Federal Court of Australia Regulations (Amendment) (Cth)

Statutory Rules 1992

No. 405 1

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Federal Court of Australia Regulations 2(Amendment)

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Federal Court of Australia Act 1976.

 Dated 9 December 1992.

 BILL HAYDEN

 Governor-General

 By His Excellency’s Command,

MICHAEL TATE

Minister of State for Justice for and on behalf of the

Attorney-General

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1.   Commencement

1.1   Regulation 7 is taken to have commenced on 1 April 1992.

[NOTE: The remainder of these Regulations commence on gazettal: see Acts Interpretation Act 1901, s. 48]

2.   Amendment

2.1   The Federal Court of Australia Regulations are amended as set out in these Regulations.

3.   New Regulation 1A

3.1   After regulation 1, insert:

Interpretation

 “1A.   In these Regulations, unless the contrary intention appears:

‘Registrar’ includes the Deputy Registrar, a District Registrar and a Deputy District Registrar.”.

4.   Regulation 2 (Fees)

4.1   Paragraph 2 (2) (k):

Omit the paragraph.

4.2   After subregulation 2 (2), insert:

 “(2a) A fee is not payable in relation to:

• (a)

  an appeal under section 14zz of the Taxation Administration Act 1953; or

• (b)

  an appeal from a decision of the Administrative Appeals Tribunal in its Taxation Appeals Division; or

• (c)

  an appeal from a single Judge to the Full Court in relation to an appeal under section 14zz of the Taxation Administration Act 1953;

if the Registrar who receives the appeal is satisfied that the appeal (in this regulation called “the relevant appeal”) meets the criteria set out in subregulation (2b).

 “(2b) The criteria are that:

• (a)

  the person lodging the relevant appeal has lodged another appeal and has paid a fee in relation to it; and

• (b)

  the same paragraph of subregulation (2A) describes both appeals; and

• (c)

  the relevant appeal concerns an issue (other than a procedural issue) that is substantially the same as an issue raised in the other appeal.”.

4.3   Paragraph 2 (4) (c):

Omit the paragraph, substitute:

• “(c)

  the Registrar having regard to the income, day to day living expenses, liabilities and assets of the person liable to pay the fee, waives payment of the fee because, in his or her opinion, it would cause financial hardship to the person.”.

4.4   Add at the end:

“(5)

The Registrar may defer the payment of a fee in relation to an application or appeal if, in his or her opinion, filing the application or appeal is attended by urgency that overrides the requirement of payment of the fee at the time of filing.

“(6)

If payment of a fee has been deferred under subregulation (5), the fee:

• (a)

  must be paid within 30 days of filing; and

• (b)

  if not paid within that period, is a debt due to the Commonwealth that may be recovered in a court of competent jurisdiction.”.

5.   Regulation 2a (Hearing fees)

5.1   Subregulation 2a (1):

Omit “the Registrar or a District Registrar”, substitute “or Registrar”.

5.2   Subregulation 2A (1):

Omit “subject to this regulation”, substitute “subject to this regulation and subregulations 2 (2a) and (2b)”.

5.3   Paragraph 2a (2) (g):

Omit the paragraph, substitute:

• “(g)

  the Registrar having regard to the income, day to day living expenses, liabilities and assets of the person liable to pay the fee, waives payment of the fee because, in his or her opinion, it would cause financial hardship to the person.”.

5.4   Subregulation 2A (3):

Omit “the Registrar or a District Registrar”, substitute “or Registrar”.

5.5   Paragraph 2a (3) (b):

Omit “the Registrar or a District Registrar”, substitute “or Registrar”.

5.6   Paragraphs 2a (4) (a), (b) and (c):

Omit “the Registrar or a District Registrar”, substitute “or Registrar”.

5.7   New paragraph 2A (5) (aa):

After paragraph 2A (5) (a), insert:

• “(aa)

  in spite of a notification referred to in paragraph (a), a hearing is conducted for the purpose of making formal orders; or”.

6.   Regulation 2b (Review by the Administrative Appeals Tribunal)

6.1   Omit the regulation, substitute:

Notice of decision: review by the Administrative Appeals Tribunal

 “2b. (1) If the Registrar makes a decision under subregulation 2 (2A) or paragraph 2 (4) (c) or 2a (2) (g), a notice of the decision must be given to the person liable to pay the fee to which the decision relates.

“(2)

Application may be made to the Administrative Appeals Tribunal for review of a decision of that kind.

 “(3)If the decision is a decision that an appeal does not meet the criteria set out in subregulation 2 (2B), or a decision not to waive payment of a fee, the notice must:

• (a)

  set out reasons for the decision; and

• (b)

  contain, or be accompanied by, a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975, application may be made to the Administrative Appeals Tribunal for review of the decision.

“(4)

A notice under subregulation (1) must be given within 28 days of the date of the decision.

“(5)

Failure to include in a notice under subregulation (1) a statement of the kind mentioned in paragraph (3) (b) does not affect the validity of the decision.”.

7.   Regulation 3 (Application)

7.1   Add at the end:

“(2)

A fee is not payable:

• (a)

  under subregulation 2 (1) in respect of a matter specified in item 8 or 9 of the Schedule; or

• (b)

  under subregulation 2a (1);

in a proceeding commenced on or before 31 March 1992.”.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 16 December 1992.

2. Statutory Rules 1978 No. 36 as amended by 1979 No. 43; 1982 No. 245; 1983 No. 339; 1985 No. 178; 1987 Nos. 22, 171 and 198; 1989 Nos. 154 and 328; 1991 No. 448.