Criminal Procedure Amendment (Fees) Regulation 2010 (NSW)

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2010 No 329

New South Wales

Criminal Procedure Amendment (Fees)

Regulation 2010

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.

JOHN HATZISTERGOS, MLC

Attorney General

Explanatory note

The object of this Regulation is to increase the fees payable in relation to criminal general regulation-making power), 4A (Fees) and 114.

proceedings.

Published LW 1 July 2010 Page 1
2010 No 329
Clause 1 Criminal Procedure Amendment (Fees) Regulation 2010

Criminal Procedure Amendment (Fees) Regulation 2010

under the

Criminal Procedure Act 1986

1      Name of Regulation

This Regulation is the Criminal Procedure Amendment (Fees)
Regulation 2010.

2      Commencement

This Regulation commences on 1 July 2010 and is required to be published on the NSW legislation website.

2010 No 329

Criminal Procedure Amendment (Fees) Regulation 2010

Amendment of Criminal Procedure Regulation 2005 Schedule 1
Schedule 1 Amendment of Criminal Procedure
Regulation 2005

Schedule 3

Omit the Schedule. Insert instead:

Schedule 3 Fees

(Clauses 13 and 14)

Part 1 Court fees
Column 1 Column 2
Item Matter for which fee payable Fee
1 Filing a court attendance notice under Chapter 4 of the $79

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 $779

Part 5 of that Chapter applies, being proceedings in the

Procedure Act 1986 to commence proceedings to which jurisdiction)

3 Filing an application to the Local Court for annulment of $79
conviction or sentence under Part 2 of the Crimes (Appeal
and Review) Act 2001

4

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 $97
(b) in relation to more than 1 offence arising from the $149
same court appearance
5 Filing a notice of appeal, or an application for leave to $779

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)

6 Issuing a certificate of conviction or dismissal $52

2010 No 329

Criminal Procedure Amendment (Fees) Regulation 2010

Schedule 1 Amendment of Criminal Procedure Regulation 2005
Column 1 Column 2
Item Matter for which fee payable Fee
7 Retrieving, providing access to and furnishing a copy of any $10.80, plus
document (otherwise than as provided for by items 8 and $5.40 for each
10) 10 pages (or part
of 10 pages)
after the first 20
pages
8 Retrieving and providing access to, but not furnishing a Nil
copy of, any document
9 Supplying a duplicate tape recording of sound-recorded $44 per cassette
evidence

10

Supplying a 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 $79, plus $9.70
under 3 months old per page for
each page after
the first 8 pages
(b) for each page, where the matter being transcribed is $97, plus $11
3 months old or older per page for
each page after
the first 8 pages
Part 2 Sheriff’s fees
Column 1 Column 2
Item Matter for which fee payable Fee
1 Attending a view by a jury in criminal proceedings $154
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