Magistrates Court (Fees) Amendment Regulations 2021 (WA)

2 July 2021 GOVERNMENT GAZETTE, WA 2941

JUSTICE

JU3O1

Magistrates Court Act 2004

Magistrates Court (Fees) Amendment

Regulations 2021

SL 2021/119

Made by the Governor in Executive Council.

1.           Citation

These regulations are the Magistrates Court (Fees) Amendment
Regulations 2021.

2.           Commencement

These regulations come into operation as follows -

(a)	regulations 1 and 2— on the day on which these regulations are published in the Gazette;
(b)	the rest of the regulations - on the day after that day.

3.            Regulations amended

These regulations amend the Magistrates Court (Fees) Regulations 2005.
4.	Regulation 3 amended In regulation 3 insert in alphabetical order:

order; or

legal practitioner means an Australian legal
practitioner as defined in the Legal Profession
Act 2008 section 3;

5.            Regulation 5 amended

In regulation 5(1):

(a) in paragraph (b) delete "order." and insert:

2942 GOVERNMENT GAZETTE, WA 2 July 2021

(b)	after paragraph (b) insert:
(c) an application under the Mandatory Testing

(Infectious Diseases) Act 2014 for a disease test

order or to vary or revoke a disease test order.

6.             Regulation 6 amended

In regulation 6(4)(a) delete "counsel or solicitor; and" and

insert:

legal practitioner; and

7.             Regulation 6A inserted

After regulation 6 insert:

6A. Certain transcript fees must be waived

(1)	In this regulation —
interim order means a family violence restraining
order or a violence restraining order made under the
Restraining Orders Act 1997 section 29(1)(a) the
duration of which is more than 72 hours.
(2)	A registrar must waive the fee under Schedule 1 Division 1 item 8(a) for the provision of a transcript, or a part of a transcript, if —

(a) the transcript, or the part of the transcript, is of a hearing at which an interim order was made; and

(b) the interim order —

is still in force under the Restraining

(i)

Orders Act 1997; or

(ii)    has become a final order under the

Restraining Orders Act 1997

section 32(2);

and

(c)	the person bound by the interim or final order (the interim order respondent) requests the provision of the transcript, or the part of the transcript, either personally or by legal practitioner; and
(d)	the interim order respondent has not previously obtained the transcript, or the part of the transcript, under this subregulation.

V. MOLAN, Clerk of the Executive Council.