Commonwealth Consolidated Acts

SERVICE AND EXECUTION OF PROCESS ACT 1992 - SECT 132

  (1)   The Governor - General may make regulations prescribing all matters:

  (a)   required or permitted by this Act to be prescribed; or

  (b)   necessary or convenient to be prescribed for carrying out or giving effect to this Act.

  (2)   The power of a body or person to make rules regulating the practice and procedure of a court extends to making any rules, not inconsistent with the regulations, prescribing all matters:

  (a)   required or permitted by this Act to be prescribed; or

  (b)   necessary or convenient to be prescribed for carrying out or giving effect to this Act.

  (3)   In particular, the regulations and rules may make provision with respect to:

  (a)   the practice or procedure in connection with the service and execution of process and judgments; and

  (b)   the fees to be paid in connection with the service and execution of process and judgments; and

  (c)   the costs or expenses of any proceedings under this Act; and

  (d)   the recovery of any such fees, costs or expenses; and

  (e)   the recovery of costs or expenses recoverable under this Act.

  (4)   The regulations may make different provisions with respect to:

  (a)   different States; and

  (b)   different process and judgments; and

  (c)   different courts and tribunals.

  (5)   So far as the regulations and rules do not make provision with respect to a matter of practice or procedure, the practice or procedure is:

  (a)   in connection with the service of process--the practice or procedure that would be applicable in the place of issue; and

  (b)   in connection with the execution of process or judgments--the practice or procedure applicable in the State in which execution is effected.

  (6)   So far as the regulations and rules do not make provision with respect to fees, costs or expenses, the fees, costs or expenses are:

  (a)   in connection with the service of process--the fees, costs or expenses that would be applicable to service in the place of issue; and

  (b)   in connection with the execution of process or judgments--the fees, costs or expenses applicable in the State in which execution is effected; and

  (c)   in connection with obtaining a sealed copy of a judgment--the fees, costs or expenses applicable in the State in which the judgment is obtained; and

  (d)   in connection with any other proceeding under this Act--the fees, costs or expenses applicable in the State in which the proceeding is brought.