Commonwealth Consolidated Regulations

FEDERAL MAGISTRATES REGULATIONS 2000 - REG 10

         (1)   A Registrar or an authorised officer may, in accordance with subregulation (3), defer payment of all or part of the following fees:

                (a)    a filing fee, setting-down fee or hearing fee;

               (b)    the fee for the provision of a service mentioned in item 14 of Schedule 1;

                (c)    the reduced fee.

         (2)   Deferral of payment of a fee is subject to any conditions determined by the Registrar or authorised officer.

         (3)   Payment of a fee may be deferred if:

                (a)    in the opinion of the Registrar or authorised officer:

                          (i)    for a filing fee -- the need to file the document is so urgent that it overrides the requirement to pay the filing fee at the time of filing; or

                         (ii)    it would, having regard to the financial circumstances of the person liable to pay the fee, be oppressive or otherwise unreasonable to require payment in accordance with regulation 5; or

               (b)    for a setting-down fee -- the date of the hearing is more than 6 months after the day on which the proceeding is set down for hearing; or

                (c)    the person liable to pay the fee is represented by a practitioner who is acting pro bono.

         (4)   A fee for which payment is deferred must be paid within:

                (a)    30 days after the deferral; or

               (b)    another period determined in writing by the Registrar or authorised officer.

Note    Regulation 13 provides for the review of a decision of a Registrar or an authorised officer.