Criminal Procedure Amendment (Fees) Regulation 2018 (NSW)
New South Wales
Criminal Procedure Amendment (Fees)
Regulation 2018
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.
MARK SPEAKMAN, MP
Attorney General
Explanatory note
The object of this Regulation is to increase certain fees payable in relation to the following:
| (a) | the conduct of criminal proceedings, |
| (b) | the provision of copies of transcripts of evidence, recorded statements and witnesses’ statements, |
| (c) | the retrieval of, and provision of access to, files or boxes of files from off-site storage facilities, |
| (d) | 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 2018
under the
Criminal Procedure Act 1986
1 Name of Regulation
This Regulation is the Criminal Procedure Amendment (Fees) Regulation 2018.
2 Commencement
This Regulation commences on 1 July 2018 and is required to be published on the
NSW legislation website.
| Schedule 1 | Amendment of Criminal Procedure Regulation 2017 |
Schedule 2
Omit the Schedule. Insert instead:
Schedule 2 Fees
(Clauses 12 and 13)
Part 1 Court fees
Item Matter for which fee payable Fee 1 Filing a court attendance notice under Chapter 4 of the Criminal $95 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 Procedure $956 Act 1986 to 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 $1,889 in the District Court, other than proceedings brought by the
secretary of an industrial organisation of employees4 Filing an application to the Local Court for annulment of conviction $95 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 $117 (b) in relation to more than one offence arising from the same $183 court appearance
6 Filing a notice of appeal, or an application for leave to appeal, to the $956 Land and 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 $61 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 $13 (b) for each 10 pages (or part thereof) after the first 20 pages $7 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 an off-site storage facility:
(a) standard retrieval request $82 per file or box
of filesItem
Matter for which fee payable Fee
(b) non-standard retrieval request (including an urgent retrieval Such additional fee
request, a high or after hours priority retrieval request or a incurred by a court retrieval request for delivery to or from a regional location
outside the Sydney metropolitan area)
10 Supplying a duplicate recording of sound-recorded evidence—per $53 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 $91 (ii) for each page after the first 8 pages $11 (b)
for each page, where the matter being transcribed is 3 months old or older:
(i) for up to 8 pages $111 (ii) for each page after the first 8 pages $13
Part 2 Sheriff’s fees
Item Matter for which fee payable Fee 1 Attending a view by a jury in criminal proceedings $188
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