Criminal Procedure Amendment (Fees) Regulation 2006 (NSW)

2006 No 356

New South Wales

Criminal Procedure Amendment (Fees)

Regulation 2006

under the

Criminal Procedure Act 1986

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

BOB DEBUS, M.P.,

Attorney General

Explanatory note
The object of this Regulation is to amend the Criminal Procedure Regulation 2005 so as:

(a)	to provide for the waiver, postponement and remittal of fees by the registrar of a court rather than, as is currently the case, by the court, and
(b)	to enable the registrar of a court, and the Sheriff, to delegate functions conferred on them by that Regulation, and
(c)	to increase certain fees that are payable in relation to criminal proceedings.

This Regulation is made under the Criminal Procedure Act 1986, including section 4A

(Fees).

Published in Gazette No 84 of 30 June 2006, page 4795	Page 1
2006 No 356
Clause 1	Criminal Procedure Amendment (Fees) Regulation 2006

Criminal Procedure Amendment (Fees) Regulation 2006

under the

Criminal Procedure Act 1986

1      Name of Regulation

This Regulation is the Criminal Procedure Amendment (Fees)
Regulation 2006.

2      Commencement

This Regulation commences on 1 July 2006.

3 Amendment of Criminal Procedure Regulation 2005

The Criminal Procedure Regulation 2005 is amended as set out in
Schedule 1.

2006 No 356

Criminal Procedure Amendment (Fees) Regulation 2006

Amendments	Schedule 1
Schedule 1	Amendments

(Clause 3)

[1]      Clause 17 General power to waive, postpone and remit fees

Omit “A court” from clause 17 (1).
Insert instead “The registrar of a court”.

[2]      Clause 17 (1)

Omit “court” where lastly occurring. Insert instead “registrar”.

[3]      Clause 17 (3)

Omit the subclause.

[4]      Clause 30A

Insert after clause 30:

30A Delegation of functions

(1)	The registrar of a court may delegate to any person the exercise of any of the functions conferred on the registrar by this Regulation, other than this power of delegation.
(2)	The Sheriff may delegate to any person the exercise of any of the functions conferred on the Sheriff by this Regulation, other than this power of delegation.

[5]      Schedule 3

Omit the Schedule. Insert instead:

Schedule 3 Fees

(Clauses 13 and 14)

Part 1 Court fees

Column 1 Column 2

2006 No 356	Criminal Procedure Amendment (Fees) Regulation 2006
Schedule 1	Amendments

Column 1 Column 2

Item	Matter for which fee payable	Fee
2	Filing an application to a Local Court for annulment of	$67
conviction or sentence under Part 2 of the Crimes (Local Courts Appeal and Review) Act 2001
3	Filing a notice of appeal, or an application for leave to appeal, to the District Court under Part 3 of the Crimes (Local Courts Appeal and Review) Act 2001:

(a)	in relation to appellant’s first such notice	$82
(b)	in relation to appellant’s second or subsequent such	$44
notice

4	To issue a certificate of conviction or dismissal	$44
5	Retrieving, providing access to and furnishing a copy of any	$10, plus $5 for
document (otherwise than as provided for by items 4, 6 and	each 10 pages
8)	(or part thereof) after the first 20 pages
6	Retrieving and providing access to, but not furnishing a	$0
copy of, any document
7	Supply of duplicate tape recording of sound-recorded	$37 per cassette
evidence
8	Copy of any deposition, transcript or diskette (unless otherwise provided for under any other Act):

(a)	for each page, where the matter being transcribed is	$68, plus $8.20
under 3 months old	per page for each page after the first 8 pages
(b)	for each page, where the matter being transcribed is	$81, plus $9.30
3 months old or older	per page for each page after the first 8 pages

Part 2 Sheriff’s fees

Column 1 Column 2