Criminal Procedure Amendment (Fees) Regulation 2015 (NSW)

New South Wales

Criminal Procedure Amendment (Fees)

Regulation 2015

under the

Criminal Procedure Act 1986

His Excellency the Governor, with the advice of the Executive Council, has made the following

Regulation under the Criminal Procedure Act 1986.

GABRIELLE UPTON, MP

Attorney General

Explanatory note
The object of this Regulation is to increase the fees payable in relation to:

(a)	the conduct of criminal proceedings, and
(b)	the provision of copies of transcripts of evidence, recorded statements and witnesses’ statements, and
(c)	the functions exercised by the Sheriff in relation to criminal proceedings.

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

Criminal Procedure Amendment (Fees) Regulation 2015

under the

Criminal Procedure Act 1986

1      Name of Regulation

This Regulation is the Criminal Procedure Amendment (Fees) Regulation 2015.

2      Commencement

This Regulation commences on 1 August 2015 and is required to be published on the
NSW legislation website.

Schedule 1 Amendment of Criminal Procedure Regulation
2010

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 Criminal Procedure Act	$89.00
1986 to commence proceedings to which Parts 2–4 of that Chapter apply
2	Filing an application under Chapter 4 of the Criminal Procedure Act 1986 to	$897.00
commence proceedings to which Part 5 of that Chapter applies, being proceedings in the Land and Environment Court (Class 5 of that Court’s jurisdiction)
3	Filing an application to commence summary proceedings brought in the District	$1,773.00
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 conviction or sentence	$89.00
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	$111.00
(b)	in relation to more than one offence arising from the same court	$171.00
appearance

6	Filing a notice of appeal, or an application for leave to appeal, to the Land and	$897.00
Environment Court under Part 4 of the Crimes (Appeal and Review) Act 2001 (Class 6 or 7 of that Court’s jurisdiction)
7	Issuing a certificate of conviction or dismissal	$58.00
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	$12.50
(b)	for each 10 pages (or part thereof) after the first 20 pages	$6.50

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	$13.50 per file or box of files

Item Matter for which fee payable Fee

(ii)	non-standard retrieval request (including an urgent retrieval	Such
request, a high or after hours priority retrieval request or a retrieval	additional
request for delivery to or from a regional location outside the	fee
Sydney metropolitan area)	incurred by a court
(b)	the State Records—standard retrieval request	$33.50 per file or box of files

10	Supplying a duplicate recording of sound-recorded evidence—per cassette tape	$50.00
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	$85.00
(ii)	for each page after the first 8 pages	$10.50

(b)

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

(i)	for up to 8 pages	$105.00
(ii)	for each page after the first 8 pages	$12.00

Part 2 Sheriff’s fees

Item	Matter for which fee payable	Fee
1	Attending a view by a jury in criminal proceedings	$176.00