South Australia

   Summary Procedure (Witness Fees) Regulations 2007

   under the Summary Procedure Act 1921

   Contents
   1 Short title
   2 Commencement
   3 Prosecution witness fees

   Schedule 1--Revocation of Summary Procedure (Witness Fees)
   Regulations 1992

   Legislative history

   1--Short title

   These regulations may be cited as the Summary Procedure (Witness Fees)
   Regulations 2007.

   2--Commencement

   These regulations will come into operation on 1 September 2007.

   3--Prosecution witness fees

   (1) Subject to this regulation, the following amounts may be certified
   by a magistrate or justice as payable in respect of a witness for the
   prosecution (including a witness who attended court but was not called
   to give evidence):

   (a) the actual amount lost, or the expenses necessarily incurred, by
   the witness by reason of his or her absence 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 in
   attending court, 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 could be certified in accordance with these
   regulations in respect of that other person if he or she were a witness
   for the prosecution.

   (2) If--

   (a) the amount lost, or the expenses incurred by the witness exceed the
   amount determined in accordance with subregulation (1)(a); or

   (b) the travelling expenses incurred by the witness exceed the amount
   determined in accordance with subregulation (1)(b),

   the amount certified may include such further amount as the magistrate
   or justice thinks just and reasonable in the circumstances.

   (3) No amount is to be certified 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.

   Schedule 1--Revocation of Summary Procedure (Witness Fees)
   Regulations 1992

   The Summary Procedure (Witness Fees) Regulations 1992 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 or www.legislation.sa.gov.au.

   Principal regulations

   Year
       No
          Reference
                                 Commencement
   2007
       221
          Gazette 30.8.2007 p3553
                                 1.9.2007:  r 2