Justices Amendment Regulation (No. 2) 2002 (Qld)

Queensland Subordinate Legislation 2002 No. 224 Justices Act 1886 JUSTICES AMENDMENT REGULATION (No. 2) 2002 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 PART 2—AMENDMENT OF JUSTICES REGULATION 1993 3 Regulation amended in pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Amendment of pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Division 1—Procedure if warrant of apprehension issued 1A Copy of complaint to be filed if warrant of apprehension issued—Act, ss 57 or 59 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Division 3—Procedure if summons to or warrant for witness issued 6A Copy of summons to be filed if summons issued to witness—Act, s 78 or 83 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 6B Copy of complaint for issue of warrant to be filed if warrant issued for witness—Act, s 81 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 5 Insertion of new ss 13–14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 13 Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 14 Filing fee if state-related complainant . . . . . . . . . . . . . . . . . . . . . . . . 6 6 Insertion of new sch 3 (Fees). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 SCHEDULE 3 FEES

2 Justices Amendment Regulation (No. 2) 2002 No. 224, 2002 PART 3—REPEAL OF JUSTICES (FEES) REGULATION 1992 7 Repeal of Justices (Fees) Regulation 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . 7

s1 3 s4 Justices Amendment Regulation (No. 2) 2002 No. 224, 2002 PART 1—PRELIMINARY 1 Short title This regulation may be cited as the Justices Amendment Regulation (No. 2) 2002 . 2 Commencement This regulation commences 1 September 2002. PART 2—AMENDMENT OF JUSTICES REGULATION 1993 3 Regulation amended in pt 2 This part amends the Justices Regulation 1993. 4 Amendment of pt 2 (1) Part 2, heading— omit , insert— ‘PART 2—PROCEDURE FOR CERTAIN SUMMONSES AND WARRANTS’ . (2) After part 2, heading— insert —

s4 4 s4 Justices Amendment Regulation (No. 2) 2002 No. 224, 2002 ‘Division 1—Procedure if warrant of apprehension issued ‘1A Copy of complaint to be filed if warrant of apprehension issued—Act, ss 57 or 59 ‘ (1) This section applies if a complaint is made and, under section 57 or 59 of the Act, 1 a justice issues a warrant to apprehend a person. ‘ (2) If the warrant is issued at a place appointed for holding a Magistrates Court, the complainant must, at the time the warrant is issued, file a copy of the complaint with the clerk of the court. ‘ (3) If the warrant is issued at a place other than a place appointed for holding a Magistrates Court, the complainant must, within 3 days of the warrant’s issue, file a copy of the complaint with the clerk of the court nearest the place where the warrant was issued. ‘Division 2—Computer warrants ’. (3) Part 2, after section 6— insert — ‘Division 3—Procedure if summons to or warrant for witness issued ‘6A Copy of summons to be filed if summons issued to witness—Act, s 78 or 83 ‘ (1) This section applies if a request is made that, under section 78 or 83 of the Act, 2 a justice issue a summons to a witness. ‘ (2) If the summons is issued at a place appointed for holding a Magistrates Court, the person who made the request must, at the time the summons is issued— (a) file a copy of the summons with the clerk of the court; and (b) pay the prescribed fee. 1 Section 57 (Cases in which warrants may be issued) or section 59 (Warrant in the first instance) of the Act 2 Section 78 (Power to issue summons to witness) or section 83 (Production of documents before justices) of the Act

s5 5 s5 Justices Amendment Regulation (No. 2) 2002 No. 224, 2002 ‘ (3) If the summons is issued at a place other than a place appointed for holding a Magistrates Court, the person who made the request must, within 3 days of the summons’s issue— (a) file a copy of the summons with the clerk of the court nearest the place where the summons was issued; and (b) pay the prescribed fee. ‘6B Copy of complaint for issue of warrant to be filed if warrant issued for witness—Act, s 81 ‘ (1) This section applies if a complaint for the issue of a warrant is made requesting that a justice, under section 81 of the Act, 3 issue a warrant to bring a person before justices to testify. ‘ (2) If the warrant is issued at a place appointed for holding a Magistrates Court, the person who made the request must, at the time the warrant is issued— (a) file a copy of the complaint for the issue of the warrant with the clerk of the court; and (b) pay the prescribed fee. ‘ (3) If the warrant is issued at a place other than a place appointed for holding a Magistrates Court, the person who made the request must, within 3 days of the warrant’s issue— (a) file a copy of the complaint for the issue of the warrant with the clerk of the court nearest the place where the warrant was issued; and (b) pay the prescribed fee.’. 5 Insertion of new ss 13–14 After section 12— insert— ‘13 Fees ‘The fees payable to the clerk of the court are in schedule 3. 3 Section 81 (Warrants in the first instance) of the Act

s6 6 s6 Justices Amendment Regulation (No. 2) 2002 No. 224, 2002 ‘14 Filing fee if state-related complainant ‘ (1) Despite section 13, a state-related complainant may file a document with the clerk of the court under any of the following sections of the Act without payment of a fee— • section 54(2); • section 78; • section 81; • section 83. 4 ‘ (2) However, if an order is made against a defendant in relation to the relevant complaint, the court must order the defendant to pay to the clerk of the court the amount of any filing fee that would have been paid if the complainant were not a state-related complainant. ‘ (3) In this section— “state-related complainant” means— (a) the Sovereign; or (b) the State or a person acting for the State; or (c) an entity, or a person acting for the entity, whose expenditure is wholly payable out of amounts from the consolidated fund.’. 6 Insertion of new sch 3 (Fees) After schedule 2— insert— 4 Section 54 (Form of summons and filing of complaint and summons), 78 (Power to issue summons to witness), 81 (Warrant in the first instance) and 83 (Production of documents before justices) of the Act

s7 7 s7 Justices Amendment Regulation (No. 2) 2002 No. 224, 2002 ‘SCHEDULE 3 ‘FEES section 13 $ 1. Filing a complaint and summons under s 54(2) of the Act60.00 2. Filing a copy of a summons to a witness under s 78 or 83 of the Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.50 3. Filing a copy of a complaint for the issue, under s 81 of the Act, of a warrant. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.50 4. Issuing a decision, including a certificate of conviction or order. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8.50 5. Inspection of a record for a matter heard and determined— (a) up to 4 years ago, for each record . . . . . . . . . . . . . . . . 8.50 (b) more than 4 years ago, for each record . . . . . . . . . . . . 16.00 6. Supply of a copy of a record for a matter to which the Recording of Evidence Act 1962 does not apply, for each page . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.60’. PART 3—REPEAL OF JUSTICES (FEES) REGULATION 1992 7 Repeal of Justices (Fees) Regulation 1992 The Justices (Fees) Regulation 1992 is repealed.

8 Justices Amendment Regulation (No. 2) 2002 No. 224, 2002 ENDNOTES 1. Made by the Governor in Council on 29 August 2002. 2. Notified in the gazette on 30 August 2002. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Justice and Attorney-General. © State of Queensland 2002