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Service and Execution of Process Act 1992

Submitted by Richard_Li on
Distinguished Terms in this instrument
Term(s) Definition Defined in Legislation See Section(s)
adjudicative function

, in relation to a tribunal, means the function of determining the rights or liabilities of a person in a proceeding in which there are 2 or more parties, including the function of making a determination:

(a) altering those rights or liabilities; or

Service and Execution of Process Act 1992 Service and Execution of Process Act 1992 - 3 Interpretation
Service and Execution of Process Act 1992 - 48 Application of Division
appearance

means:

(a) in Division 1 of Part 2—an appearance within the meaning of section 14; and

(b) in Division 2 of Part 4—an appearance within the meaning of section 49.

Service and Execution of Process Act 1992 Service and Execution of Process Act 1992 - 3 Interpretation
Service and Execution of Process Act 1992 - 14 Meaning of appearance
apprehended person

means a person apprehended under a warrant.

Service and Execution of Process Act 1992 Service and Execution of Process Act 1992 - 95 Interpretation
audio link

means facilities (for example, telephone facilities) that enable audio communication between persons in different places.

Service and Execution of Process Act 1992 Service and Execution of Process Act 1992 - 3 Interpretation
audiovisual link

means facilities that enable audio and visual communication between persons in different places.

Service and Execution of Process Act 1992 Service and Execution of Process Act 1992 - 3 Interpretation
Australia

includes the external Territories.

Service and Execution of Process Act 1992 Service and Execution of Process Act 1992 - 3 Interpretation
authority

means a judge, magistrate, coroner or officer of a court appointed or holding office under a law of a State.

Note: Section 81A alters the meaning of this term for the purposes of Part 5.

Service and Execution of Process Act 1992 Service and Execution of Process Act 1992 - 81A Interpretation
Service and Execution of Process Act 1992 - 3 Interpretation
authority of issue

, in relation to a process, means the authority by which the process was issued.

Service and Execution of Process Act 1992 Service and Execution of Process Act 1992 - 3 Interpretation
child

: Subdivision D of Division 1 of Part VII affects the situations in which a is a of a person or is a of a marriage or other relationship.

Family Law Act 1975 Family Law Act 1975 - 4 Interpretation
Family Law Act 1975 - 4 Interpretation
civil proceeding

means a proceeding other than a criminal proceeding.

Service and Execution of Process Act 1992 Service and Execution of Process Act 1992 - 3 Interpretation
clerk

, in relation to a court, means the or other proper officer of the court.

Service and Execution of Process Act 1992
company

means a registered under this Act and:

(c)  in Parts 5.7B and 5.8 (except sections 595 and 596), includes a Part 5.7 body; and

(d)  in Part 5B.1, includes an unincorporated registrable body.

Corporations Act 2001 Corporations Act 2001 - 595 Inducement to be appointed liquidator etc. of company
Corporations Act 2001 - 9 Returns to shareholders
Corporations Act 2001 - 595 Inducement to be appointed liquidator etc. of company
Corporations Act 2001 - 9 Returns to shareholders
court

means a of a State having jurisdiction in relation to the summary trial of all or any offences under the law of the State.

Service and Execution of Process Act 1992 Service and Execution of Process Act 1992 - 110 Definitions
Service and Execution of Process Act 1992 - 3 Interpretation
court of issue

, in relation to a process, means the court by which the process was issued.

Service and Execution of Process Act 1992 Service and Execution of Process Act 1992 - 3 Interpretation
court of rendition

means:

(a) in relation to a judgment of a court, the court in which the judgment was given, entered or made; or

(b) in relation to a judgment that is an order of a tribunal:

Service and Execution of Process Act 1992 Service and Execution of Process Act 1992 - 104 Interpretation
criminal proceeding

means:

(a) a prosecution for an offence; or

(b) a procedure, other than a prosecution, that, under a law of a State, may be used:

(i) to determine liability for an offence; or

Service and Execution of Process Act 1992 Service and Execution of Process Act 1992 - 3 Interpretation
cross‐border laws

means the following:

(a) the cross border laws of a participating jurisdiction, within the meaning of the

Cross‐Border Justice Act 2008

of Western Australia;

Service and Execution of Process Act 1992 Service and Execution of Process Act 1992 - 3 Interpretation
custodian

, in relation to a person in prison, means the officer in charge of the institution or place at which the person is detained.

Service and Execution of Process Act 1992 Service and Execution of Process Act 1992 - 3 Interpretation
discharged

, in relation to a fine or part of a fine, means because of a payment, remission or pardon, or otherwise.

Service and Execution of Process Act 1992 Service and Execution of Process Act 1992 - 110 Definitions
enforcement

, in relation to a judgment, includes execution of the judgment.

Service and Execution of Process Act 1992 Service and Execution of Process Act 1992 - 104 Interpretation

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