District Court (Fees) Amendment Regulations 2006 (WA)

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23 June 2006 GOVERNMENT GAZETTE, WA 2187

JU305*

District Court of Western Australia Act 1969

These regulations come into operation on 1 July 2006.

District Court (Fees) Amendment

Regulations 2006

Made by the Governor in Executive Council.

1.            Citation

These regulations are the District Court (Fees) Amendment
Regulations 2006.

2.            Commencement

2188 GOVERNMENT GAZETTE, WA 23 June 2006

3.            The regulations amended

The amendments in these regulations are to the District Court
(Fees) Regulations 2002*.
[* Published in Gazette 27 December 2001, p. 6617-43.

For amendments to 25 May 2006 see Western Australian
Legislation Information Tables for 2005, Table 4, p. 91-2.]

4.            Schedule 1 amended

(1) Schedule 1 item 4 is deleted.

(2) After Schedule 1 item 10 note 2 the following note is

inserted -

"

under the Commercial Arbitration Act 1985 and the appointment is cancelled, the following percentage of the fee paid is to be refunded -

NOTE 3:

(a) if the appointment is cancelled less than 3 days before the day of the appointment, nil;
(b) if the appointment is cancelled 3 days or more and less than 10 days before the day of the appointment, 50%;
(c) if the appointment is cancelled 10 or more days before the day of the appointment, 80%.

(3) Schedule 1 is amended in each item listed in column 1 of the Table to this subregulation by deleting the figure set out in column 2, and inserting instead the figure set out in column 3 opposite that item.

la ble

Column 1 Column 2 (oluinii 3
Item Delete Insert instead
1, 2(a) and (b), 5 436 454
1, 2(a) and (b), 5 654 681
2(c) and (d) 164 171
2(c) and (d) 218 227
3 54.50 57
3 109 114
6 and 7 382 399
6 and 7 763 798
8 and lO(a) 109 114
8 and 10(a) 164 171
11 (both places) 22 23
11 A(b) (both places) 1 000 1 042
12(a) (both places) 33 34
12(b) (both places) 55 57
13(d) (both places) 44 46
14(b) (both places) 10.50 11
23 June 2006 GOVERNMENT GAZETTE, WA 2189

5.            Schedule 2 amended

(1) Schedule 2 item 1 and notes 1 and 2 after it are deleted and the

following is inserted instead

1. On the execution of an arrest warrant of
any kind —
(a) for arresting the person ....... 72.50

(b)

for conveying the person to a court or a custodial place and releasing the

person from arrest or custody 72.50

(c)

for each 30 minutes after 2 hours and 30 minutes that an enforcement officer, as defined in the Civil Judgments Enforcement Act 2004 section 3, is required to keep the person in custody until he or she is conveyed to a court or a custodial place

19.25

NOTE 1:
The fee under paragraph (a) is payable whether or not the Sheriff's
functions under the warrant are performed and includes up to
3 attempts to perform the functions at the same address.
NOTE 2:

The fee under paragraph (a) includes —

(a) receipt of the warrant; and
(b) attendances and inquiries before attempting arrest; and
(c) giving any notice; and
(d) making any report.

(2) Schedule 2 is amended in each item listed in column 1 of the Table to this subregulation by deleting the figure set out in column 2, and inserting instead the figure set out in column 3 opposite that item.

Table

Column 1 Column 2 Column 3
Item Delete Insert instead
2 37.50 39.50
3(a) 0.95 1.00
3(b) 1.05 1.10
4 36.50 38.50

By Command of the Governor,

M. C. WAUCHOPE, Clerk of the Executive Council.

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