EXPLANATORY STATEMENT
FEDERAL COURT OF AUSTRALIA ACT 1976
FEDERAL COURT OF AUSTRALIA REGULATIONS (AMENDMENT)
1987 NO. 22
Sub-section 60(1) of the Federal Court of Australia Act 1976 (the Act) provides that the Governor-General may make regulations prescribing the fees to be paid in respect of proceedings in the Federal Court of Australia (the Court) or the service or execution of the process of the Court by officers of the Court.
The Federal Court of Australia Regulations made under the authority of sub-section 60(1) of the Act provide for the fees prescribed in the Schedule to those regulations to be paid in respect of proceedings in the Court, or the service or execution of the process of the Court by officers of the Court. Sub-regulation 2(2) provides that a fee is not payable upon the filing of a document relating to certain classes of proceedings, including an appeal to the Court from a decision of the Administrative Appeals Tribunal (the Tribunal).
The purpose of these regulations it to require the payment of a fee of $300 upon the filing with the Court of a document relating to an appeal to the Court from a decision of the Tribunal. The regulations implement the decision of the Government to require payment of a filing fee of $300 for appeals from the Tribunal to the Court, which was announced by the Treasurer in the 1986-87 budget.
Details of the proposed regulations are as follows:
Proposed regulation 1 provides that the regulations shall come into operation on 1 March 1987.
Proposed regulation 2 repeals paragraph 2(2)(d) of the Federal Court of Australia Regulations which provides that no fee is payable on filing a document relating to an appeal to the Court from the Tribunal.
Proposed regulation 3 amends the Schedule to the Regulations by inserting a new item 3A, which prescribes a fee of $300 for filing a notice of appeal instituting an appeal from a decision of the Tribunal.
Authorized by the Attorney-General