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Legislative Assembly for the ACT: 1997 Week 13 Hansard (4 December) . . Page.. 4541..


MAGISTRATES COURT (CIVIL JURISDICTION)
(AMENDMENT) BILL (NO. 2) 1997

MR HUMPHRIES (Attorney-General) (10.56): Mr Speaker, I present the Magistrates Court (Civil Jurisdiction) (Amendment) Bill (No. 2) 1997, together with its explanatory memorandum.

Title read by Clerk.

MR HUMPHRIES: Mr Speaker, I move:

That this Bill be agreed to in principle.

The Bill will replace section 349 of the Magistrates Court (Civil Jurisdiction) Act 1982 with a new section 349. Section 349 provides the Magistrates Court with a power to order a bailiff to make a forced entry of a judgment debtor's premises to seize property to satisfy a judgment debt in circumstances where the judgment debtor has refused entry or cannot be contacted. The new section 349 will retain this capacity but will extend the Magistrates Court's powers, in that an order will be able to be made for any purposes connected with executing a writ of execution and when either the judgment debtor or another occupier of the premises denies entry or is unable to be contacted. The Bill will also provide specifically for police assistance for a bailiff in forcing an entry and will provide an immunity for a bailiff for acts done or omitted to be done in good faith in carrying out an order of the court.

The amendments to section 349 are part of a package of amendments to the enforcement powers of the courts. The Supreme Court (Amendment) Bill 1997 will amend the Supreme Court Act 1933 to provide the Supreme Court with a power to order a forced entry by the sheriff. This Bill will provide consistency in relation to forcing entry as far as is appropriate between the Magistrates Court (Civil Jurisdiction) Act and the Supreme Court Act. I commend the Bill to the house.

Debate (on motion by Mr Wood) adjourned.

ROADS AND PUBLIC PLACES (AMENDMENT) BILL (NO. 2) 1997

MR KAINE (Minister for Urban Services) (10.58): Mr Speaker, I present the Roads and Public Places (Amendment) Bill (No. 2) 1997, together with its explanatory memorandum.

Title read by Clerk.

MR KAINE: Mr Speaker, I move:

That this Bill be agreed to in principle.


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