Attorney General Regulations Amendment (Fees) Regulations 2024 (WA)

Western Australia

Children’s Court of Western Australia Act 1988 Magistrates Court Act 2004

Attorney General Regulations Amendment (Fees) Regulations 2024

Western Australia

Attorney General Regulations Amendment (Fees) Regulations 2024 Contents Children’s Court of Western Australia Act 1988 Magistrates Court Act 2004

Children’s Court of Western Australia Act 1988 Magistrates Court Act 2004

Attorney General Regulations Amendment (Fees) Regulations 2024

Made by the Governor in Executive Council.

Part 1 – Preliminary1.Citation

These regulations are the Attorney General Regulations Amendment (Fees) Regulations 2024.

2.Commencement

These regulations come into operation as follows —

• (a)

  Part 1 — on the day on which these regulations are published on the WA legislation website;

• (b)

  the rest of the regulations — on the day after that day.

Part 2 – Children’s Court (Fees) Regulations 2005 amended3.Regulations amended

This Part amends the Children’s Court (Fees) Regulations 2005.

4.Regulation 6 amended

Delete regulation 6(4).

Note: The heading to amended regulation 6 is to read:

Certain fees subject to conditions

5.Regulation 6AA inserted

After regulation 6 insert:

6AA. Certain application and transcript fees must be waived

• (1)

  In this regulation —

applicant, in relation to an application for an FVRO or a VRO —

• (a)

  means the person who made the application; and

• (b)

  if the application was made on behalf of another person — includes that person;

FVRO means a family violence restraining order made under the Restraining Orders Act 1997;

interim order means an FVRO or a VRO made under the Restraining Orders Act 1997 section 29(1)(a), the duration of which is more than 72 hours;

respondent, in relation to an application for an FVRO or a VRO, has the meaning given in the Restraining Orders Act 1997 section 3(1);

VRO means a violence restraining order under the Restraining Orders Act 1997.

• (2)

  Subregulation (3) applies in relation to an application for an FVRO or a VRO if —

  • (a)

    no decision has been made on the application; or

  • (b)

    the application was dismissed; or

  • (c)

    an interim order was made and the order is still in force.

• (3)

  A registrar must waive the fee under Schedule 1 Division 1 item 6(a) for a copy of the application when requested by the applicant or the respondent if the applicant or respondent (as is relevant) has not previously obtained a copy of the application.

• (4)

  Subregulation (5) applies in relation to the hearing of an application for an FVRO or a VRO at which —

  • (a)

    the application was dismissed; or

  • (b)

    an interim order was made and the order —

    • (i)

      is still in force; or

    • (ii)

      has become a final order under the Restraining Orders Act 1997 section 32(2).

• (5)

  A registrar must waive the fee under Schedule 1 Division 1 item 7(a) for a copy of the transcript of the hearing, or a part of the transcript, when requested by the applicant or the respondent if the applicant or respondent (as is relevant) has not previously obtained a copy of the transcript or part.

   

Part 3 – Magistrates Court (Fees) Regulations 2005 amended6.Regulations amended

This Part amends the Magistrates Court (Fees) Regulations 2005.

7.Regulation 6 amended

Delete regulation 6(4).

Note: The heading to amended regulation 6 is to read:

Certain fees subject to conditions

8.Regulation 6A replaced

Delete regulation 6A and insert:

6A. Certain application and transcript fees must be waived

• (1)

  In this regulation —

applicant, in relation to an application for an FVRO or a VRO —

• (a)

  means the person who made the application; and

• (b)

  if the application was made on behalf of another person — includes that person;

FVRO means a family violence restraining order made under the Restraining Orders Act 1997;

interim order means an FVRO or a VRO made under the Restraining Orders Act 1997 section 29(1)(a), the duration of which is more than 72 hours;

respondent, in relation to an application for an FVRO or a VRO, has the meaning given in the Restraining Orders Act 1997 section 3(1);

VRO means a violence restraining order made under the Restraining Orders Act 1997.

• (2)

  Subregulation (3) applies in relation to an application for an FVRO or a VRO if —

  • (a)

    no decision has been made on the application; or

  • (b)

    the application was dismissed; or

  • (c)

    an interim order was made and the order is still in force.

• (3)

  A registrar must waive the fee under Schedule 1 Division 1 item 7(a) for a copy of the application when requested by the applicant or the respondent if the applicant or respondent (as is relevant) has not previously obtained a copy of the application.

• (4)

  Subregulation (5) applies in relation to the hearing of an application for an FVRO or a VRO at which —

  • (a)

    the application was dismissed; or

  • (b)

    an interim order was made and the order —

    • (i)

      is still in force; or

    • (ii)

      has become a final order under the Restraining Orders Act 1997 section 32(2).

• (5)

  A registrar must waive the fee under Schedule 1 Division 1 item 8(a) for a copy of the transcript of the hearing, or a part of the transcript, when requested by the applicant or the respondent if the applicant or respondent (as is relevant) has not previously obtained a copy of the transcript or part.

     

K. COLLERAN, Clerk of the Executive Council