This Division applies to a civil warrant directed to the sheriff issued by the Supreme Court.
6 Fees for execution or attempted execution of civil warrant
(1) The fee payable for execution or attempted execution of a warrant of possession alone is—
(a) 14·35 fee units for the first 2 attempts; and
(b) 12·36 fee units for each further 2 attempts after the first 2 attempts.
(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.
(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—
(a) 13·71 fee units for the first 4 attempts; and
(b) 4·27 fee units for each further 2 attempts after the first 4 attempts.
7 Fee payable for additional address specified for execution
If 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.
8 Fee payable for renewal or address redirection
(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.
(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.
(3) If a party—
(a) requests that a civil warrant is withheld or withdrawn from execution; and
(b) later instructs that the execution of that warrant is to proceed—
the fee payable for the instruction to proceed with the warrant is 10·45 fee units.
9 Fee payable for supply of duplicate civil warrant
The fee payable for the supply by the sheriff of a duplicate copy of a civil warrant is 1·99 fee units.
Division 2—County Court fees
10 Application of Division
This Division applies to a civil warrant directed to the sheriff issued by the County Court.
11 Fees for execution or attempted execution of civil warrant
(1) The fee payable for execution or attempted execution of a warrant of possession alone is—
(a) 14·35 fee units for the first 2 attempts; and
(b) 12·36 fee units for each further 2 attempts after the first 2 attempts.
(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.
(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—
(a) 13·71 fee units for the first 4 attempts; and
(b) 4·27 fee units for each further 2 attempts after the first 4 attempts.
12 Fee payable for additional address specified for execution
If 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.
13 Fee payable for renewal or address redirection
(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.
(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.
(3) If a party—
(a) requests that a civil warrant is withheld or withdrawn from execution; and
(b) later instructs that the execution of that warrant is to proceed—
the fee payable for the instruction to proceed with the warrant is 10·45 fee units.
14 Fee payable for supply of duplicate civil warrant
The fee payable for the supply by the sheriff of a duplicate copy of a civil warrant is 1·99 fee units.
Division 3—Magistrates' Court fees
15 Application of Division
This Division applies to a civil warrant directed to the sheriff issued by the Magistrates' Court.
16 Fees for execution or attempted execution of civil warrant
The fee payable for execution or attempted execution of a civil warrant is—
(a) 13·71 fee units for the first 4 attempts; and
(b) 4·27 fee units for each further 2 attempts after the first 4 attempts.
17 Fee payable for additional address specified for execution
If 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.
18 Fee payable for renewal or address redirection
(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.
(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.
(3) If a party—
(a) requests that a civil warrant is withheld or withdrawn from execution; and
(b) later instructs that the execution of that warrant is to proceed—
the fee payable for the instruction to proceed with the warrant is 10·45 fee units.
19 Fee payable for supply of duplicate civil warrant
The fee payable for the supply by the sheriff of a duplicate copy of a civil warrant is 1·99 fee units.
Pt 2 Div. 4 (Heading and reg. 19A) inserted by S.R. No. 117/2021 reg. 3.
Division 4—Waiver of fees
Reg. 19A inserted by S.R. No. 117/2021 reg. 3.
19A Sheriff may waive fees
(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.
(2) The waiver of the fee may be subject to conditions specified by the sheriff.
Part 3—Miscellaneous
20 Prescribed court and enforcement legislation
For the purposes of the definition of court and enforcement legislation in section 3 of the Sheriff Act 2009, the following are prescribed Acts—
(a) the Bail Act 1977;
(b) the Children, Youth and Families Act 2005;
(c) the Confiscation Act 1997;
(d) the Crown Proceedings Act 1958;
(e) the EastLink Project Act 2004;
(f) the Goods Act 1958;
(g) the Imperial Acts Application Act 1980;
(h) the Imprisonment of Fraudulent Debtors Act 1958;
(i) the Land Acquisition and Compensation Act 1986;
(j) the Major Transport Projects Facilitation Act 2009;
(k) the Project Development and Construction Management Act 1994;
(l) the Property Law Act 1958;
(m) the Residential Tenancies Act 1997;
(n) the Road Management Act 2004;
(o) the Transfer of Land Act 1958.
21 Prescribed specified warrant details
For the purposes of section 14(2) of the Sheriff Act 2009, the following are prescribed details—
(a) the court that issued the warrant;
(b) the outstanding fine amount (if applicable);
(c) fees payable in relation to the warrant, other than fees payable under these Regulations (if applicable);
(d) a description of the matter to which the warrant relates;
(e) the Act and section to which the warrant relates (if applicable).
═════════════
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The 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.
The 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).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes 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.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 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.
This 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.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All 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).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 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.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "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.
• Other material
Any 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).
2 Table of Amendments
This publication incorporates amendments made to the Sheriff Regulations 2019 by statutory rules, subordinate instruments and Acts.
This version does not contain amendments that are not yet in operation.
4 Explanatory details
Reg. 4(a): S.R. No. 112/2009 as amended by S.R. No. 44/2018. ↑
Reg. 4(b): S.R. No. 44/2018.
——
Fee Units
These Regulations provide for fees by reference to fee units within the meaning of the Monetary Units Act 2004.
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.
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.
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. ↑