring execution creditors either generally or in prescribed
cases to give security for payment of fees payable to the
sheriff or an officer of the sheriff or to lodge a deposit on
account of such fees;
(d) empowering the sheriff or an officer of the sheriff in cases
where he is requested by the execution creditor to withdraw
before sale, to require the execution creditor, the execution
debtor and any legal practitioner concerned to furnish him with
particulars of the arrangement between the execution creditor
and the execution debtor; and
(e) regulating generally the performance of the duties of the
sheriff and officers of the sheriff.
Schedule Acts and Ordinances of the State of South Australia which cease to apply to
the Northern Territory
Sheriff Act 1962 9
Schedule Acts and Ordinances of the State of South
Australia which cease to apply to the Northern
Territory
section 2
Number and
Year of Act or
Ordinance
Title or Short Title of Act or Ordinance Extent of
Repeal
15 of 1842 An Act to regulate the Appointment and
the Duties of the Sheriff of the Province
of South Australia
The whole
3 of 1843 An Ordinance to amend an Ordinance
intituled "An Act to Regulate the
Appointment and the Duties of the
Sheriff of the Province of South
Australia"
The whole
20 of 1852 An Act to enable the Sheriff to appoint a
Deputy to perform the Duties of his
Office, and to abolish the Poundage
now payable on taking the body in
execution
The whole
20 of 1866-7 The Equity Act, 1866 Sections 17
to 21 inclusive
24 of 1874 The Northern Territory Deputy Sheriff's
Act, 1874
The whole
ENDNOTES
Sheriff Act 1962 10
ENDNOTES
1 KEY
Key to abbreviations
amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted
nc = not commenced
2 LIST OF LEGISLATION
Sheriff Ordinance 1962 (Act No. 35, 1963)
Assent date 22 May 1963
Commenced 22 May 1963
Sheriff Ordinance 1966 (Act No. 37, 1966)
Assent date 7 September 1966
Commenced 7 September 1966
Ordinances Revision Ordinance 1973 (Act No. 87, 1973)
Assent date 11 December 1973
Commenced 11 December 1973 (s 12(2))
Amending Legislation
Ordinances Revision Ordinance 1974 (Act No. 34, 1974)
Assent date 26 August 1974
Commenced 11 December 1973 (s 3(2))
Ordinances Revision Ordinance (No. 2) 1974 (Act No. 69, 1974)
Assent date 24 October 1974
Commenced 11 December 1973 (s 3)
Ordinances Revision Ordinance 1976 (Act No. 27, 1976)
Assent date 28 June 1976
Commenced ss 1, 2 and 6: 28 June 1976 (s 6(2));
ss 3 and 4: 11 December 1973; s 5: 24 October 1974
Sheriff Ordinance 1974 (Act No. 12, 1974)
Assent date 26 June 1974
Commenced 26 June 1974
ENDNOTES
Sheriff Act 1962 11
Statute Law Revision Act 1978 (Act No. 95, 1978)
Assent date 5 September 1978
Commenced 5 September 1978
Sheriff Act 1979 (Act No. 111, 1979)
Assent date 24 September 1979
Commenced 1 October 1979 (s 3, s 2 Supreme Court Act 1979 (Act
No. 109, 1979) and Gaz S18, 28 September 1979, p 1)
Limitation Act 1981 (Act No. 87, 1981)
Assent date 21 September 1981
Commenced 26 February 1982 (Gaz G8, 26 February 1982, p 2)
Statute Law Revision Act 1982 (Act No. 21, 1982)
Assent date 27 April 1982
Commenced 27 April 1982
Sheriff Amendment Act 1984 (Act No. 19, 1984)
Assent date 12 July 1984
Commenced 1 August 1984 (Gaz S40, 1 August 1984)
Statute Law Revision Act 1992 (Act No. 46, 1992)
Assent date 7 September 1992
Commenced 7 September 1992
Statute Law Revision Act 1995 (Act No. 14, 1995)
Assent date 23 June 1995
Commenced 23 June 1995
Sentencing (Consequential Amendments) Act 1996 (Act No. 17, 1996)
Assent date 19 April 1996
Commenced s 7: 19 April 1996; rem: 1 July 1996 (s 2, s 2 Sentencing
Act 1995 (Act No. 39, 1995) and Gaz S15, 13 June 1996)
Correctional Services (Related and Consequential Amendments) Act 2014 (Act No. 27,
2014)
Assent date 4 September 2014
Commenced 9 September 2014 (Gaz S80, 9 September 2014, p 2)
Local Court (Related Amendments) Act 2016 (Act No. 8, 2016)
Assent date 6 April 2016
Commenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related
Amendments) Act 2016 (Act No. 9, 2016) and Gaz S34,
29 April 2016)
Youth Justice Legislation Amendment Act 2017 (Act No. 19, 2017)
Assent date 30 October 2017
Commenced 5 January 2018 (Gaz G51, 20 December 2017, p 4)
3 SAVINGS AND TRANSITIONAL PROVISIONS
s 4 Sheriff Amendment Act 1984 (Act No. 19, 1984)
ENDNOTES
Sheriff Act 1962 12
4 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table
of amendments to this reprint) are made by the Ordinances Revision
Ordinance 1973 (as amended) to the following provisions: ss 2, 4, 11, 19, 22,
23 and 24.
5 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table
of amendments to this reprint) are made by the Interpretation Legislation
Amendment Act 2018 (Act No. 22, 2018) to: ss 1, 4 and 12A.
6 LIST OF AMENDMENTS
lt amd No. 21, 1982, s 2
ss 1– 2 amd No. 21, 1982, s 2
s 3 sub No. 21, 1982, s 2
s 4 amd No. 37, 1966, s 2; No. 12, 1974, s 3; No. 21, 1982, s 2; No. 46, 1992,
s 7; No. 14, 1995, s 8; No. 27, 2014, s 41; No. 8, 2016, s 45; No. 19, 2017,
s 39
s 5 amd No. 14, 1995, s 8
s 7 amd No. 37, 1966, s 2
sub No. 111, 1979, s 4
amd No. 19, 1984, s 3; No. 46, 1992, s 7
s 8 rep No. 12, 1974, s 4
s 9 amd No. 37, 1966, s 2; No. 12, 1974, s 5; No. 27, 2014, s 42; No. 19, 2017,
s 39
s 10 amd No. 21, 1982, s 2
s 11 amd No. 111, 1979, s 5
s 12 amd No. 37, 1966, s 2
s 12A ins No. 27, 2014, s 43
amd No. 19, 2017, s 39
s 13 amd No. 27, 2014, s 44; No. 19, 2017, s 39
s 14 amd No. 17, 1996, s 6; No. 8, 2016, s 45
s 15 amd No. 37, 1966, s 2
rep No. 12, 1974, s 6
s 17 amd No. 111, 1979, s 5
s 18 amd No. 37, 1966, s 2
s 19 amd No. 37, 1966, s 2; No. 21, 1982, s 2; No. 27, 2014, s 45
s 21 amd No. 21, 1982, s 2
s 22 amd No. 37, 1966, s 2; No. 27, 2014, s 46; No. 19, 2017, s 39
s 23 amd No. 21, 1982, s 2
s 24 rep No. 87, 1981, s 3
s 26 amd No. 8, 2016, s 45
s 27 amd No. 95, 1978, s 14; No. 21, 1982, s 2
sch amd No. 21, 1982, s 2