Western Australia JUSTICES ACT 1902 Justices Act (Courts of Petty Sessions Fees) Regulations These regulations were repealed as a result of the repeal of the Justices Act 1902 by the Criminal Procedure and Appeals (Consequential and Other Provisions) Act 2004 s. 4(1) (No. 84 of 2004) as at 2 May 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7129 and 7 Jan 2005 p. 53). Western Australia Justices Act (Courts of Petty Sessions Fees) Regulations CONTENTS 1. Citation 1 1A. Interpretation 1 2. Fees 2 3. Fees subject to conditions or waiver 2 4. Revocation 4 First Schedule Second Schedule Notes Compilation table 8 Western Australia Justices Act 1902 Justices Act (Courts of Petty Sessions Fees) Regulations 1. Citation These regulations may be cited as the Justices Act (Courts of Petty Sessions Fees) Regulations, and shall come into operation on the 30th consecutive day after the date of their publication in the Government Gazette 1. 1A. Interpretation In these regulations, unless the contrary intention appears - "disadvantaged person" means - (a) a person who produces, or in respect of whom there is produced, to the clerk, evidence to the satisfaction of the clerk showing that the person holds - (i) a Health Care Card; (ii) a Health Benefit Card; or (iii) a Pensioners Health Benefit Card, issued by the Department of Social Security or the Department of Veteran's Affairs of the Government of the Commonwealth; or (b) a person who satisfies the clerk that he is, by reason of his financial circumstances, unable to pay the prescribed fees. [Regulation 1A inserted in Gazette 28 June 1985 p.2299.] 2. Fees (1) Subject to subregulation (2), on and after the coming into operation of these regulations the fees prescribed in the First Schedule to these regulations shall be the fees to be taken in Courts of Petty Sessions. (2) No fee shall be taken on the lodgement under the Restraining Orders Act 1997 of - (a) an application for a violence restraining order; or (b) an application to vary or cancel a restraining order made by a person referred to in section 45(1)(a) to (d) of that Act. [Regulation 2 amended in Gazette 25 November 1977 p.4360; 12 September 1997 pp.5156-7.] 3. Fees subject to conditions or waiver (1) Where - (a) proceedings are instituted or taken - (i) by a member of the police force; or (ii) by an officer of a State Department on behalf of that department; (b) a member of the State Crown Law Department 2 acts or appears on behalf of a board or other body; (ba) proceedings are instituted or taken by a legal practitioner, who is not an officer of the State Public Service, for or on behalf of a board or other body specified in the Second Schedule to these regulations; (c) the Court, on being satisfied that the complainant or applicant is without means and has a prima facie case concerning the maintenance of a child, endorses the complaint or application "in forma pauperis"; or (d) proceedings are instituted or taken - (i) pursuant to the provisions of Part VIA of the Justices Act 1902 3; or (ii) pursuant to the provisions of Part II of the Road Maintenance (Contribution) Act 1965, 4 the appropriate fees so prescribed are payable only upon conviction of and recovery from the defendant or the making of a restraining order and recovery from the respondent. (2) Subject to the provisions of subregulations (1), (2a) and (3) of this regulation, no document or step in respect of which a fee is so prescribed shall be accepted or taken in a Court of Petty Sessions unless that fee is paid. (2a) The Clerk of Petty Sessions shall, in the case where - (a) a defendant or respondent requests a copy of a complaint or application, either personally or by counsel or solicitor; (b) the Court has not made a decision in relation to the application or each charge in the complaint that applies to the defendant or respondent; and (c) the defendant or respondent has not previously obtained a copy of the complaint or application under this subregulation, waive the fee for a copy of the complaint or application. (3) The Clerk of Petty Sessions may waive, reduce or defer any fee payable, or refund any fee paid - (a) by a disadvantaged person; or (b) if the Clerk considers it to be in the interests of justice to do so. [Regulation 3 amended in Gazette 25 November 1977 p.4360; 30 March 1979 p.863; 28 June 1985 p.2299; 7 March 1997 p.1408; 12 September 1997 p.5157; 24 March 2000 pp.1642-3; 30 June 2003 p.2609.] 4. Revocation [Omitted under the Reprints Act 1984 s.7(4)(f).] First Schedule | | |$ | |1. |For every complaint or application | | | |other than an application set out in |44.00 | | |item | | | |11................................ | | |2. |For every summons to |7.00 | | |defendant........................... | | |3. |For every order or conviction drawn |14.00 | | |up................ | | |4. |For every copy of an order, | | | |conviction, complaint or application |7.50 | | |(at any stage of | | | |proceedings).......... | | | |Note: | | | |(a) Where an order, conviction, | | | |complaint or application has several | | | |matters alleged, the fee is $7.50 PLUS| | | |$1.00 for a copy of each annexure. (No| | | |additional fee for certification of | | | |"AND FURTHER" is required) | | | |(b) Fee for copy of complaint is not | | | |payable where circumstances under | | | |regulation 3(2a) exist | | |5. |For every search in the |11.50 | | |records.............................. | | |6. |For every summons to |7.00 | | |witness...............................| | |7. |For service of summons or order of |17.25 | | |court.............. | | |8. |For a warrant of any kind - | | | |(a) issue |25.00 | | |thereof...............................|46.00 | | |..................... | | | |(b) execution | | | |thereof...............................| | | |.............. | | |9. |Travelling fee on service of a summons| | | |or order of Court or on execution of a| | | |warrant - for each kilometre (one way |0.90 | | |only).................................| | | |...... | | |10. |For copies of documents - | | | |(a) depositions, transcripts, or a | | | |Magistrate's notes of evidence - | | | |for each |4.50 | | |page..................................| | | |................... | | | |(aa) second or subsequent copies of | | | |transcript, in electronic format, if a| | | |fee has been paid under paragraph (a) | | | |by the applicant for a copy of the |10.00 | | |transcript, for each day of transcript| | | |..... | | | |(b) second or subsequent copies of | | | |documents referred to in | | | |paragraph (a), in a non-electronic | | | |format, if a fee has been paid under | | | |paragraph (a) by the applicant for a | | | |copy of the document - |1.50 | | |for each | | | |page..................................| | | |................... | | | |But in the case of a fee payable under| | | |paragraph (a), (aa) or (b) a minimum | | | |fee of $15.00 is to be paid. | | | |(c) other than documents referred to | | | |in item 3 or 4 | | | |- for each |1.00 | | |page..................................| | | |.. | | | |(Note: Fees under this item are not | | | |payable in cases of indictable | | | |offences) | | |11. |For an application for an | | | |extraordinary drivers licence (under | | | |section 76 of the Road Traffic |105.00 | | |Act 1974 | | | |......................................| | | |........................... | | |12. |For certifying that a document, | | | |including a document referred to in | | | |item 3 or 4, is a true copy - in |6.00 | | |addition to any other | | | |fee....................... | | [First Schedule inserted in Gazette 28 August 1998 pp.4750-1; amended in Gazette 15 January 1999 p.114; 30 Dec 2003 p. 5713-4.] Second Schedule Commissioner of Transport 5 [Second Schedule inserted in Gazette 25 November 1977 p.4360.] Notes 1 This is a compilation of the Justices Act (Courts of Petty Sessions Fees) Regulations and includes the amendments made by the other written laws referred to in the following table. This table also contains information about any previous reprint. Compilation table |Citation |Gazettal |Commencement | |Justices Act (Courts of|9 Apr |8 May 1957 (see | |Petty Sessions Fees) |1957 |regulation 1) | |Regulations |p.1079-80| | |Justices Act (Courts of|14 Oct |14 Oct 1983 | |Petty Sessions Fees) |1983 | | |Amendment Regulations |p.4154 | | |1983 | | | |Justices Act (Courts of|28 Jun |28 Jun 1985 | |Petty Sessions Fees) |1985 | | |Amendment Regulations |p.2299 | | |1985 | | | |Justices Act (Courts of|2 Aug |2 Aug 1985 | |Petty Sessions Fees) |1985 | | |Amendment Regulations |p.2690 | | |(No. 2) 1985 | | | |Justices Act (Courts of|5 Sep |5 Sep 1986 | |Petty Sessions Fees) |1986 | | |Amendment Regulations |p.3271 | | |1986 | | | |Justices Act (Courts of|31 Dec |1 Jan 1988 (see | |Petty Sessions Fees) |1987 |regulation 2) | |Amendment Regulations |p.4571 | | |1987 | | | |Justices Act (Courts of|7 Oct |7 Oct 1988 (see | |Petty Sessions Fees) |1988 |regulation 2) | |Amendment Regulations |p.4105 | | |1988 | | | |Justices Act (Courts of|4 Aug |5 Sep 1989 (see | |Petty Sessions Fees) |1989 |regulation 2) | |Amendment Regulations |p.2495 | | |1989 | | | |Justices Act (Courts of|29 Jun |1 Jul 1990 (see | |Petty Sessions Fees) |1990 |regulation 2) | |Amendment Regulations |pp.3143-4| | |1990 |4 | | |Justices Act (Courts of|15 Feb |15 Feb 1991 | |Petty Sessions Fees) |1991 | | |Amendment Regulations |p.685 | | |1991 | | | |Justices Act (Courts of|27 Sep |1 Oct 1991 (see | |Petty Sessions Fees) |1991 |regulation 2) | |Amendment Regulations |pp.4982-8| | |(No. 2) 1991 |3 | | |Justices Act (Courts of|28 Jul |1 Aug 1992 (see | |Petty Sessions Fees) |1992 |regulation 2) | |Amendment Regulations |p.3675 | | |1992 | | | |Justices Act (Courts of|1 Sep |1 Sep 1995 | |Petty Sessions Fees) |1995 | | |Amendment Regulations |pp.4106-7| | |1995 | | | |Justices Act (Courts of|25 Jun |1 Jul 1996 | |Petty Sessions Fees) |1996 |(see regulation 2) | |Amendment Regulations |p.2929 | | |1996 | | | |Justices Act (Courts |7 Mar |7 Mar 1997 | |of Petty Sessions Fees)|1997 | | |Amendment Regulations |p.1408 | | |1997 | | | |Justices (Restraining |12 Sep |15 Sep 1997 (see | |Orders) Amendment and |1997 |regulation 2 | |Repeal Regulations 1997|pp.5156-8|and Gazette 12 Sep | | | |1997 p.5149) | |Justices Act (Courts of|28 Aug |28 Aug 1998 | |Petty Sessions Fees) |1998 | | |Amendment Regulations |pp.4749-5| | |1998 |1 | | |Justices Act (Courts of|15 Jan |15 Jan 1999 | |Petty Sessions Fees) |1999 | | |Amendment Regulations |p.114 | | |(No. 2) 1998 | | | |Justices Act (Courts of|24 Mar |24 Mar 2000 | |Petty Sessions Fees) |2000 | | |Amendment Regulations |pp.1642-3| | |(No.2) 1999 | | | |Equality of Status |30 Jun |1 Jul 2003 (see r. 2| |Subsidiary Legislation |2003 |and Gazette 30 Jun | |Amendment |p. 2581-6|2003 p. 2579) | |Regulations 2003 Pt. 19|38 | | |Justices Act (Courts of|30 Dec 20|1 Jan 2004 (see | |Petty Sessions Fees) |03 |r. 2) | |Amendment |p. 5713-4| | |Regulations 2003 | | | |These regulations were repealed as a result of the | |repeal of the Justices Act 1902 by the Criminal | |Procedure and Appeals (Consequential and Other | |Provisions) Act 2004 s. 4(1) (No. 84 of 2004) as at 2 | |May 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7129 and| |7 Jan 2005 p. 53) | 2 Under section 69 of the Acts Amendment (Ministry of Justice) Act 1993 (No. 31 of 1993), a reference, however expressed, to the former Crown Law Department is to be read as a reference to the Ministry of Justice. 3 Justices Act 1902 Part VIA was repealed by No. 92 of 1994 s.20. 4 Road Maintenance (Contribution) Act 1965 repealed by No. 9 of 1979 s.3. 5 This office was formerly constituted under the Transport Co- ordination Act 1966 but no longer exists.