South Australia

   Criminal Law Consolidation (Witness Payment) Regulations 2004

   under the Criminal Law Consolidation Act 1935

   Contents
   1 Short title
   2 Commencement
   3 Interpretation
   4 Prosecution witness fees
   5 Defence witness fees

   Schedule 1--Revocation of Criminal Law (Witness Payments)
   Regulations 1989

   Legislative history

   1--Short title

   These regulations may be cited as the Criminal Law Consolidation
   (Witness Payment) Regulations 2004.

   2--Commencement

   These regulations will come into operation on 1 September 2004.

   3--Interpretation

   In these regulations--

   Act means the Criminal Law Consolidation Act 1935;

   witness includes a witness who attended court but was not called to
   give evidence.

   4--Prosecution witness fees

   (1) Pursuant to section 297 of the Act, the Sheriff may authorise a
   witness for the prosecution in respect of proceedings under the Act to
   be paid any or all of the following amounts:

   (a) the actual amount lost, or the expenses necessarily incurred, by
   the witness by reason of the absence of the witness from home or
   business for the purpose of attending court, or $100 per day, whichever
   is the lesser;

   (b) an allowance for the travelling expenses of the witness, calculated
   on the basis of travel by public transport to and from court or, if the
   use of public transport by the witness is not reasonably practicable,
   $0.20 per kilometre necessarily travelled to and from court;

   (c) if the witness is necessarily absent from home overnight--the
   accommodation and meal expenses reasonably incurred by the witness;

   (d) if the witness is necessarily accompanied by another person--an
   amount equal to that which would be paid under this regulation in
   respect of that other person if he or she were a witness for the
   prosecution.

   (2) If, on the basis of information provided by the witness, the
   Sheriff is satisfied--

   (a) that the amount lost, or the expenses incurred, by the witness
   exceed the amount determined under subregulation (1)(a); or

   (b) that the travelling expenses incurred by the witness exceed the
   amount determined under subregulation (1)(b),

   the amount to be paid to the witness may include such further amount as
   the Sheriff thinks fair and reasonable in the circumstances.

   (3) A claim for witness fees or expenses must be verified by a
   declaration in writing signed by the witness.

   (4) No amount is to be paid in respect of a witness who is an officer
   or employee of the State or Commonwealth (including a police officer
   but excluding an officer or employee who is on leave during the period
   of attendance at court).

   5--Defence witness fees

   Pursuant to section 297 of the Act, a court may, at the request of a
   witness for the defence in respect of proceedings under the Act,
   authorise the Sheriff to pay to the witness any or all of the amounts
   that would be payable to the witness if he or she were a witness for
   the prosecution.

   Schedule 1--Revocation of Criminal Law (Witness Payments)
   Regulations 1989

   The Criminal Law (Witness Payments) Regulations 1989 are revoked.

   Legislative history

   Notes

   o For further information relating to the Act and subordinate
   legislation made under the Act see the Index of South Australian
   Statutes.

   Principal regulations

   Year
       No
          Reference
                                 Commencement
   2004
       179
          Gazette 26.8.2004 p3407
                                 1.9.2004:  r 2