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Service and Execution of Process (Transitional Provisions and Consequential Amendments) Act 1992

No. 166 of 1992

An Act to repeal the Service and Execution of Process Act 1901, and to make transitional provisions and certain amendments consequential upon the enactment of the Service and Execution of Process Act 1992

[Assented to 11 December 1992]

  The Parliament of Australia enacts:

Short title

1. This Act may be cited as the Service and Execution of Process (Transitional Provisions and Consequential Amendments) Act 1992.

Commencement

2. This Act commences on the day fixed by Proclamation under subsection 2(4) of the Service and Execution of Process Act 1992.

Repeal

  3. The Service and Execution of Process Act 1901 is repealed.

Transitional provisions

4.(1) If a process was served under Part II of the Service and Execution of Process Act 1901 before this Act commenced, that Part and any rules or regulations relating to the operation of that Part continue to apply with respect to the process, and any action taken in connection with the process, as if the Service and Execution of Process Act 1901 had not been repealed.

  (2) If, before this Act commenced:

     (a)     a warrant was endorsed under section 18 of the Service and Execution of Process Act 1901; or

     (b)     a provisional warrant was issued under section 19A of that Act; or

   (c)     leave was given under section 19C of that Act;

Part III of that Act and any rules or regulations relating to the operation of that Part continue to apply with respect to the warrant, provisional warrant or leave, and any action taken in connection with the warrant, provisional warrant or leave, as if that Act had not been repealed.

  (3) If, before this Act commenced:

     (a)     leave was given under section 19M of the Service and Execution of Process Act 1901 in relation to a subpoena; or

   (b)     an order was made under section 19T of that Act; or

     (c)     a warrant to which Division 4 of Part 3A of that Act applies was issued;

Part IIIA of that Act and any rules or regulations relating to the operation of that Part continue to apply with respect to the subpoena, order or warrant, and any action taken in connection with the subpoena, order or warrant, as if that Act had not been repealed.

(4)     If a certificate of judgment was registered under section 21 of the Service and Execution of Process Act 1901 before this Act commenced, Part IV of that Act and any rules or regulations relating to the operation of that Part continue to apply with respect to the judgment, and any action taken in connection with the judgment, as if that Act had not