Justices (Restraining Orders) Amendment and Repeal Regulations 1997 (WA)

5156	GOVERNMENT GAZETTE, WA	[12 September 1997
JUSTICE
JM301

JUSTICES ACT 1902

JUSTICES (RESTRAINING ORDERS) AMENDMENT AND REPEAL REGULATIONS 1997

Made by the Governor in Executive Council.

Citation

1.     These regulations may be cited as the Justices (Restraining Orders)

Amendment and Repeal Regulations 1997.

Commencement

2.     These regulations come into operation on the day on which the

(b)	by deleting "On" and substituting the following —
" Subject to subregulation (2), on "; and

Restraining Orders Act 1997 comes into operation.

Principal Regulations

3.      In these regulations the Justices Act (Courts of Petty Sessions Fees)

Regulations* are referred to as the principal regulations.

[* Reprinted as at 28 September 1982.

For amendments to 29 August 1997 see 1996 Index to Legislation of Western Australia, Table 4, pp. 158-59, and Gazette 7 March 1997.]

Regulation 2 amended

4.      Regulation 2 of the principal regulations is amended —

after the regulation designation "2." by inserting the

(a) subregulation designation "(1)";

12 September 19971 GOVERNMENT GAZETTE, WA 5157

(c) by adding the following subregilation -

''

(2) No fee shall be taken on the lodgement under the

Restraining Orders Act 1997 of -

(a) an application for a violence restraining order;

or

(b) an application to vary or cancel a restraining

order made by a person referred to in section 45

(1) (a) to (d) of that Act.

Regulation 3 amended

5.      (1) Regulation 3 (1) of the principal regulations is amended

(a) in paragraph (c) -

(i)      by inserting after "complainant" the following -

ic or applicant "; and

(ii)     by inserting after "complaint" the following -

cc or application ";

and

(b) by inserting after "recovery from the defendant" the following -

''

or the making of a restraining order and recovery from the

respondent

(2) Regulation 3 (2a) of the principal regulations is amended -

(a) by inserting after "defendant" in each place where it occurs the

following -

ic or respondent
(b)	by inserting after "complaint" in the first, third and fourth places

where it occurs the following -

or application "; and

(c) in paragraph (b) by inserting after "in relation to" the

following -

94

the application or ".

following subregulation is substituted -	(3) Regulation 3 (3) of the principal regulations is repealed and the
a

(3) In the case of a disadvantaged person the Clerk of Petty

Sessions -

shall waive any fees payable in relation to a matter under

(a) the Restraining Orders Act 1997; and

may waive, reduce, defer or refund any fees payable or paid

(b) in relation to any other matter.

First Schedule amended

6.      Item 1 in the First Schedule to the principal regulations is amended by

inserting after "complaint" the following -
ii or application ".

5158 GOVERNMENT GAZETTE, WA (12 September 1997

Justices (Interstate Restraint Orders) Regulations 1995 repealed

7. The Justices (Interstate Restraint Orders) Regulations 1995 are repealed.

By Command of the Governor,

M. C. WAUCHOPE, Clerk of the Executive Council.