Juries (Fees) Regulations 2022 (Vic)

Version No. 001

Juries (Fees) Regulations 2022

S.R. No. 78/2022

Version as at

25 September 2022

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Revocation

5Fees for civil juries

6Administrative expenses in respect of refund of fees

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Endnotes

1      General information

2      Table of Amendments

3      Explanatory details

Version No. 001

Juries (Fees) Regulations 2022

S.R. No. 78/2022

Version as at

25 September 2022

1Objective

The objective of these Regulations is to prescribe—

(a)fees payable by a party requiring a civil case to be tried by a jury in the Supreme Court or the County Court; and

(b)administrative expenses that apply in respect of a refund of fees.

2Authorising provision

These Regulations are made under section 90 of the Juries Act 2000.

3Commencement

These Regulations come into operation on 25 September 2022.

4Revocation

The Juries (Fees) Regulations 2012[1] are revoked.

5Fees for civil juries

(1)For the purposes of section 24(1) of the Juries Act 2000, the prescribed fee is the amount determined in accordance with the following formula—

40F + 25R

where—

Fis one fee unit;

Ris the amount of remuneration to be paid to a person under section 51 of that Act for attendance for jury service on the first day of a trial, as determined by applying the relevant rate fixed by notice published in the Government Gazette, but not including the following—

(a)any amount paid for a juror in respect of service of more than 8 hours on the final day of the trial; 

(b)travel or other allowances.

(2)For the purposes of section 24(2) of the Juries Act 2000, the prescribed fee for the second and each subsequent day of a trial is the amount determined in accordance with the following formula—

4F +

where—

Fis one fee unit;

Ris the amount of remuneration to be paid to a person under section 51 of that Act for attendance for jury service on the second and each subsequent day of a trial, as determined by applying to each day of service the relevant rate fixed by notice published in the Government Gazette, but not including the following—

(a)any amount paid for a juror in respect of service of more than 8 hours on the final day of the trial; 

(b)travel or other allowances;

Jis the number of jurors serving on the jury for the trial.

6Administrative expenses in respect of refund of fees

For the purposes of section 24(7) of the Juries Act 2000, the prescribed administrative expenses are 4·6 fee units.

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Endnotes

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Juries (Fees) Regulations 2022, S.R. No. 78/2022 were made on 13 September 2022 by the Governor in Council under section 90 of the Juries Act 2000, No. 53/2000 and came into operation on 25 September 2022: regulation 3.

The Juries (Fees) Regulations 2022 will sunset 10 years after the day of making on 13 September 2032 (see section 5 of the Subordinate Legislation Act 1994).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule.  Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms. 
See section 36(1A)(2A)(2B).

•     Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule.  Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule.  See section 36(3A).

•     Punctuation

All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule.  Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).

•     Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001.  Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule.  See section 36(3)(3D)(3E).

2   Table of Amendments

There are no amendments made to the Juries (Fees) Regulations 2022 by statutory rules, subordinate instruments and Acts.

3   Explanatory details

[1] Reg. 4: S.R. No. 106/2012.

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Fee Units

These Regulations provide for fees by reference to fee units within the meaning of the Monetary Units Act 2004.

The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.

The value of a fee unit for the financial year commencing 1 July 2022 is $15.29. The amount of the calculated fee may be rounded to the nearest 10 cents.

The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.