Commonwealth Consolidated Regulations

FEDERAL MAGISTRATES REGULATIONS 2000 - REG 8D

         (1)   This regulation applies to a person if:

                (a)    the person has been granted legal aid (under a legal aid scheme or service established under Commonwealth, State or Territory law, or approved by the Attorney-General) for the proceeding; or

               (b)    the person is:

                          (i)    the holder of any of the following cards issued by the Department of Families, Housing, Community Services and Indigenous Affairs:

                                   (A)     a health care card;

                                   (B)     a pensioner concession card;

                                   (C)     a Commonwealth seniors health card; or

                         (ii)    the holder of any other card issued by the Department of Families, Housing, Community Services and Indigenous Affairs, or the Department of Veterans' Affairs, that certifies the holder's entitlement to Commonwealth health concessions; or

                        (iii)    serving a sentence of imprisonment, or otherwise lawfully detained in a public institution; or

                        (iv)    aged less than 18 years; or

                         (v)    receiving youth allowance or Austudy payment, within the meaning of the Social Security Act 1991 ; or

                        (vi)    receiving benefit under ABSTUDY, within the meaning of the Social Security Act 1991 .

         (2)   In paragraph (1) (c), holder , of a card, does not include a dependant of the holder.

         (3)   The reduced fee is payable, instead of a full fee, on the first occasion the full fee would otherwise be payable by the person in a proceeding.

         (4)   However, if the full fee for the proceeding mentioned in subregulation (3) is less than the reduced fee, the full fee is payable by the person.

         (5)   If a fee mentioned in subregulation (3) or (4) is paid by the person in a proceeding, or if a fee is waived under subregulation (6), no other fees mentioned in Schedule 1 are payable by the person in connection with the proceeding.

         (6)   A Registrar or an authorised officer may waive payment of a fee, payable by a person in a proceeding related to a proceeding mentioned in subregulation (3), if the Registrar or authorised officer considers that the proceedings are closely connected and that the waiver of the fee is appropriate.

Note    If the Registrar or authorised officer decides not to waive the fee in the related proceeding, the fee is payable by the person in accordance with subregulations (3), (4) and (5).

         (7)   In considering whether to waive payment of a fee in the related proceeding, a Registrar or authorised officer must take into account the following factors:

                (a)    whether the dispute is between the same parties;

               (b)    whether the dispute arises from the same circumstances;

                (c)    the length of time since the first proceeding was commenced;

               (d)    whether the manner in which the proceedings have been brought is an efficient use of the court's resources;

                (e)    whether the litigation would be in the public interest;

                (f)    the capacity of the person to pay the fee.

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