Justices Regulations 2023 (Tas)

Justices Regulations 2023

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Justices Act 1959 .

11 September 2023

B. BAKER

Governor

By Her Excellency's Command,

ELISE ARCHER

Minister for Justice

1. Short title These regulations may be cited as the Justices Regulations 2023 .

2. Commencement These regulations take effect on 18 December 2023.

3. Fees (1) The fees, costs and charges set out in Schedule 1 are prescribed as the fees, costs and charges payable under the Justices Act 1959 in respect of the matters to which they relate. (2) Despite subregulation (1) , a party to proceedings is not required to pay the fee, cost or charge for a transcript, or copy of a transcript, of the whole or part of the proceedings, that is provided to the party by the clerk of petty sessions, if the party – (a) is an assisted person within the meaning of the Legal Aid Commission Act 1990 ; and (b) is unsuccessful in those proceedings. (3) Despite subregulation (1) , a fee, cost or charge set out in Schedule 1 is not payable in respect of an application under the Family Violence Act 2004 .

SCHEDULE 1 - Fees

Regulation 3(1)

Fee units 1. Fee for preparation of a complaint and summons or any other document 20 (per defendant) 2. Filing fee on any document (excluding a summons on a complaint) 20 3. Service fee on a document 11 4. Fee on a warrant of apprehension 50 5. Fee on a warrant of commitment in the case of non-payment of a monetary penalty not executed in court 50 6. Fee for a transcript provided to a person if the court does not require a transcript 2 (per page) 7. Fee for a copy of a transcript 1 (per page) 8. Fee for a copy of any other document 1 (per page) 9. Fee for a copy of a recording provided to a person 20 (per disc) 10. Fee for the issue of a certificate of conviction 25