Federal Magistrates Amendment Regulations 2007 (No. 1) (Cth)

Federal Magistrates Amendment Regulations 2007 (No. 1)¹

Select Legislative Instrument 2007 No. 294

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 26 September 2007

P. M. JEFFERY

Governor‑General

By His Excellency’s Command

PHILIP RUDDOCK

Attorney‑General

Name of Regulations

These Regulations are the Federal Magistrates Amendment Regulations 2007 (No. 1).

Commencement

These Regulations commence as follows:

(a)on the day after they are registered — regulations 1 to 3 and Schedule 1;

(b)on 15 October 2007 — Schedule 2.

Amendment of Federal Magistrates Regulations 2000

Schedules 1 and 2 amend the Federal Magistrates Regulations 2000.

Schedule 1 Amendments commencing on day after registration

(regulation 3)

[1] Regulation 5, before subregulation (1)

insert

(1A)This regulation is subject to regulation 10A.

[2] After regulation 10

insert

10APayment on invoice

(1)Regulation 5 does not apply to a person liable to pay a fee who, when the fee mentioned in subregulation 5 (1), (2), (3) or (4) must be paid is:

(a)an approved user of court services; or

(b)represented by a legal practitioner who is an approved user of court services.

(2)If a person liable to pay a fee has not paid that fee, the Court may invoice for that fee:

(a)if paragraph (1) (a) applies — the person; or

(b)if paragraph (1) (b) applies:

(i)the person; or

(ii)the legal practitioner mentioned in that paragraph.

(3)An approved user must pay the invoiced fees within 30 days after receiving the invoice.

(4)Subregulation (1) ceases to apply to a person mentioned in paragraph (2) (a) or (b) at the end of the period mentioned in subregulation (3) if the invoiced fees are unpaid.

(5)In this regulation:

approved means approved by the Registrar.

(6)In deciding whether to approve a user for this regulation, the Registrar may have regard to the following matters:

(a)the user’s financial history with the Court, including frequency of dealings and whether fees have been paid;

(b)whether the user provides a guarantee;

(c)whether the user is, or is likely to be, a regular user of court services;

(d)the financial circumstances of the user;

(e)any other matter the Registrar considers relevant.

(7)An approval may be made subject to conditions stated in the approval.

[3] Regulation 11, before subregulation (1)

insert

(1A)Subregulations 11 (1) and (2) are subject to regulation 10A.

[4] After subregulation 11 (2)

insert

(3)If a fee remains unpaid after the time mentioned in regulation 5 or the end of a period mentioned in subregulation 10 (2) or 10A (3), the unpaid fee is recoverable by the Commonwealth as a debt due to the Commonwealth.

Schedule 2 Amendments commencing on 15 October 2007

(regulation 3)

[1] Regulation 14

omit

2004,

insert

2006,

[2] Subregulation 15 (1), definition of relevant period, paragraphs (a) and (b)

omit

2004

insert

2006

[3] Schedule 1, item 3, column 3

substitute

$145

[4] Schedule 1, item 5A

substitute

Setting down for hearing for final orders of a proceeding or an issue in question in a proceeding under the Family Law Act 1975 (other than an undefended proceeding)

$365

[5] Schedule 1, item 7

substitute

Filing, by a person other than the applicant, a document seeking the making of final orders different from those sought by the applicant in a proceeding under the Family Law Act 1975 about a financial matter or a matter under Part VII of that Act

$145

Note

All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See