Statutes Amendment (Court Fees) Act 2017 (SA)

South Australia

Statutes Amendment (Court Fees) Act 2017

An Act to amend the District Court Act 1991; the Magistrates Court Act 1991; the Sheriff's Act 1978; and the Supreme Court Act 1935.

The Parliament of South Australia enacts as follows:

Part 1Preliminary1Short title

This Act may be cited as the Statutes Amendment (Court Fees) Act 2017.

2Commencement

This Act will come into operation on a day to be fixed by proclamation.

3Amendment provisions

In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2Amendment of District Court Act 19914Amendment of section 53 – Court fees

1. (1)

   Section 53(1)—after "Court" insert:

   , or any step in such proceedings

2. (2)

   Section 53—after subsection (1) insert:

   1. (1a)

      Without limiting the generality of subsection (1), the regulations may provide for all or any of the following matters:

      1. (a)

         specific fees;

      2. (b)

         maximum fees;

      3. (c)

         minimum fees;

      4. (d)

         fees that vary according to value, time, class of matter, or on any other basis;

      5. (e)

         fees that differ for different classes of proceedings, different classes of party or different jurisdictions of the Court;

      6. (f)

         the manner of payment of fees;

      7. (g)

         the time or times at which fees are to be paid,

   and it is not necessary for a fee to be related to the actual administrative cost incurred.

   1. (1b)

      The regulations may—

      1. (a)

         be of general or limited application; and

      2. (b)

         make different provision according to the persons, things or circumstances to which they are expressed to apply; and

      3. (c)

         provide in a specified case or class of case for the exemption of any proceeding, person or thing, or a class of proceeding, person or thing, from any of the provisions of the regulations, whether—

         1. (i)

            unconditionally or on specified conditions; and

         2. (ii)

            either wholly or to such an extent as is specified; and

      4. (d)

         provide for the payment in advance of a fee or part of a fee prescribed under the regulations; and

      5. (e)

         provide for the reduction, waiver, postponement, remission or refund, in whole or in part, of a fee prescribed under the regulations; and

      6. (f)

         provide, in specified circumstances, for the reinstatement or payment, in whole or in part, of a fee prescribed under the regulations which was reduced, waived, postponed, remitted or refunded under the regulations; and

      7. (g)

         confer a discretionary authority or impose a duty on the Court, a member of the Court's judiciary or the Registrar of the Court.

Part 3Amendment of Magistrates Court Act 19915Amendment of section 50 – Court fees

1. (1)

   Section 50(1)—after "Court" insert:

   , or any step in such proceedings

2. (2)

   Section 50—after subsection (1) insert:

   1. (1a)

      Without limiting the generality of subsection (1), the regulations may provide for all or any of the following matters:

      1. (a)

         specific fees;

      2. (b)

         maximum fees;

      3. (c)

         minimum fees;

      4. (d)

         fees that vary according to value, time, class of matter, or on any other basis;

      5. (e)

         fees that differ for different classes of proceedings, different classes of party or different jurisdictions of the Court;

      6. (f)

         the manner of payment of fees;

      7. (g)

         the time or times at which fees are to be paid,

   and it is not necessary for a fee to be related to the actual administrative cost incurred.

   1. (1b)

      The regulations may—

      1. (a)

         be of general or limited application; and

      2. (b)

         make different provision according to the persons, things or circumstances to which they are expressed to apply; and

      3. (c)

         provide in a specified case or class of case for the exemption of any proceeding, person or thing, or a class of proceeding, person or thing, from any of the provisions of the regulations, whether—

         1. (i)

            unconditionally or on specified conditions; and

         2. (ii)

            either wholly or to such an extent as is specified; and

      4. (d)

         provide for the payment in advance of a fee or part of a fee prescribed under the regulations; and

      5. (e)

         provide for the reduction, waiver, postponement, remission or refund, in whole or in part, of a fee prescribed under the regulations; and

      6. (f)

         provide, in specified circumstances, for the reinstatement or payment, in whole or in part, of a fee prescribed under the regulations which was reduced, waived, postponed, remitted or refunded under the regulations; and

      7. (g)

         confer a discretionary authority or impose a duty on the Court, a member of the Court's judiciary or a Registrar.

Part 4Amendment of Sheriff's Act 19786Amendment of section 16 – Regulations

Section 16—after subsection (4) insert:

1. (5)

   Regulations made for the purposes of subsection (4)(b) may provide for all or any of the following matters:

   1. (a)

      specific fees;

   2. (b)

      maximum fees;

   3. (c)

      minimum fees;

   4. (d)

      fees that vary according to value, time, class of matter, or on any other basis;

   5. (e)

      fees that differ for different classes of proceedings or different classes of party;

   6. (f)

      the manner of payment of fees and expenses;

   7. (g)

      the time or times at which fees are to be paid,

and it is not necessary for a fee to be related to the actual administrative cost incurred.

Part 5Amendment of Supreme Court Act 19357Amendment of section 130 – Court fees

1. (1)

   Section 130—after subsection (1) insert:

   1. (1a)

      Without limiting the generality of subsection (1), the regulations may provide for all or any of the following matters:

      1. (a)

         specific fees;

      2. (b)

         maximum fees;

      3. (c)

         minimum fees;

      4. (d)

         fees that vary according to value, time, class of matter, or on any other basis;

      5. (e)

         fees that differ for different classes of proceedings, different classes of party or different jurisdictions of the court;

      6. (f)

         the manner of payment of fees;

      7. (g)

         the time or times at which fees are to be paid,

   and it is not necessary for a fee to be related to the actual administrative cost incurred.

   1. (1b)

      The regulations may—

      1. (a)

         be of general or limited application; and

      2. (b)

         make different provision according to the persons, things or circumstances to which they are expressed to apply; and

      3. (c)

         provide in a specified case or class of case for the exemption of any proceeding, person or thing, or a class of proceeding, person or thing, from any of the provisions of the regulations, whether—

         1. (i)

            unconditionally or on specified conditions; and

         2. (ii)

            either wholly or to such an extent as is specified; and

      4. (d)

         provide for the payment in advance of a fee or part of a fee prescribed under the regulations; and

      5. (e)

         provide for the reduction, waiver, postponement, remission or refund, in whole or in part, of a fee prescribed under the regulations; and

      6. (f)

         provide, in specified circumstances, for the reinstatement or payment, in whole or in part, of a fee prescribed under the regulations which was reduced, waived, postponed, remitted or refunded under the regulations; and

      7. (g)

         confer a discretionary authority or impose a duty on the court, a member of the court's judiciary or the registrar.

2. (2)

   Section 130(3)—delete subsection (3)