Dust Diseases Tribunal Regulation 2019 (2019-405) (NSW)

Dust Diseases Tribunal Regulation 2019

Part 1 Preliminary

1 Name of Regulation This Regulation is the Dust Diseases Tribunal Regulation 2019.

2 Commencement This Regulation commences on 1 September 2019 and is required to be published on the NSW legislation website.

Note— This Regulation repeals and replaces the Dust Diseases Tribunal Regulation 2013, which would otherwise be repealed by section 10(2) of the Subordinate Legislation Act 1989.

3 Definitions (1) In this Regulation— corporation has the same meaning as in section 57A of the Corporations Act 2001 of the Commonwealth. fee unit—see Schedule 1, Part 2, clause 2(1). initiating process, in relation to any proceedings, means the document by the filing of which the proceedings are commenced. rules of court means rules under section 33 of the Act or uniform rules under the Civil Procedure Act 2005 applicable to proceedings on a claim. the Act means the Dust Diseases Tribunal Act 1989.

Note— The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation. (2) Notes included in this Regulation (other than those in Schedule 1) do not form part of this Regulation.

Part 2 Fees

4 Fees payable in respect of Tribunal proceedings (1) Subject to this Regulation, the fee that a person must pay in respect of a matter referred to in Column 1 of Schedule 1 is— (a) if the person is a corporation or an incorporated partnership and a fee is specified in Column 3 of that Schedule—the fee so specified, or (b) in any other case—the fee specified in Column 2 of that Schedule. (1A) A fee specified in Schedule 1, Part 1 is expressed as a fee unit unless otherwise specified. (2) A corporation or incorporated partnership is required to pay the standard fee (instead of the higher fee for a corporation) if the corporation or incorporated partnership produces evidence to satisfy the registrar that— (a) its turnover in the financial year immediately preceding the financial year in which the fees are to be taken was less than $200,000, or (b) if the corporation or incorporated partnership has not been in existence for a full financial year—its turnover in its first financial year is likely to be less than $200,000.