Australian Capital Territory

Magistrates Court (Civil Jurisdiction) Regulations
in force under the
Magistrates Court (Civil Jurisdiction) Act 1982
Republication No 4A
As in force on 31 July 1999
Includes all amendments up to Subordinate Law 1998 No 10

Prepared by the ACT Parliamentary Counsel’s Office
This republication is not an authorised republication for the Legislation (Republication) Act 1996.
As in force on
 31 July 1999

Australian Capital Territory

Magistrates Court (Civil Jurisdiction) Regulations
in force under the
Magistrates Court (Civil Jurisdiction) Act 1982
CONTENTS
	Page
	1	Citation	1
	2	Interpretation	1
	3	Prescribed interest rates	1
	4	Amount garnishee may retain	2
	5	Value of tools of trade etc	2
	6	Keeping of records	2
	7	Service and execution of process	2
	8	Notice of service of process	2
	9	Receipt for money	3
	10	Return on writ	3
	11	Notices	3
	12	Bailiff not to act as agent	4
Table 1
Table 2

As in force on
 31 July 1999

Australian Capital Territory

Magistrates Court (Civil Jurisdiction) Regulations
in force under the
Magistrates Court (Civil Jurisdiction) Act 1982
1 	Citation
	These regulations may be cited as the Magistrates Court (Civil Jurisdiction) Regulations.
2 	Interpretation
	In these regulations:
the Act means the Magistrates Court (Civil Jurisdiction) Act 1982.
3 	Prescribed interest rates
	For the purposes of subsection 231 (2) of the Act—
	(a)	where proceedings are commenced before 15 July 1992—
	(i)	the rate % per annum in respect of a period specified in column 2 of an item in table 1 in the Schedule is the rate specified in column 3 of that item; or
	(ii)	the rate % per annum in respect of a period specified only in column 2 of an item in table 2 in the Schedule is the rate specified in column 3 of that item; or
	(b)	where proceedings are commenced on or after 15 July 1992, the rate % per annum in respect of a period specified in column 2 of an item in table 2 in the Schedule is the rate specified in column 3 of that item.
4 	Amount garnishee may retain
	For the purposes of subsection 339 (1) of the Act the prescribed amount is $19.
5 	Value of tools of trade etc
	For the purposes of paragraph 347 (1) (b) of the Act the prescribed amount is $1,000.
6 	Keeping of records
(1) 	A bailiff shall keep, in a form approved by the registrar or as directed by the registrar, records in respect of process required to be served or executed by the bailiff.
(2) 	Without limiting the generality of subregulation (1), the bailiff shall keep a record of—
	(a)	the particulars of every writ that the bailiff has been required to execute; and
	(b)	what the bailiff has done under each of those writs; and
	(c)	where property has not been seized under a writ within 1 month after delivery of the writ to the bailiff—the reasons why it has not been seized.
7 	Service and execution of process
(1) 	A bailiff shall serve or execute process as soon as practicable.
(2) 	Where a bailiff required to serve or execute any process ascertains that the person to be served is not, or the goods of the judgment debtor are not, at the address shown in the process but at another address within the Territory, the bailiff shall serve or execute the process at that other address.
8 	Notice of service of process
(1) 	The bailiff shall, within 2 days after service of any process, forward an affidavit of service to the person (other than the registrar) who required the service.
(2) 	Where process delivered to the bailiff for service cannot be expeditiously served, the bailiff shall—
	(a)	as soon as practicable after the bailiff becomes aware that there is no likelihood of the bailiff effecting service; or
	(b)	as soon as practicable after the last day on which the process may be served; or
	(c)	on the expiration of 1 month after the last attempt made to serve the process;
whichever occurs first, forward the process to the person (other than the registrar) who required the service, together with a notice specifying why the process had not been served.
9 	Receipt for money
	A bailiff raising or receiving any money under a writ of execution shall, where practicable, give a receipt for that money to the judgment debtor or person from whom he or she received it.
10 	Return on writ
	The bailiff who is required by the registrar to execute a writ shall—
	(a)	on completion of the execution;
	(b)	on the expiry of the writ; or
	(c)	when required in writing by the judgment creditor to do so;
complete a return in accordance with form 92 in relation to the writ and forward the writ (if it is still in the bailiff’s possession) and the return to the registrar.
11	Notices
(1) 	Where the bailiff executing a writ of execution—
	(a)	delivers property seized under the writ to the judgment debtor’s trustee in bankruptcy in accordance with section 119A of the Bankruptcy Act 1966 of the Commonwealth; or
	(b)	is unable to seize any property of the judgment debtor;
the bailiff shall, as soon as practicable, give to the judgment creditor or the judgment creditor’s legal practitioner notice of the bankruptcy or the reasons for being unable to seize any property.
(2) 	A bailiff shall, at all reasonable times, give to the judgment creditor or the judgment creditor’s legal practitioner any information reasonably required as to the execution or non-execution of a writ. 
12 	Bailiff not to act as agent
	A bailiff or an officer under the control of a bailiff shall not act as agent for a party in proceedings before the court.

	schedule	(See reg 3)
Table 1
Column 1	Column 2	Column 3	
Item	Period	Rate of
interest
%
per annum	

  1	Any period before 1 July 1981		13.375
  2	1 July 1981 to and including 30 June 1982		15.00
  3	1 July 1982 to and including 31 December 1982		17.50
  4	1 January 1983 to and including 31 December 1983		15.50
  5	1 January 1984 to and including 30 June 1984		12.375
  6	1 July 1984 to and including 31 December 1984		14.75
  7	1 January 1985 to and including 30 June 1985		13.75
  8	1 July 1985 to and including 31 December 1985		17.25
  9	1 January 1986 to and including 30 June 1986		20.625
10	1 July 1986 to and including 31 December 1986		18.125
11	1 January 1987 to and including 30 June 1987		19.25
12	1 July 1987 to and including 29 February 1988		18.75
13	1 March 1988 to and including 28 February 1989		16.125
14	1 March 1989 to and including 31 August 1989		17.875
15	1 September 1989 to and including 14 January 1991		20.75

Table 2
Column 1	Column 2	Column 3	
Item	Period	Rate of
interest
%
per annum	

  1	Any period before 1 July 1981		13.50
  2	1 July 1981 to and including 31 December 1982		16.25
  3	1 January 1983 to and including 30 June 1985		14.00
  4	1 July 1985 to and including 29 February 1988		19.00
  5	1 March 1988 to and including 31 August 1989		17.00
  6	1 September 1989 to and including 14 January 1991		20.75
  7	15 January 1991 to and including 14 July 1991		17.50
  8	15 July 1991 to and including 14 January 1992		15.75
  9	15 January 1992 to and including 14 July 1992		13.75
10	15 July 1992 to and including 14 January 1993		11.50
11	15 January 1993 to and including 31 January 1994		10.00
12	1 February 1994 to and including 31 July 1995		9.00
13	1 August 1995 to and including 31 March 1997		10.75
14	1 April 1997 to and including 30 April 1998		9.55
15	Any period after 30 April 1998		8.45

ENDNOTES
1	About this republication
This is a republication of the Magistrates Court (Civil Jurisdiction) Regulations as in force under the Magistrates Court (Civil Jurisdiction) Act 1982 on 31 July 1999.  It includes all amendments made to the regulations up to Subordinate Law 1998 No 10.
Amending laws are annotated in the table of legislation and table of amendments.
The Parliamentary Counsel’s Office currently prepares 2 kinds of republications of ACT laws:  authorised printed republications to which the Legislation (Republication) Act 1996 applies and unauthorised electronic republications.  The status of this republication appears on the cover.
Section 13 of the Legislation (Republication) Act 1996 authorises the Parliamentary Counsel, in preparing a law for republication, to make textual amendments of a formal nature which the Parliamentary Counsel considers desirable in accordance with current legislative drafting practice.  The amendments do not effect a substantive change in the law.
In preparing this republication, amendments have not been made under section 13.
Not all amendments made under section 13 are annotated in the table of amendments.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
2	About the republished subordinate law
The Australian Capital Territory (Self-Government) Act 1988 of the Commonwealth provided for the conversion of certain Commonwealth laws to Territory enactments after self-government.  The Magistrates Court (Civil Jurisdiction) Regulations  became a Territory enactment on 1 July 1991.

3	Abbreviation key
Key to abbreviations in tables

am = amended
amdt = amendment
ch = chapter
cl = clause
def = definition
div = division
exp = expires/expired
Gaz = Gazette
hdg = heading
ins = inserted/added
LR = Legislation (Republication) Act 1996
mod = modified
No = number
notfd = notified
o = order
om = omitted/repealed
orig = original
p = page
par = paragraph
pres = present
prev = previous
(prev...) = previously
prov = provision
pt = part
r = rule/subrule
reg = regulation/subregulation
renum = renumbered
reloc = relocated
R[X] = Republication No
s = section/subsection
sch = schedule
sdiv = subdivision
sub = substituted
SL  = Subordinate Law
sp = spent
*  = SL unless otherwise stated
† = Act or Ordinance unless otherwise stated

4	Table of legislation
Subordinate law*	Year and number*	Gazette
notification	Commencement	Transitional provisions	

Magistrates Court (Civil Jurisdiction) Regulations	1987 No 16	4 Nov 1987	9 Nov 1987		
	1988 No 2	25 Feb 1988	25 Feb 1988	—	
	1989 No 3	22 Feb 1989	22 Feb 1989	—	
	1989 No 19	23 Aug  1989	23 Aug 1989	—	
	1991 No 1	11 Jan 1991	11 Jan 1991	—	
	1991 No 17	12 July 1991	12 July 1991	—	
	1991 No 35	8 Jan 1992	8 Jan 1992	—	
	1992 No 11	14 July 1992	15 July 1992	—	
	1993 No 2	15 Jan 1993	15 Jan 1993	—	
	1994 No 1	1 Feb 1994	1 Feb 1994	—	
Magistrates Court (Enforcement of Judgments) Act 1994	Act 1994 No 61	11 Oct 1994	ss 1 and 2: 11 Oct 1994
remainder: 10 Apr 1995 (see Gaz 1995 No S75)	pt VIII
(ss 88-97)	
—	1995 No 28	31 July 1995	1 Aug 1995	—	
Legal Practitioners (Consequential Amendments) Act 1997	Act 1997 No 96	1 Dec 1997	ss 1 and 2: 1 Dec 1997
remainder: 1 June 1998 (see s 2(2))		
	1997 No 6	27 Mar 1997	27 Mar 1997	—	
	1998 No 10	21 Apr 1998	21 Apr 1998	—	

5	Table of amendments

Provision	How affected*

reg  3	am 1988 No 2; 1989 Nos 3 and 19; 1991 Nos 1, 17 and 35
	sub 1992 No 11
	am 1995 No 28
regs  4, 5	ins Act 1994 No 61
	am 1995 No 28 
regs  6-10	ins Act 1994 No 61
reg 11	ins Act 1994 No 61
	am Act 1997 No  96
reg 12	ins Act 1994 No 61
sch	ins 1992 No 11
	am 1993 No 2; 1994 No 1; 1995 No 28; 1997 No 6; 1998 No 10

6	Table of earlier republications
Republication No	Amendments to	Republication date	
(1)	SL 1994 No 1	1 February 1994	
(2)	Act 1994 No 61	10 April 1995	
(3)	SL 1995 No 28	30 November 1996	
4	SL 1998 No 10	31 July 1999	

©  Australian Capital Territory 1999

The Copyright Act 1968 of the Commonwealth permits certain reproduction and publication of this legislation.  For reproduction or publication beyond that permitted by the Act, written permission must be sought from the Government Printer, c/o Information Management and Libraries, Department of Urban Services, ACT Government, GPO Box 158, Canberra City ACT 2601.