Sheriff's Act 1978 (SA)

South Australia Sheriff's Act 1978 An Act to provide for the appointment of the sheriff and other officers and for their duties and powers, including duties and powers relating to security and order at courts and other places; and for other purposes.

Contents Part 1—Preliminary 1 Short title 4 Interpretation Part 2—Sheriff's office 5 The Sheriff 6 Deputy sheriffs and sheriff's officers 7 Provision for case where sheriff should not execute process 8 Duties of the sheriff 9 Sheriff to attend at criminal sittings Part 3—Security and order at courts and other places Division 1—Administration 9A Sheriff's responsibilities 9B Security officers 9C Identification of security officers 9D Arrangements under which police officers may exercise powers of security officers 9DA Sheriff etc may be assisted by police officers Division 2—General powers 9E General powers Division 3—Powers of search 9F Conduct of search for restricted items Division 4—Miscellaneous 9G Dealing with restricted and other items 9H Security officer may act on reasonable belief that person required by law to attend premises 9I Refusal of entry to or removal from premises is no excuse for non‑attendance 9J Prohibition on use of spit hoods Part 4—Miscellaneous 10 Procedure on arrest 11 Offences 12 Immunity 14 Sheriff not disqualified from being justice of the peace 15 No licence required for the purpose of sheriff's sales 15A Non-derogation 16 Regulations Legislative history

The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Sheriff's Act 1978. 4—Interpretation (1) In this Act, unless the contrary intention appears— Administrator means the person for the time being holding or acting in the office of the State Courts Administrator under the Courts Administration Act 1993; court means— (a) the Supreme Court; or (b) the District Court; or (ba) the Environment, Resources and Development Court; or (c) the Magistrates Court; or (d) the Youth Court of South Australia; judge includes a magistrate or a justice; participating body means— (a) a participating court within the meaning of the Courts Administration Act 1993; (b) a person or body declared by regulation to be a participating body; premises of a participating body means— (a) any premises or place occupied in connection with the operation of a participating body (whether on a permanent or temporary basis), including— (i) the precincts and immediate environs of the premises or place and adjacent carparks and footpaths; and (ii) laneways between or abutting the premises or place; and (iii) any premises or place at which the body is conducting a view or inspection for the purposes of proceedings; (b) court buildings and the exit and entry points and steps to those buildings; principal officer— (a) in relation to a participating body that is a participating court within the meaning of the Courts Administration Act 1993—means the judicial head of the participating court; (b) in relation to any other participating body—means the officer designated by regulation as the principal officer of the body for the purposes of this Act; proceedings includes any form of inquiry, examination or proceeding conducted by or before a participating body; restricted item means— (a) an explosive, an explosive device or an incendiary device; (b) a dangerous article, offensive weapon or prohibited weapon, in each case within the meaning of section 21A of the Summary Offences Act 1953; (ba) a firearm within the meaning of the Firearms Act 2015; (c) an item that a person is prohibited from using or possessing while on the premises (or a particular part of the premises) of a participating body by rules of the body or by direction of the body or a member of the body given generally or in a specific case; (d) any other item that is reasonably capable of being used to jeopardise the security of persons or property or the orderly conduct of proceedings; security officer means— (a) the sheriff; (b) a deputy sheriff; (c) a sheriff's officer appointed by the sheriff to be a security officer; (d) a police officer authorised in accordance with an arrangement under section 9D to exercise the powers of a security officer. (2) For the purposes of this Act, a person is required by law to attend the premises of a participating body if, and only if— (a) the person is brought to the premises in lawful custody; or (b) the person attends the premises as required by the terms or conditions of a bail agreement; or (c) the person attends the premises in obedience to an order, summons, subpoena, or any other process having the same effect as a summons or subpoena, made or issued by the participating body or a member or officer of the participating body; or (d) the person attends the premises in obedience to a summons under the Juries Act 1927.