Magistrates Court (Fees) Variation Regulations 2016 (SA)

South Australia

Magistrates Court (Fees) Variation Regulations 2016

under the Magistrates Court Act 1991

Contents

Part 1—Preliminary

1            Short title
2            Commencement
3            Variation provisions

Part 2—Variation of Magistrates Court (Fees) Regulations 2004 to take effect on 1 July 2016

4 Substitution of Schedules 1 to 3
Schedule 1—Fees in Civil (General Claims) Division and Civil (Minor Claims) Division
Schedule 2—Fees in Criminal Division
Schedule 3—Fees in Petty Sessions Division

Part 3—Variation of Magistrates Court (Fees) Regulations 2004 to take effect on 1 September 2016

5 Variation of Schedule 1—Fees in Civil (General Claims) Division and Civil (Minor Claims) Division
6 Variation of Schedule 2—Fees in Criminal Division

Part 1—Preliminary

1—Short title
These regulations may be cited as the Magistrates Court (Fees) Variation Regulations 2016.
2—Commencement

Subject to subregulation (2), these regulations will come into operation on 1 July 2016.

(2)Part 3 of these regulations will come into operation on 1 September 2016.
3—Variation provisions
In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.

Part 2—Variation of Magistrates Court (Fees) Regulations 2004 to take effect on 1 July 2016

4—Substitution of Schedules 1 to 3
Schedules 1, 2 and 3—delete the Schedules and substitute:
Schedule 1—Fees in Civil (General Claims) Division and Civil (Minor Claims) Division

1

For issuing a Final Notice of Claim under the rules

$20.60

2

On commencement of minor civil action

$140.00

3

On lodging a counterclaim or a third party notice in a minor civil action

$140.00

4

On commencement of any other action under the Magistrates Court Act 1991—

    (a)    in the case of a prescribed corporation

$515.00

    (b)    in any other case

$304.00

5

On lodging a counterclaim or a third party notice in any other action under the Magistrates Court Act 1991—

    (a)    in the case of a prescribed corporation

$515.00

    (b)    in any other case

$304.00

6

For issuing and administering an investigation or examination summons under the Magistrates Court Act 1991

$53.50

7

On commencement of action under any other Act or issuing a summons on such action

$140.00

8

On lodging a counterclaim or a third party notice in any action under any other Act

$140.00

9

For publishing an advertisement

actual costs reasonably incurred

10

For each request to search and inspect a record of the Court

$23.10

11

For copy of evidence—per page

$7.75

12

For copy of reasons for judgment—per page

Note—

1 copy will be supplied to a party to the proceedings free of charge.

$7.75

13

For copy of any other document—per page

$4.70

14

For production of transcript at request of a party where the Court does not require the transcript—per page

$15.70

15

Adjudication of costs: on lodging a bill of costs (other than in a minor civil action)

$72.50

16

For opening Registry (or Registry remaining open) after hours for urgent execution of process—for each hour or part of an hour

$372.00

17

For opening Court (or Court remaining open) after hours for urgent hearing—for each hour or part of an hour

$1 119.00

Schedule 2—Fees in Criminal Division

1

On commencement of proceedings for summary applications, summary offences, minor indictable offences or indictable offences

$260.00 plus if the complaint or information alleges more than 1 offence—$47.50

2

For issuing a warrant of commitment

$51.50

3

For copy of evidence—per page

$7.75

4

For copy of reasons for judgment—per page

(1 copy will be supplied to a party to the proceedings free of charge.)

$7.75

5

For copy of any other document—per page

$4.70

6

For production of transcript at request of a party where the Court does not require the transcript—per page

$15.70

7

For each request to search and inspect a record of the Court

$23.10

Schedule 3—Fees in Petty Sessions Division

1

On lodging an appeal against an enforcement determination under section 14 of the Expiation of Offences Act 1996

$53.50

Part 3—Variation of Magistrates Court (Fees) Regulations 2004 to take effect on 1 September 2016

5—Variation of Schedule 1—Fees in Civil (General Claims) Division and Civil (Minor Claims) Division
Schedule 1, table, item 11—delete the entry relating to item 11 and substitute:

11

For copy of evidence—

(a) per page in electronic form

$7.75

(b) per page in hard‑copy form

$10.00

6—Variation of Schedule 2—Fees in Criminal Division
Schedule 2, table, item 3—delete the entry relating to item 3 and substitute:

3

For copy of evidence—

(a) per page in electronic form

$7.75

(b) per page in hard‑copy form

$10.00

Note—
As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.

Made by the Governor

with the advice and consent of the Executive Council

on 23 June 2016

No 151 of 2016

T&F16/026CS

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Citations

Magistrates Court (Fees) Variation Regulations 2016 (SA)

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1	For issuing a Final Notice of Claim under the rules	$20.60
2	On commencement of minor civil action	$140.00
3	On lodging a counterclaim or a third party notice in a minor civil action	$140.00
4	On commencement of any other action under the Magistrates Court Act 1991—
(a) in the case of a prescribed corporation	$515.00
(b) in any other case	$304.00
5	On lodging a counterclaim or a third party notice in any other action under the Magistrates Court Act 1991—
(a) in the case of a prescribed corporation	$515.00
(b) in any other case	$304.00
6	For issuing and administering an investigation or examination summons under the Magistrates Court Act 1991	$53.50
7	On commencement of action under any other Act or issuing a summons on such action	$140.00
8	On lodging a counterclaim or a third party notice in any action under any other Act	$140.00
9	For publishing an advertisement	actual costs reasonably incurred
10	For each request to search and inspect a record of the Court	$23.10
11	For copy of evidence—per page	$7.75
12	For copy of reasons for judgment—per page Note— 1 copy will be supplied to a party to the proceedings free of charge.	$7.75
13	For copy of any other document—per page	$4.70
14	For production of transcript at request of a party where the Court does not require the transcript—per page	$15.70
15	Adjudication of costs: on lodging a bill of costs (other than in a minor civil action)	$72.50
16	For opening Registry (or Registry remaining open) after hours for urgent execution of process—for each hour or part of an hour	$372.00
17	For opening Court (or Court remaining open) after hours for urgent hearing—for each hour or part of an hour	$1 119.00

1	On commencement of proceedings for summary applications, summary offences, minor indictable offences or indictable offences	$260.00 plus if the complaint or information alleges more than 1 offence—$47.50
2	For issuing a warrant of commitment	$51.50
3	For copy of evidence—per page	$7.75
4	For copy of reasons for judgment—per page (1 copy will be supplied to a party to the proceedings free of charge.)	$7.75
5	For copy of any other document—per page	$4.70
6	For production of transcript at request of a party where the Court does not require the transcript—per page	$15.70
7	For each request to search and inspect a record of the Court	$23.10

11	For copy of evidence—
(a) per page in electronic form	$7.75
(b) per page in hard‑copy form	$10.00