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Service and Execution of Process Act 1922

Authoritative Version
  • - C1922A00027
  • No longer in force
Act No. 27 of 1922 as made
An Act to amend the Service and Execution of Process Act 1901-1918.
Date of Assent 18 Oct 1922
Date of repeal 24 Jun 2014
Repealed by Amending Acts 1901 to 1969 Repeal Act 2014




No. 27 of 1922.

An Act to amend the Service and Execution of Process Act 1901–1918.

[Assented to 18th October, 1922.]

BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation.

1.—(1.)   This Act may be cited as the Service and Execution of Process Act 1922.

(2.)  The Service and Execution of Process Act 1901–1918 is in this Act referred to as the Principal Act.

(3.)  The Principal Act as amended by this Act may be cited as the Service and Execution of Process Act 1901–1922.

2.  After section eighteen of the Principal Act the following section is inserted:—

Forfeiture of recognisances.

“18a.—(1.)  When any person has been admitted to bail in pursuance of paragraph (b)of sub-section (3.) of the last preceding section and the Justice of the Peace admitting the person to bail is satisfied that the person has failed to comply with the conditions of the recognisance upon which he was so admitted to bail the Justice may declare the recognisance to be forfeited and payment of any sum due under the recognisance by any person residing in the State or part of the Commonwealth in which the Justice has jurisdiction may be enforced as a fine imposed by a District or County Court or other inferior Court of Record having jurisdiction in such State or part.

“(2.)  Any amount recovered in pursuance of this section shall be transmitted to the prothonotary, registrar or other proper officer of the Court out of which the warrant was issued for the apprehension or commitment of the person in respect of whom the recognisance was entered into.”.

Application of Act to mandated territories.

3.  Section twenty-eight of the Principal Act is amended by inserting therein after sub-section (1.) thereof the following sub-section :—

“ (1A.) For the purposes of this section ‘Territories of the Commonwealth’ include any Territory governed by the Commonwealth under a Mandate.”.