Acts Amendment (Court Fees) Act 1984 (WA)

WESTERN AUSTRALIA.

ACTS AMENDMENT

(COURT FEES).

No. 69 of 1984.

AN ACT to amend the Justices Act 1902 and the

Local Courts Act 1904.

[Assented to 26 November 1984.]

BE it enacted by the Queen's Most ExcellentMajesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

1.    This Act may be cited as the Acts Amendment Short title.

(Court Fees) Act 1984.

Commence-

2.

This Act shall come into operation on such

day or days as is or are respectively fixed by

proclamation.

ment.

No. 69.] Acts Amendment (Court Fees). [1984.

PART I-JUSTICES ACT 1902.

Principal

Act.	3.	In this Part the Justices Act 1902 is referred
Reprinted as

approved

to as the principal Act.

30 November

1977 and

amended by

Acts Nos. 6

and 67 of

1979, 67 of

1980, 120 of

1981 and 20,

124 and 125

of 1982.

Section 96

amended. 4. Section 96 of the principal Act is amended by

inserting after subsection (3) the following sub-

sections

lf

(4) Regulations made under subsection (1) may provide for the waiver, reduction, refund or deferral of payment of the pre- scribed fees.

(5) Where provision for the reduction, waiver, refund or deferral of payment of a prescribed fee is made in the regulations, such reduction, waiver, refund or deferral of payment may be expressed to apply or be applicable either generally or specifically

(a)	when an event happens or ceases to happen;
(b)	in respect of certain persons or classes of person; or
(c)	in respect of a combination of such events and persons,

and may be expressed to apply or to be applicable subject to such conditions as may be specified in the regulations or in the discretion of any person specified in the regulations. ".

1984.] Acts Amendment (Court Fees). [No. 69. in subsection (2) by deleting "payment by the applicant of the fee prescribed as that payable on a complaint" and substituting the following- 5. Section 136A of the principal Act is amended 2=a36A

" service of the notice referred to in subsection (1) and payment by the applicant of such fee, if any, as is required by or under this Act to be paid ".

6.    Section 200 of the principal Act is amended f=dner

in subsection (2) by deleting "the prescribed fees"

and substituting the following-

" such fee, if any, as is required by or under

this Act to be paid ".

7.    Section 220 of the principal Act is amended— =clier°

(a) by inserting before "The" the subsection designation "(1)"; and

(b) by inserting the following subsections

'C (2) Rules made under subsection (1)

may provide for the waiver, reduction, refund or deferral of payment of the prescribed fees.

(3) Where provision for the reduc- tion, waiver, refund or deferral of payment of a prescribed fee is made in the rules, such reduction, waiver, refund or deferral of payment may be expressed to apply or be applicable either generally or specifically

(a)	when an event happens or ceases to happen;
(b)	in respect of certain persons or classes of person; or

No. 69.] Acts Amendment (Court Fees). [1984.

(c) in respect of a combination of such events and persons,

and may be expressed to apply or to be applicable subject to such conditions as may be specified in the rules or in the discretion of any person specified in the rules. ".

PART II-LOCAL COURTS ACT 1904.

Section 159

amended.	8. Section 159 of the Local Courts Act 1904 is
Reprinted as

approved	amended
11 Apr11 1984.

(a) by deleting "There shall be payable" and substituting the following

(1) Subject to rules of court made under subsection (3), there shall be payable ";

(b) by inserting before "The fees" the sub- section designation "(2)"; and

(c) by inserting the following subsections-

ff

(3) Rules of court may provide for the waiver, reduction, refund or deferral of payment of the prescribed fees.

(4) Where provision for the reduc- tion, waiver, refund or deferral of a prescribed fee is made in the rules of court, such reduction, waiver, refund or deferral of payment may be expressed to apply or be applicable either generally or specifically

(a)	when an event happens or ceases to happen;
(b)	in respect of certain persons or classes of person; or

1984.] Acts Amendment (Court Fees). [No. 69.

(c) in respect of a combination of

such events and persons,

and may be expressed to apply or to be applicable subject to such conditions as may be specified in the rules or in the discretion of any person specified in the rules. ".