Criminal Procedure Amendment (Fees and Court Costs Levy) Regulation 2013 (NSW)

2013 No 301

New South Wales

Criminal Procedure Amendment (Fees

and Court Costs Levy) Regulation 2013

under the

Criminal Procedure Act 1986

His Excellency the Lieutenant-Governor, with the advice of the Executive Council, has made the following Regulation under the Criminal Procedure Act 1986.

GREG SMITH, MP

Attorney General

Explanatory note
The objects of this Regulation are:

(a)	to increase the fees payable in relation to criminal proceedings, and
(b)	to increase (from $83 to $85) the court costs levy so that it is in line with the filing fee for criminal matters in the Local Court.

This Regulation is made under the Criminal Procedure Act 1986, including sections 4 (the general regulation-making power), 4A, 114 and 211A.

Published LW 21 June 2013	Page 1
2013 No 301	Criminal Procedure Amendment (Fees and Court Costs Levy) Regulation
Clause 1	2013

Criminal Procedure Amendment (Fees and Court Costs

Levy) Regulation 2013

under the

Criminal Procedure Act 1986

1      Name of Regulation

This Regulation is the Criminal Procedure Amendment (Fees and Court
Costs Levy) Regulation 2013.

2      Commencement

This Regulation commences on 1 July 2013 and is required to be published on the NSW legislation website.

Criminal Procedure Amendment (Fees and Court Costs Levy) Regulation	2013 No 301
2013
Amendment of Criminal Procedure Regulation 2010	Schedule 1
Schedule 1	Amendment of Criminal Procedure Regulation 2010

[1]      Clause 9A Court costs levy

Omit “$83”. Insert instead “$85”.

[2]      Schedule 2

Omit the Schedule. Insert instead:

Schedule 2 Fees

(Clauses 10 and 11)

Part 1	Court fees
Item Matter for which fee payable	Fee

1	Filing a court attendance notice under Chapter 4 of the	$85.00
Criminal Procedure Act 1986 to commence proceedings to which Parts 2–4 of that Chapter apply
2	Filing an application under Chapter 4 of the Criminal	$850.00
Part 5 of that Chapter applies, being proceedings in the
Procedure Act 1986 to commence proceedings to which jurisdiction)
3	Filing an application to commence summary proceedings	$1,681.00
brought in the District Court, other than proceedings brought by the secretary of an industrial organisation of employees
4	Filing an application to the Local Court for annulment of	$85.00
conviction or sentence under Part 2 of the Crimes (Appeal and Review) Act 2001
5	Filing a notice of appeal, or an application for leave to appeal, to the District Court under Part 3 of the Crimes (Appeal and Review) Act 2001:

(a)	in relation to a single offence	$105.00
(b)	in relation to more than one offence arising from the	$162.00
same court appearance

6	Filing a notice of appeal, or an application for leave to	$850.00
appeal, to the Land and Environment Court under Part 4 of the Crimes (Appeal and Review) Act 2001 (Class 6 or 7 of that Court’s jurisdiction)

2013 No 301	Criminal Procedure Amendment (Fees and Court Costs Levy) Regulation 2013
Schedule 1	Amendment of Criminal Procedure Regulation 2010

Item Matter for which fee payable Fee

7	Issuing a certificate of conviction or dismissal	$55.00
8	Retrieving, providing access to and furnishing a copy of any document (otherwise than as provided for by items 9 and 11):

(a)	for up to 20 pages	$11.70
(b)	for each 10 pages (or part thereof) after the first 20	$5.80
pages

9          Retrieving and providing access to, but not furnishing a copy of, any file or box of files, where the file or box of files is retrieved from:

(a)  the Government Records Repository or any other off-site storage facility (other than the State Records):
(i)	standard retrieval request	$12.60 per file or box of files
(ii)	non-standard retrieval request (including an	Such additional
urgent, high or after hours priority retrieval	fee incurred by a
request or a retrieval request for delivery to or	court
from a regional location outside the Sydney metropolitan area)
(b)	the State Records—standard retrieval request	$31.60 per file or box of files

10	Supplying a duplicate recording of sound-recorded	$47.90
evidence—per cassette tape or disc
11	Providing a copy of any deposition or transcript (unless otherwise provided for under any other Act):

(a)

for each page, where the matter being transcribed is under 3 months old:

(i)	for up to 8 pages	$81.00
(ii)	for each page after the first 8 pages	$9.95

(b)

for each page, where the matter being transcribed is 3 months old or older:

(i)	for up to 8 pages	$99.50
(ii)	for each page after the first 8 pages	$11.30

Criminal Procedure Amendment (Fees and Court Costs Levy) Regulation	2013 No 301
2013
Amendment of Criminal Procedure Regulation 2010	Schedule 1

Part 2 Sheriff’s fees

Item	Matter for which fee payable	Fee
1	Attending a view by a jury in criminal proceedings	$167.00