Supreme Court (Fees) Amendment Regulations 2020 (Vic)

Supreme Court (Fees) Amendment Regulations 2020

S.R. No. 53/2020

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Principal Regulations

5Definitions

6Waiver of fees

7New regulation 14A inserted

8Part 4 of Schedule 1—Fees payable in the Office of the Registrar of Probates

9Part 6 of Schedule 1—Fees applicable to all offices of the Court and miscellaneous fees

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Endnotes

STATUTORY RULES 2020

S.R. No. 53/2020

Supreme Court Act 1986

Supreme Court (Fees) Amendment Regulations 2020

The Governor in Council makes the following Regulations:

Dated: 23 June 2020

Responsible Minister:

JILL HENNESSY
Attorney-General

CLAIRE CHISHOLM

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Supreme Court (Fees) Regulations 2018 to remove certain fees that are payable in respect of the Supreme Court.

2Authorising provision

These Regulations are made under section 129 of the Supreme Court Act 1986.

3Commencement

These Regulations come into operation on 1 July 2020.

4Principal Regulations

In these Regulations, the Supreme Court (Fees) Regulations 2018[1] are called the Principal Regulations.

5Definitions

In regulation 5 of the Principal Regulations insert the following definition—

"news media organisation has the same meaning as in section 3 of the Open Courts Act 2013;".

6Waiver of fees

In regulation 14(2) of the Principal Regulations, for "Any" substitute "Subject to regulation 14A, any".

7New regulation 14A inserted

After regulation 14 of the Principal Regulations insert—

"14A   Exemption from fees in items 6.3 and 6.4 of Schedule 1

No fee is payable under item 6.3 or 6.4 of Schedule 1 if the person or entity liable to pay the fee is a news media organisation or a representative of a news media organisation and the request to search, inspect, retrieve or access is undertaken for the purposes of reporting the news.".

8Part 4 of Schedule 1—Fees payable in the Office of the Registrar of Probates

(1)For item 4.4 in Schedule 1 to the Principal Regulations substitute—

"4.4 On filing a notice of appointment of the Incorporated Nominal Defendant as Administrator ad litem under section 158 of the Transport Accident Act 1986





1·8 fee units





1·8 fee units





1·8 fee units".

(2)Item 4.9 in Schedule 1 to the Principal Regulations is revoked.

9Part 6 of Schedule 1—Fees applicable to all offices of the Court and miscellaneous fees

In column 2 of item 6.3 in Schedule 1 to the Principal Regulations, after "Court" insert "(excluding the Application and Wills Indices, the Probate Online Advertising System and access to electronic copies of grants of probate and administration via RedCrest Probate)".

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Endnotes

[1] Reg. 4: S.R. No. 135/2018.

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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 2019 is $14.81. 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.