Federal Magistrates Amendment Regulations 2004 (No. 2) (Cth)

Federal Magistrates Amendment Regulations 2004 (No. 2)1

Statutory Rules 2004 No. 3202

I, PHILIP MICHAEL JEFFERY, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Federal Magistrates Act 1999.

Dated 18 November 2004

P. M. JEFFERY

Governor-General

By His Excellency’s Command

PHILIP RUDDOCK

Attorney-General

1Name of Regulations

These Regulations are the Federal Magistrates Amendment Regulations 2004 (No. 2).

2Commencement

These Regulations commence on the date of their notification in the Gazette.

3Amendment of Federal Magistrates Regulations 2000

Schedule 1 amends the Federal Magistrates Regulations 2000.

Schedule 1Amendments

(regulation 3)

[1]Regulation 3, definition of corporation, including the note

substitute

corporation means a corporation within the meaning given by section 57A of the Corporations Act 2001.

[2]After subregulation 8 (2)

insert

1. (3)

   For subparagraph (1) (b) (i), holder of a concession card does not include a dependant of the holder of the card.

[3]After regulation 8

insert

8AExemptions from payment of filing fees

A fee is not payable for filing a document in a proceeding relating to a matter if:

1. (a)

   the matter:

   1. (i)

      was remitted by the High Court to the Federal Court under section 44 of the Judiciary Act 1903; and

   2. (ii)

      was subsequently transferred by the Federal Court to the Federal Magistrates Court under section 32AB of the Federal Court of Australia Act 1976; or

2. (b)

   the matter was remitted by the High Court to the Federal Magistrates Court under section 44 of the Judiciary Act 1903.

8BExemptions from payment of setting down fees

A setting down fee is not payable in a proceeding relating to a matter if:

1. (a)

   the matter:

   1. (i)

      was remitted by the High Court, in the exercise of its appellate jurisdiction, for re-hearing by the Federal Court under section 44 of the Judiciary Act 1903; and

   2. (ii)

      was subsequently transferred by the Federal Court to the Federal Magistrates Court under section 32AB of the Federal Court of Australia Act 1976; or

2. (b)

   the matter was remitted by the High Court, in the exercise of its appellate jurisdiction, for re-hearing by the Federal Magistrates Court under section 44 of the Judiciary Act 1903.

[4]Regulation 14

substitute

14Biennial increases in fees

On each biennial anniversary of 1 July 2004, the amount of each fee specified in Schedule 1 (except the fees specified in items 2 and 9 of that Schedule) increases in accordance with regulation 15.

[5]Subregulation 15 (1)

substitute

1. (1)

   In this regulation:

CPI number means the All Groups Consumer Price Index number (being the weighted average of the 8 Australian capital cities) published by the Australian Statistician.

fee means a fee specified in Schedule 1 (except in item 2 or 9).

relevant period means any of the following periods:

1. (a)

   the 2-year period starting on 1 July 2004;

2. (b)

   each 2-year period starting on a biennial anniversary of 1 July 2004.

[6]Schedule 1, after item 4

insert

4A	Filing of an application to review an exercise of power by the Registrar, under subsection 104 (2) of the Act (other than in relation to family law or child support proceedings):
(a) if a corporation is liable to pay the fee	$345.00
(b) in any other case	$173.00

[7]Schedule 1, item 10, column 3

omit

$2.00 for each $100.00 of value of goods

insert

$263.00

[8]Schedule 1, note

substitute

Note The fees mentioned in this Schedule (except the fees mentioned in items 2 and 9) are subject to increase under regulation 14.

[9]Further amendments — Schedule 1

Provision	omit	insert
Item 1, paragraph (a)	$500.00	$576.00
Item 1, paragraph (b)	$250.00	$288.00
Item 3	$100.00	$115.00
Item 4, paragraph (a)	$300.00	$345.00
Item 4, paragraph (b)	$150.00	$173.00
Item 5, paragraph (a)	$600.00	$691.00
Item 5, paragraph (b)	$300.00	$345.00
Item 6, paragraph (a)	$500.00	$576.00
Item 6, paragraph (b)	$250.00	$288.00
Item 7, paragraph (a)	$200.00	$230.00
Item 7, paragraph (b)	$100.00	$115.00
Item 8	$200.00	$230.00

Notes

1. These Regulations amend Statutory Rules 2000 No. 102, as amended by 2000 No. 245 and 255; 2004 No. 292.

2. Notified in the Commonwealth of Australia Gazette