Magistrates Court Rules (Amendment) (ACT)

AUSTRALIAN CAPITAL TERRITORY

Regulations    1987    No. 1¹

Magistrates Court Rules² (Amendment)

I, LIONEL FROST BOWEN, the Attorney-General of the Commonwealth of Australia, in pursuance of section 8 of the Interpretation Ordinance 1967, hereby make the following Rules under the Magistrates Court Ordinance 1930.

Dated 13 March 1987.

LIONEL BOWEN

Attorney-General

Court fees

1. Rule 68 of the Magistrates Court Rules is amended:

(a)by omitting from subrule (2) all the words after “fee” and substituting:

“is an amount equal to the aggregate of an amount calculated at the rate of $2.00 for each day or part day of the hearing in respect of which the copy or transcript is required and an amount calculated at the rate of $0.05 for each page included in the record or transcript”; and

(b)by adding at the end the following subrules:

“(3)  A person who is:

(a)an accused person in proceedings in the Court under Part VI of the Ordinance;

(b)a defendant in proceedings in the Court for an offence against a law in force in the Territory;

(c)a party to proceedings in the Court under the Family Law Act 1975; or

(d)a relative of a deceased person whose death is the subject of an inquest under the Coroners Ordinance 1956;

is entitled, without the payment of any fee, to one copy of the record or a transcript or a copy of the transcript of the record of the proceedings.

“(4)  The Commonwealth or a prescribed authority is entitled, without the payment of any fee, to one copy of the record or a transcript or a copy of the transcript of the record of any proceedings in the Court.

“(5)  In this rule:

‘prescribed authority’ means a body corporate, or an unincorporated body, established for a public purpose by or under an Act or Ordinance, not being a body that is listed in Appendix A to section 29 of the Finance Directions dated 1 March 1982 issued pursuant to regulation 127A of the Finance Regulations made under the Audit Act 1901, being those Directions as in force at the date of commencement of this subrule; and

‘relative’, in relation to a deceased person, means a spouse, parent, child, brother, sister or next of kin.”.

Application

2.  The amendments effected by rule 1 apply only in relation to a copy of the record or a transcript or a copy of the transcript of the record for which an application was made on or after the date of commencement of these Rules.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 24 March 1987.

2. For references to the original Rules and amendments made before 1960 see footnote on p. 228 of Vol. III of “Laws of the Australian Capital Territory 1911-1959”.  For later amendments see Regulations 1960 No. 7; 1965 No. 9; 1967 No. 2; 1968 No. 9; 1969 No. 4; 1970 No. 7; 1977 No. 7; 1979 No. 26; 1980 No. 5; and Ordinances No. 67, 1985 and No. 74, 1986.