Magistrates' Court (Fees) Regulations 2012 (Vic)

Version No. 004

Magistrates' Court (Fees) Regulations 2012

S.R. No. 105/2012

Version incorporating amendments as at

1 August 2018

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Revocation

5Definitions

6Exemption from these Regulations

7Exemption from certain fees for a proceeding in the criminal jurisdiction

8Fees

Schedule

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Endnotes

1      General information

2      Table of Amendments

3      Amendments Not in Operation

4      Explanatory details

Version No. 004

Magistrates' Court (Fees) Regulations 2012

S.R. No. 105/2012

Version incorporating amendments as at

1 August 2018

1Objective

The objective of these Regulations is to prescribe the fees payable in the Magistrates' Court of Victoria.

2Authorising provision

These Regulations are made under section 140 of the Magistrates' Court Act 1989.

3Commencement

These Regulations come into operation on 29 September 2012.

4Revocation

The Magistrates' Court (Fees, Costs and Charges) Interim Regulations 2012[1] are revoked.

5Definitions

In these Regulations—

the Act means the Magistrates' Court Act 1989;

the Rulesmeans the Magistrates' Court General Civil Procedure Rules 2010[2].

6Exemption from these Regulations

These Regulations do not apply to—

(a)proceedings under the Family Violence Protection Act 2008;

(b)proceedings under the Maintenance Act 1965;

(c)proceedings under the Personal Safety Intervention Orders Act 2010;

(d)a judgment debtor filing for an application for an instalment order, or an instalment agreement or an application for variation or cancellation of an instalment order under section 6, 7 or 8 of the Judgment Debt Recovery Act1984.

7Exemption from certain fees for a proceeding in the criminal jurisdiction

The following persons or class of persons are exempt from paying the fees set out in Part 1 and items 3.1, 3.2, 3.3, 3.4 and 3.5 of the Schedule in respect of proceedings in the criminal jurisdiction—

(a)a member of the police force acting in the course of his or her duty;

(b)a person acting for or by authority of the Crown;

(c)a person acting for or by authority of a municipal council where the proceeding relates to public health;

(d)a POCTA inspector within the meaning of the Prevention of Cruelty to Animals Act 1986 acting in the course of his or her duty;

(e)a person authorised under section 24ZW of the Prevention of Cruelty toAnimals Act 1986 to file a charge for an offence referred to in that section;

(f)a person represented or funded by Victoria Legal Aid or the Victorian Aboriginal Legal Service;

(g)a person acting for or by authority of the Secretary;

(h)the Business Licensing Authority established under Part 2 of the Business Licensing Authority Act 1998.

Note

Fees in respect of proceedings in the criminal jurisdiction refers to fees in relation to extracts or other documents or material originating in the criminal jurisdiction regardless of their intended use.

8Fees

The fees payable for proceedings in the Magistrates' Court are the fees set out in the Schedule.

Schedule

Scale of fees

Part 1—Fees payable in criminal jurisdiction

COMMENCEMENT OF PROCEEDINGS
1.1	For the filing of a charge sheet to answer to a single charge	5·7 fee units
1.2	For the filing of a charge sheet to answer to multiple charges	8·6 fee units
1.3	For the lodging of the prescribed information under section 40(1)(a) of the Infringements Act 2006 to have a single infringement offence heard and determined in the Court	5·7 fee units
1.4	For the lodging of the prescribed information under section 40(1)(a) of the Infringements Act 2006 to have multiple infringement offences heard and determined in the Court	8·6 fee units
APPLICATIONS UNDER THE ROAD SAFETY ACT 1986
1.5	Filing an application under section 31B(1) of the Road Safety Act 1986 for a licence eligibility order under section 31H	7·7 fee units
1.6	Filing an application under section 31B(1) of the Road Safety Act 1986 for an order under section 31D(2) reducing the period referred to in section 31D(3) in which an assessment report must be obtained from an accredited agency	5·9 fee units

Part 2—Fees payable in civil jurisdiction

COMMENCEMENT OF CIVIL PROCEEDINGS
2.1	For filing every complaint, counterclaim or third party notice where the amount claimed is for monetary relief that does not exceed $1000 or where the claim is one other than for monetary relief	10·2 fee units
2.2	For filing every complaint, counterclaim or third party notice where the amount claimed exceeds $1000 but does not exceed $10 000	21·3 fee units
2.3	For filing every complaint, counterclaim or third party notice where the amount claimed exceeds $10 000 but does not exceed $40 000	32·4 fee units
2.4	For filing every complaint, counterclaim or third party notice where the amount claimed exceeds $40 000	48·6 fee units
ORDER
2.5	Request for order	3 fee units
APPLICATIONS AND ENFORCEMENT PROCESS
2.6	For filing an interlocutory application	10·6 fee units
2.7	For every application by a judgment creditor under section 6 or 8 of the Judgment Debt Recovery Act 1984 or filing by a judgment creditor of an instalment agreement under section 7 of that Act	5·6 fee units
2.8	For filing an application for an attachment of earnings order under Order 72 of the Rules	10 fee units
2.9	For filing an application for registration of an interstate judgment	4·8 fee units
ORAL EXAMINATION
2.10	For filing a summons for oral examination including examination of the judgment debtor under Order 67 of the Rules	7 fee units
MEDIATION
2.11	For every mediation session conducted by a Registrar under Order 50 of the Rules	18·1 fee units
2.12	For every mediation session conducted by a Judicial Registrar	31·4 fee units
HEARING FEES
2.13	For hearing at trial or arbitration after the first day—for every day or part of a day Note: For the purpose of this item any hearing at trial or arbitration of less than 2 hours on the first day does not count as the first day.	41·7 fee units
ISSUE OF WARRANTS TO ENFORCE ORDERS
2.14	For each warrant issued	1·2 fee units

Part 3—Fees payable generally in the court

ISSUE OF ORDERS AND CERTIFICATES AND FILING OF SUMMONS TO WITNESS AND SUBPOENA
3.1	For each order or certificate issued or supplied	1·4 fee units
3.2	For each summons to witness or subpoena to witness issued	3·4 fee units
PREPARATION OF DOCUMENTS BY A REGISTRAR
3.3	For preparation by a registrar of a summons, warrant, certificate or other document	1·9 fee units
SEARCHING, RETRIEVING AND PHOTOCOPYING FEES
3.4	For searching a database, inspecting a register, retrieving a document or accessing any material filed, lodged or produced to or held by the court, for each request	1·71 fee units
3.5	If the search, inspection, retrieval or accessing referred to in item 3.4 involves the retrieval of files held offsite an additional fee of 1 fee unit per file
3.6	For photocopying or printing any document	60c per page

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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 Magistrates' Court (Fees) Regulations 2012, S.R. No. 105/2012 were made on 26 September 2012 by the Lieutenant-Governor as the Governor's Deputy with the advice of the Executive Council under section 140 of the Magistrates' Court Act 1989, No. 51/1989 and came into operation on 29 September 2012: regulation 3.

The Magistrates' Court (Fees) Regulations 2012 will sunset 10 years after the day of making on 26 September 2022 (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

This publication incorporates amendments made to the Magistrates' Court (Fees) Regulations 2012 by statutory rules, subordinate instruments and Acts.

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Magistrates' Court (Fees) Amendment Regulations 2012, S.R. No. 123/2012

Date of Making:	30.10.12
Date of Commencement:	30.10.12

Magistrates' Court (Fees) Amendment Regulations 2013, S.R. No. 121/2013

Date of Making:	1.10.13
Date of Commencement:	1.10.13: reg. 3

Magistrates' Court (Fees) Amendment Regulations 2018, S.R. No. 110/2018

Date of Making:	31.7.18
Date of Commencement:	1.8.18: reg. 3

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3   Amendments Not in Operation

There are no amendments which were Not in Operation at the date of this publication.

4   Explanatory details

[1] Reg. 4: S.R. No. 59/2012.

[2] Reg. 5: definition of the Rules: S.R. No. 140/2010 as amended by S.R. Nos 152/2010, 36/2011, 149/2011, 2/2012 and 28/2012.

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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 2018 is $14.45.  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.