Untitled document

Magistrates' Court (Fees, Costs and Charges) Amendment Regulations 2009

S.R. No. 157/2009

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Principal Regulations

5Exemption from these Regulations

6Fees, costs and charges

7Statute law revision

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ENDNOTES

STATUTORY RULES 2009

S.R. No. 157/2009

Magistrates' Court Act 1989

Magistrates' Court (Fees, Costs and Charges) Amendment Regulations 2009

The Governor in Council makes the following Regulations:

Dated: 8 December 2009

Responsible Minister:

ROB HULLS
Attorney-General

TOBY HALLIGAN

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Magistrates' Court (Fees, Costs and Charges) Regulations 2001 to achieve consistency with the Criminal Procedure Act 2009, to refer to the Family Violence Protection Act 2008 and Stalking Intervention Orders Act 2008 and to provide that the persons acting for the Royal Society for the Prevention of Cruelty to Animals are exempted from those Regulations.

2Authorising provision

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

3Commencement

These Regulations come into operation on 1 January 2010.

4Principal Regulations

In these Regulations, the Magistrates' Court (Fees, Costs and Charges) Regulations 2001[1] are called the Principal Regulations.

5Exemption from these Regulations

(1)After regulation 6(d) of the Principal Regulations insert—

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

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

(2)For regulation 6(f) of the Principal Regulations substitute—

"(f)proceedings under the Family Violence Protection Act 2008;

(fa)proceedings under the Stalking Intervention Orders Act 2008;".

6Fees, costs and charges

In item 1 in the Table to Regulation 7 of the Principal Regulations—

(a)in paragraph (a), for "summons on" substitute "summons to answer to";

(b)in paragraph (b), for "summons with" substitute "summons to answer to".

7Statute law revision

In regulation 5 of the Principal Regulations, for the definition of the Rules substitute—

"the Rules means the Magistrates' Court Civil Procedure Rules 2009.".

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ENDNOTES

[1] Reg. 4: S.R. No. 68/2001.  Reprint No. 1 as at 1 July 2006.  Reprinted to S.R. No. 76/2006 and subsequently amended by S.R. No. 5/2008.