Amendments of the Court of Petty Sessions Rules (ACT)

Regulations 1980 No. 5

Rules under the Court of Petty Sessions Ordinance 1930'

I, PETER DREW DURACK, the Attorney-General of the Commonwealth of Australia, hereby make the following Rules under the Court of Petty Sessions Ordinance 1930.

Dated this twenty-first day of March 1980.

P. DURACK

Attorney-General

AMENDMENTS OF THE COURT OF PETTY SESSIONS RULES 2

1. Rules 68 and 69 of the Court of Petty Sessions Rules are repealed and

the following rules substituted:

Court fees

"68. (1) The fees specified in the Second Schedule are the prescribed fees

for the purposes of sub-section 245 (1) of the Ordinance.
"(2) For the purpose of sub-section 255C (3) of the Ordinance, the prescribed fee is the aggregate of the sum of 50 cents and a sum calculated at the rate of 15 cents for each page included in the record or transcript.

"(3) Subject to sub-rule (3), there are payable, in respect of an application

or appeal under—

(a) an Ordinance other than the Court of Petty Sessions Ordinance 1930;

(b) a proceeding in respect of an offence.

or

(b) an Act of the State of New South Wales in its application to the Territory,

the fees that would be payable if—

(c)	the document filed for the purpose of commencing the application or appeal were a complaint; and
(d)	the filing of that document were the entry of a complaint.

"(4) Sub-rule (3) does not apply to or in relation to—

(a) a proceeding under—

(i) the Child Welfare Ordinance 1957;
(ii) the Maintenance Ordinance 1968; or
(iii) the Workmen's Compensation Ordinance 1951; or

Applications, &c, to be made by motion

"69. (1) Unless the contrary intention appears, an application to the

Court for an order or judgment shall be made upon motion.

"(2) Subject to sub-section 32 (2) of the Ordinance and to any other law of

the Territory, an application or appeal under a law of the Territory other than the Court of Petty Sessions Ordinance 1930 or the Workmen's Compensation Ordinance 1951 shall be made upon motion.".

Second Schedule

2. The Second Schedule to the Court of Petty Sessions Rules is repealed and the following Schedule substituted:

SECOND SCHEDULE Rule 68

F E E S

$

1.	On the entry of a complaint commencing an action	10.00
2.	( I ) On each request, not being an application under section 255C (1) of the Ord inance ,
for a copy or copies of a documen t or documen t s (regardless of the n u m b e r of docu­
ments to which the request relates)	0.50
(2) For each page included in a copy furnished in accordance with a request referred
to in sub-paragraph (1)	0.15
3.	For serving or a t t emp t ing to serve a summons , notice or process issued under the Or­
dinance and relat ing to , or arising out of, proceedings c o m m e n c e d by a compla in t , re­
gardless of the number of a t t emp t s at service	12.00
4.	For execut ing or a t t emp t ing to execute a war ran t issued under the Ord inance , being a
war ran t issued in connect ion with, or arising out of, proceedings commenced by a compla in t—an a m o u n t equal to the a m o u n t of any expenses reasonably incurred in

execut ing or a t t emp t ing to execute the war ran t .

Application

3. These Rules apply to and in relation to—

(a)	a proceeding commenced in the Court on or after 1 April 1980; and
(b)	the service or execution of the process of the Court issued or granted

on or after that date.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 31 March 1980.

1. For references to the original Rules and amendments made before 1960, see footnote on

p. 228 of Vol. Ill of "Laws of the Australian Capital Territory 1911-1959". For later
amendments see Regulations 1960 No. 7; 1965 No. 9; 1967 No. 2; 1968 No. 9; 1969 No.

4; 1970 No. 7; 1974 No. 12; 1977 No. 7; 1979 No. 26.