South Australia Magistrates Court (Fees) Regulations 2004 under the Magistrates Court Act 1991 Contents 1 Short title 3 Interpretation 4 Fees Schedule 1--Fees in Civil (General Claims) Division and Civil (Minor Claims) Division Schedule 2--Fees in Criminal Division Legislative history 1--Short title These regulations may be cited as the Magistrates Court (Fees) Regulations 2004. 3--Interpretation In these regulations-- Act means the Magistrates Court Act 1991; corporation has the same meaning as in the Corporations Act 2001 of the Commonwealth; not-for-profit organisation means a corporation that is not for the purpose of trading or securing a pecuniary profit for its members from its transactions; prescribed corporation means a corporation other than-- (a) a small business; or (b) a not-for-profit organisation; small business means a corporation that-- (a) has less than 20 full-time equivalent employees; and (b) is not a subsidiary of a corporation that has 20 or more full-time employees; subsidiary has the same meaning as in the Corporations Act 2001 of the Commonwealth. 4--Fees (1) The fees set out in Schedule 1 are payable to the Court in relation to proceedings in-- (a) the Civil (General Claims) Division; or (b) the Civil (Minor Claims) Division; or (c) the Civil (Consumer and Business) Division. (2) The fees set out in Schedule 2 are payable to the Court in relation to proceedings in the Criminal Division. (3) The fees payable for inspection or copying of material under section 51 of the Act are the appropriate fees set out in the Schedules. (4) The Court may require a non-refundable deposit as security for the payment of fees for the production of a transcript of the hearing of a case at the request of a party where the Court does not require the transcript. Schedule 1--Fees in Civil (General Claims) Division and Civil (Minor Claims) Division 1 For issuing a Final Notice of Claim under the rules $18.10 2 On commencement of minor civil action $123.00 3 On lodging a counterclaim or a third party notice in a minor civil action $123.00 4 On commencement of any other action under the Magistrates Court Act 1991-- (a) in the case of a prescribed corporation $452.00 (b) in any other case $267.00 5 On lodging a counterclaim or a third party notice in any other action under the Magistrates Court Act 1991-- (a) in the case of a prescribed corporation $452.00 (b) in any other case $267.00 6 For issuing and administering an investigation or examination summons under the Magistrates Court Act 1991 $47.25 7 On commencement of action under any other Act or issuing a summons on such action $123.00 8 On lodging a counterclaim or a third party notice in any action under any other Act $123.00 9 For publishing an advertisement actual costs reasonably incurred 10 For each request to search and inspect a record of the Court $17.40 11 For copy of evidence--per page $6.80 12 For copy of reasons for judgment--per page (1 copy will be supplied to a party to the proceedings free of charge.) $6.80 13 For copy of any other document--per page $4.20 14 The fee for a computer disc containing a record of court proceedings (including reasons for judgment) is the fee that would be payable under these regulations for a printed copy of the record of the proceedings plus--for each day or part of a day on which the proceedings were recorded $108.00 15 For production of transcript at request of a party where the Court does not require the transcript--per page $13.70 16 Taxation of costs: on lodging a bill of costs (other than in a minor civil action) $64.00 17 For opening Registry (or Registry remaining open) after hours for urgent execution of process--for each hour or part of an hour $327.00 18 For opening Court (or Court remaining open) after hours for urgent hearing--for each hour or part of an hour $984.00 Schedule 2--Fees in Criminal Division 1 On commencement of proceedings for summary applications, summary offences, minor indictable offences or indictable offences $207.00 plus if the complaint or information alleges more than 1 offence--$41.75 2 For making an enforcement order under the Expiation of Offences Act 1996 $207.00 3 For issuing a warrant of commitment $45.25 4 For copy of evidence--per page $6.80 5 For copy of reasons for judgment--per page (1 copy will be supplied to a party to the proceedings free of charge.) $6.80 6 For copy of any other document--per page $4.20 7 The fee for a computer disc containing a record of court proceedings (including reasons for judgment) is the fee that would be payable under these regulations for a printed copy of the record of the proceedings plus--for each day or part of a day on which the proceedings were recorded $108.00 8 For production of transcript at request of a party where the Court does not require the transcript--per page $13.70 9 For each request to search and inspect a record of the Court $17.40 Legislative history Notes o Please note--References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete. o Earlier versions of these regulations (historical versions) are listed at the end of the legislative history. o For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au. Legislation revoked by principal regulations The Magistrates Court (Fees) Regulations 2004 revoked the following: Magistrates Court (Fees) Regulations 1992 Principal regulations and variations New entries appear in bold. Year No Reference Commencement 2004 51 Gazette 27.5.2004 p1447 1.7.2004: r 2 2005 127 Gazette 26.5.2005 p1609 (Erratum Gazette 16.6.2005 p1830) 1.7.2005: r 2 2006 146 Gazette 15.6.2006 p1902 1.7.2006: r 2 2007 97 Gazette 7.6.2007 p2411 1.7.2007: r 2 2008 86 Gazette 5.6.2008 p2013 1.7.2008: r 2 2009 103 Gazette 4.6.2009 p2521 1.7.2009: r 2 2010 132 Gazette 10.6.2010 p2965 1.7.2010: r 2 2011 146 Gazette 9.6.2011 p2399 1.7.2011: r 2 Provisions varied New entries appear in bold. Entries that relate to provisions that have been deleted appear in italics. Provision How varied Commencement r 2 omitted under the Legislation Revision and Publication Act 2002 1.7.2005 r 3 corporation inserted by 146/2011 r 4 1.7.2011 not-for-profit organisation inserted by 146/2011 r 4 1.7.2011 prescribed corporation inserted by 146/2011 r 4 1.7.2011 small business inserted by 146/2011 r 4 1.7.2011 subsidiary inserted by 146/2011 r 4 1.7.2011 Schs 1 and 2 substituted by 127/2005 r 4 1.7.2005 substituted by 146/2006 r 4 1.7.2006 substituted by 97/2007 r 4 1.7.2007 substituted by 86/2008 r 4 1.7.2008 substituted by 103/2009 r 4 1.7.2009 substituted by 132/2010 r 4 1.7.2010 substituted by 146/2011 r 5 1.7.2011 Sch 3 omitted under the Legislation Revision and Publication Act 2002 1.7.2005 Historical versions 1.7.2005 1.7.2006 1.7.2007 1.7.2008 1.7.2009 1.7.2010