Australian Capital Territory Numbered Acts

MAGISTRATES COURT (ENFORCEMENT OF (NO 61 OF 1994)

TABLE OF PROVISIONS

           Long Title

   PART I--PRELIMINARY SHORT TITLE

   1.      This Act may be cited as the Magistrates Court (Enforcement of Judgments) Act 1994.  

   PART II--MAGISTRATES COURT (CIVIL JURISDICTION) ACT 1982

   3.      In this Part, “Principal Act” means the Magistrates Court (Civil Jurisdiction) Act 1982.  
   4.      Section 3 of the Principal Act is amended—  
   5.      Section 5 of the Principal Act is amended by omitting from subsection (2) “an action for the detention of goods” and substituting “an action relating to the detention of goods”.  
   6.      After section 8 of the Principal Act the following section is inserted:  
   7.      Section 16 of the Principal Act is amended—  
   8.      Section 43 of the Principal Act is amended by omitting from subsection (4) “section 229” and substituting “section 278F”.  
   9.      Section 92 of the Principal Act is amended by omitting from subsection (3) “warrant” and substituting “writ”.  
   10.     After section 151 of the Principal Act the following section is inserted in Division 4 of Part XIII:  
   11.     Sections 179 and 196 of the Principal Act are repealed.  
   12.     Section 202 of the Principal Act is amended by adding at the end the following subsections:  
   13.     Section 207 of the Principal Act is amended by omitting subsection (2) and substituting the following subsection:  
   14.     Section 216 of the Principal Act is repealed and the following section substituted:  
   15.     After section 217 of the Principal Act the following section is inserted:  
   16.     Section 219 of the Principal Act is amended by omitting from subsections (2) and (3) “warrant” and substituting “writ”.  
   17.     Section 228 of the Principal Act is amended—  
   18.     Section 229 of the Principal Act is repealed and the following sections are substituted:  
   19.     Section 230 of the Principal Act is amended—  
   20.     Section 233 of the Principal Act is amended—  
   21.     After Part XVIII of the Principal Act the following Part is inserted:  

   PART XVIIIA--ENFORCEMENT OF JUDGMENTS

   22.     Section 284 of the Principal Act is amended by omitting subsections (2) and (3) and substituting the following subsections:  
   23.     Section 291 of the Principal Act is amended by inserting in paragraph (2) (a) “writ,” after “warrant,”.  
   24.     After section 295 of the Principal Act the following section is inserted:  
   25.     After section 300 of the Principal Act the following section is inserted:  
   26.     Section 311 of the Principal Act is amended—  
   27.     The Schedule to the Principal Act is amended—  
   28.     The Principal Act is amended—  
   29.     (1) The amended Act is amended as provided by this section.  

   PART III--MAGISTRATES COURT ACT 1930 PRINCIPAL ACT

   30.     In this Part, “Principal Act” means the Magistrates Court Act 1930.  
   31.     Section 3 of the Principal Act is repealed.  
   32.     Section 11 of the Principal Act is amended by inserting “writ,” after “warrant,”.  
   33.     Section 13 of the Principal Act is amended by omitting “warrant of execution or commitment” and substituting “warrant of commitment or writ of execution”.  
   34.     Section 15 of the Principal Act is amended by omitting “warrant or summons” and substituting “summons, warrant or writ”.  
   35.     Section 65 of the Principal Act is repealed.  
   36.     Section 76 of the Principal Act is amended by omitting “65 or under section 196 of the Magistrates Court (Civil Jurisdiction) Act 1982” and substituting “255AB”.  
   37.     The heading to Division 2 of Part IX of the Principal Act is omitted and the following heading substituted:  
   38.     Section 147 of the Principal Act is amended—  
   39.     Section 150B of the Principal Act is amended by omitting from subsections (1) and (3) “warrant” and substituting “writ”.  
   40.     Sections 158 to 166 (inclusive) of the Principal Act are repealed.  
   41.     Section 166C of the Principal Act is amended—  
   42.     The following provisions of the Principal Act are repealed:  
   43.     Section 194 of the Principal Act is amended by inserting “writ” before “of execution”.  
   44.     Section 231 of the Principal Act is amended by inserting “or writ” after “warrant” (first occurring).  
   45.     Section 233 of the Principal Act is amended by omitting “warrant of execution or of commitment” and substituting “warrant of commitment or writ of execution”.  
   46.     Section 235 of the Principal Act is amended—  
   47.     Section 243 of the Principal Act is repealed and the following section substituted:  
   48.     Section 244 of the Principal Act is amended—  
   49.     Section 248 of the Principal Act is repealed.  
   50.     Section 254 of the Principal Act is amended by omitting paragraphs (5) (b) and (c) and substituting the following paragraphs:  
   51.     After section 255 of the Principal Act the following sections are inserted:  
   52.     The First Schedule to the Principal Act is amended by omitting Forms 45, 51 to 62 (inclusive) and 80 to 83 (inclusive).  
   53.     (1) Section 189 of the Principal Act is amended by omitting “Division 5 of this Part and to”.  

   PART IV--MAGISTRATES COURT (CIVIL JURISDICTION) REGULATIONS

   54.     In this Part, “Principal Regulations” means the Magistrates Court (Civil Jurisdiction) Regulations.  
   55.     The Principal Regulations are amended by inserting after regulation 3 the following regulations:  

   PART V--MAGISTRATES COURT RULES PRINCIPAL RULES

   56.     In this Part, “Principal Rules” means the Magistrates Court Rules.  
   57.     Rule 4 of the Principal Rules is amended by omitting “warrants” and substituting “writs”.  
   58.     The following provisions of the Principal Rules are repealed:  
   59.     The First Schedule to the Principal Rules is amended by omitting Forms 3, 4 and 19.  
   60.     The Principal Rules are amended—  

   PART VI--WORKERS' COMPENSATION RULES

   61.     In this Part, “Principal Rules” means the Workers' Compensation Rules.  
   62.     Rules 69 and 70 of the Principal Rules are repealed.  
   63.     Rule 71 of the Principal Rules is amended—  
   64.     The First Schedule to the Principal Rules is amended by omitting Form 59.  
   65.     The Principal Rules are amended—  

   PART VII--AMENDMENTS OF OTHER LAWS

   66.     In this Division, “Principal Act” means the Attachment of Wages Limitation Act 1966.  
   67.     The title of the Principal Act is repealed and the following title substituted:  
   68.     Section 1 of the Principal Act is amended by omitting “Attachment of Wages Limitation Act 1966” and substituting “Earnings (Assignment and Attachment) Act 1966”.  
   69.     Section 4 of the Principal Act is amended—  
   70.     Section 5 of the Principal Act is amended—  
   71.     The Principal Act is amended by adding at the end the following section:  
   72.     In this Division, “Principal Act” means the Crown Proceedings Act 1992.  
   73.     Section 5 of the Principal Act is amended by adding at the end the following subsection:  
   74.     Section 13 of the Principal Act is amended by omitting from subsection (1) “writ, warrant” and substituting “writ”.  
   75.     In this Division, “Principal Act” means the Landlord and Tenant Act 1949.  
   76.     Section 72 of the Principal Act is amended—  
   77.     Section 73 of the Principal Act is amended—  
   78.     In this Division, “Principal Regulations” means the Magistrates Court (Civil Jurisdiction) (Solicitors' Costs) Regulations.  
   79.     Schedule 2 to the Principal Regulations is amended—  
   80.     In this Division, “Principal Act” means the Sale of Goods Act 1954.  
   81.     Section 5 of the Principal Act is amended by omitting from the definition of “sheriff” in subsection (1) “or warrant”.  
   82.     Section 30 of the Principal Act is amended by omitting “or warrant” (wherever occurring).  
   83.     In this Division, “Principal Act” means the Small Claims Act 1974.  
   84.     Section 22 of the Principal Act is repealed and the following section substituted:  
   85.     Section 24C of the Principal Act is repealed.  
   86.     Section 25A of the Principal Act is amended by omitting from subsection (5) “Section 24C” and substituting “Section 278F of the Magistrates Court (Civil Jurisdiction) Act 1982”.  
   87.     The Principal Act is amended—  

   PART VIII--TRANSITIONAL PROVISIONS INTERPRETATION

   88.     (1) In this Part, unless the contrary intention appears—“amended Civil Jurisdiction Act” means the Magistrates Court (Civil Jurisdiction) Act 1982 as amended by this Act; “amended Magistrates Court Act” means the Magistrates Court Act 1930 as amended by this Act; “amended Rules” means the Workers' Compensation Rules as amended by this Act; “commencement day” means the day on which the provisions of this Act, other than sections 1 and 2, commence; “former Civil Jurisdiction Act” means the Magistrates Court (Civil Jurisdiction) Act 1982 as in force immediately before the commencement day; “former Magistrates Court Act” means the Magistrates Court Act 1930 as in force immediately before the commencement day; “former Rules” means the Workers' Compensation Rules as in force immediately before the commencement day; “judgment” includes an order of the court for the payment of money, whether as costs or otherwise; “Small Claims Act” means the Small Claims Act 1974 as in force immediately before the commencement day.  
   89.     Despite section 17 of this Act, subsection 228 (4) of the former Civil Jurisdiction Act continues, on and after the commencement day, to apply in relation to any judgment that took effect, and any costs that were ascertained, before that day.  
   90.     Subject to this Part, Part XVIIIA of the amended Civil Jurisdiction Act applies in relation to a judgment, whether it was entered or given before or after the commencement day.  
   91.     (1) An application for the issue of a summons for the oral examination of a person under subsection 170 (1) of the former Magistrates Court Act that was pending immediately before the commencement day, on and after that day is to be taken to be an application for an examination summons in accordance with section 278I of the amended Civil Jurisdiction Act.  
   92.     (1) An application for an instalment order under subsection 229 (1) of the former Civil Jurisdiction Act or subsection 24C (1) of the Small Claims Act that was pending immediately before the commencement day, on and after that day, is to be taken to be—  
   93.     (1) An application for a garnishee order in accordance with section 171 of the former Magistrates Court Act that was pending immediately before the commencement day, on and after that day, is to be taken to be an application for a garnishee order in accordance with section 278AC of the amended Civil Jurisdiction Act.  
   94.     (1) An application for the issue of a warrant of execution under section 158 of the former Magistrates Court Act that was pending immediately before the commencement day, on and after that day, is to be taken to be an application in accordance with section 278BC of the amended Civil Jurisdiction Act.  
   95.     (1) An application for leave to issue a warrant of execution under rule 69 that was pending under the former Rules immediately before the commencement day, on and after that day, is to be taken to be an application in accordance with 278BC of the amended Civil Jurisdiction Act.  
   96.     On and after the commencement day, a reference in a law of the Territory to a writ of execution shall be read as including a reference to a warrant of execution in force immediately before that day.  
   97.     Nothing in this Part is to be taken to affect the validity of any act or thing done, or purported to have been done, in relation to a judgment before the commencement day.