Fair Trading Tribunal Act 1998 Fair Trading Tribunal Amendment (Fees) Regulation 2001 (2001-120) [GG No 41 of 23.2.2001, p 820] (NSW)

2001 No 120

Fair Trading Tribunal Amendment New South Wales

(Fees) Regulation 2001

under the

Fair Trading Tribunal Act 1998

His Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Fair Trading Tribunal Act 1998.

JOHN WATKINS, M.P., Minister for Fair Trading

Explanatory note
The object of this Regulation is to increase filing fees chargeable in relation to proceedings in the Fair Trading Tribunal and to increase fees payable for a copy of a record of such proceedings.

This Regulation is made under the Fair Trading Tribunal Act 1998, including section 77 (the general regulation-making power).

Published in Gazette No 41 of 23 February 2001, page 820	Page 1
[8]
2001 No 120
Clause 1	Fair Trading Tribunal Amendment (Fees) Regulation 2001

Fair Trading Tribunal Amendment (Fees)
Regulation 2001

1     Name of Regulation

This Regulation is the Fair Trading Tribunal Amendment (Fees)

Regulation 2001.

2 Commencement

This Regulation commences on 31 March 2001.

3 Amendment of Fair Trading Tribunal Regulation 1999

The Fair Trading Tribunal Regulation 1999 is amended as set out in

Schedule 1.

4 Notes

The explanatory note does not form part of this Regulation.

2001 No 120

Fair Trading Tribunal Amendment (Fees) Regulation 2001

Amendments	Schedule 1
Schedule 1	Amendments

(Clause 3)

[1]     Clause 34 Copies of documents

Omit “$20” from clause 34 (1) wherever occurring. Insert instead “$21”.

[2]     Schedule 3

Omit the Schedule. Insert instead:

Schedule 3 Filing fees (Clause 36)

Part 1 Matters in Consumer Claims Division, Motor

Vehicle Division or Home Building Division

An application:

(a)	where the amount claimed or in dispute is less than
$2,000 $11
(b)	where the amount claimed or in dispute is not less
than $2,000 but is less than $4,000 $22
(c)	where the amount claimed or in dispute is not less
than $4,000 but is less than $6,000 $33
(d)	where the amount claimed or in dispute is not less
than $6,000 but is less than $10,000 $43
(e)	where the amount claimed or in dispute is not less
than $10,000 $109
An application where no amount is claimed or in dispute	$27

2001 No 120

Fair Trading Tribunal Amendment (Fees) Regulation 2001

Schedule 1 Amendments

Part 2 Matters in Commercial Division

An application for which no other fee is prescribed

by this Regulation or by or under the relevant Act	$60
An application in a matter arising under the
Property, Stock and Business Agents Act 1941 or the
Travel Agents Act 1986	Fees payable in accordance with Part 1 of this Schedule
An application under section 86 or 86A of the Credit Act 1984:
(a)	if the number of contracts the subject of the
application does not exceed 10  $263
(b)	if the number of contracts the subject of the
application exceeds 10 but does not exceed 100 $598
(c)	if the number of contracts the subject of the

application exceeds 100 but does not

exceed 200 $1,196
(d)	if the number of contracts the subject of the

application exceeds 200 but does not

exceed 1,000 $2,392
(e)	if the number of contracts the subject of the
application exceeds 1,000 $5,981

An application under section 34 (5), 35, 44 (4), 47 (3), 80, 82, 83, 85, 92, 93, 94, 156, 157, 172 (4) (b) or 174 of the Consumer Credit (NSW) Code	$60
An application under section 68 or 88 of the
Consumer Credit (NSW) Code	Nil
An application under section 101 of the Consumer Credit (NSW) Code where the application is made by a credit provider:
(a)	if the number of contracts the subject of the
application does not exceed 10  $234
(b)	if the number of contracts the subject of the
application exceeds 10 but does not exceed 100 $532
(c)	if the number of contracts the subject of the

application exceeds 100 but does not

exceed 200 $1,064

2001 No 120

Fair Trading Tribunal Amendment (Fees) Regulation 2001

Amendments Schedule 1

(d) if the number of contracts the subject of the

application exceeds 200 but does not

exceed 1,000 $2,127
(e)	if the number of contracts the subject of the
application exceeds 1,000 $5,320

Notice of appeal	$167
Certified copy of judgment or final order after the
judgment or final order has been entered or sealed	$36
Searching any proceeding or record, other than a
search made by or on behalf of a party to the
proceeding	$36 per hour or part of an hour
Copy of evidence taken in any proceedings before
the Tribunal	Cost to Tribunal

BY AUTHORITY