Magistrates Court (Fees) Amendment Regulations 2006 (WA)

2178 GOVERNMENT GAZETTE, WA 23 June 2006

JU302*

Magistrates Court Act 2004

Magistrates Court (Fees) Amendment

Regulations 2006

Made by the Governor in Executive Council.

1.            Citation

These regulations are the Magistrates Court (Fees) Amendment
Regulations 2006.

2.             Commencement

These regulations come into operation on 1 July 2006.

3.           The regulations amended

The amendments in these regulations are to the Magistrates
Court (Fees) Regulations 2005*.

[* Published in Gazette 28 April 2005, p. 1573-603.1

4.             Regulation 3 amended

Regulation 3 is amended by inserting in the appropriate alphabetical position -

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"enforcement officer" has the meaning given to that

term in the Civil Judgments Enforcement Act 2004

section 3;

5.            Schedule I amended

(1) Schedule 1 Division 1 is amended in each item listed in

column 1 of the Table to this subregulation by deleting the
figure set Out in column 2, and inserting instead the figure set

Out in column 3 Opposite that item.

Table

Column 1	Column 2	Column 3
Item	Delete	Insert instead
2	37.50	39.50
3(a)	0.95	1.00
3(b)	1.05	1.10
4 (both places)	22.00	23.00
4 and 6(b)	55.00	57.00

23 June 2006 GOVERNMENT GAZETTE, WA 2179

Column 1	Column 2	Column 3
Item	Delete	Insert instead
5(b)	31 500.00	33 075.00
6(a)	33.00	34.00
8(b)	10.50	11.00

(2) Schedule 1 Division 1 is amended as follows:

(a)	in item 3 by deleting "Bailiff's Office" and inserting instead -
" enforcement officer's office
(b)	in the note to item 3 by deleting "a bailiff" and inserting instead -

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an enforcement officer

(c)	in item 8 note 1 by deleting "$15.00" and inserting instead -
" $16.00 ".

(3) Schedule 1 Division 2 is amended in each item listed in

column 1 of the Table to this subregulation by deleting the
figure set Out in column 2, and inserting instead the figure set

out in column 3 Opposite that item.

Table

Column 1	Column 2	Column 3
Item	Delete	Insert instead
1	63.00	66.00
1	95.00	100.00
1	161.00	169.00
1	242.00	254.00
1	257.00	270.00
1	386.00	405.00
2	41.00	43.00

2	62.00	64.50
2	74.00	78.50
2	97.00	102.00
2	119.00	125.00
2	154.00	161.50
3	21.00	22.00
3	42.00	44.00
3	32.00	33.50
3	64.00	67.00
3	43.00	45.00
3	86.00	90.00
4	100.00	105.00
4	150.00	157.50
4	181.00	190.00
4	271.00	285.00
4	202.00	212.00

2180 GOVERNMENT GAZETTE, WA 23 June 2006

Column 1	Column 2	Column 3
Item	Delete	Insert instead

4 302.00 318.00

5 and 6	58.00	61.00
5 and 6	116.00	122.00
5 and 6	101.00	106.00
5 and 6	202.00	212.00
S and 6	145.00	152.00
5 and 6	290.00	304.00
7 and 8(a)	53.00	55.50
7 and 8(a)	79.00	83.00
7 and 8(a)	64.00	67.00
7 and 8(a)	96.00	100.50
7 and 8(a)	86.00	90.50
7 and 8(a)	129.00	136.00

10	161.00	169.00
11	63.00	66.00

(4) After Schedule 1 Division 2 item 8 note 2 the following note is

inserted -

NOTE 3 following percentage of the fee paid is to be refunded -

(a)	if the appointment is cancelled less than 3 days before the day of the appointment, nil;
(b)	if the appointment is cancelled 3 days or more and less than 10 days before the day of the appointment, 50%;
(c)	if the appointment is cancelled 10 or more days before the day of the appointment, 80%.

(5) Schedule 1 Division 2 item 9 and notes 1 and 2 after it are
deleted and the following is inserted instead -

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9.

On the execution of an arrest warrant of any
kind -

(a) for arresting the person ................... 72.50

(b)	for conveying the person to a court or a custodial place and releasing the person from arrest or custody .....................72.50
(c)	for each 30 minutes after 2 hours and 30 minutes that an enforcement officer is required to keep the person in custody until he or she is conveyed to a court or a custodial place .................19.25

NOTE 1

The fee under paragraph (a) is payable whether or not the Sheriff's functions under the warrant are performed and includes up to 3 attempts to perform the functions at the same address.

23 June 2006 GOVERNMENT GAZETTE, WA 2181

NOTE 2

The fee under paragraph (a) includes —

(a)	receipt of the warrant; and
(b)	attendances and inquiries before attempting arrest; and
(c)	giving any notice; and
(d)	making any report.

(6) Schedule 1 Division 3 is amended in each item listed in
column 1 of the Table to this subregulation by deleting the
figure set out in column 2, and inserting instead the figure set
out in column 3 opposite that item.

Table

Column 1	Column 2	Column 3
Item	Delete	Insert instead
1 and 3(a)	53.00	55.50
2	10.00	10.50