Commonwealth Numbered Regulations - Explanatory Statements

[Index] [Search] [Download] [Related Items] [Help]

FEDERAL MAGISTRATES AMENDMENT REGULATIONS 2000 (NO. 2) 2000 NO. 255

STATUTORY RULES 2000 No. 255

Issued by the authority of the Attorney-General

Federal Magistrates Act 1999

Federal Magistrates Amendment Regulations 2000 (No. 2)

Subsection 120(1) of the Federal Magistrates Act 1999 (the Act) provides for the Governor-General to make regulations prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

Subsection 120(3) of the Act states that the regulations may make provision for or in relation to:

(a)       fees to be paid in respect of proceedings in the Federal Magistrates Court and/or in respect to the service or the execution of process in the Federal Magistrates Court by officers of the Federal Magistrates Service;

(b)       exemptions from those fees;

(c)       the waiver, remission or refund of those fees.

The Federal Magistrates Regulations 2000 (the principal Regulations) prescribe the fees to be paid in respect of proceedings in the Federal Magistrates Court, exemptions from those fees and their waiver, remission and refund.

The purpose of the Regulations is to make some minor clarificatory amendments to the principal Regulations and to expand the types of proceedings in which there are exemptions from fees.

Details of the Regulations are set out in the Attachment.

The Regulations commenced on gazettal.

Federal Magistrates Amendment Regulations 2000 (No. 2)

Regulation 1 sets out the name of the Regulations.

Regulation 2 provides that the Regulations commence on gazettal.

Regulation 3 provides that Schedule 1 amends the principal Regulations.

Schedule 1 contains the amendments to the principal Regulations.

Items 1, 3, 4, 5, 7, 8, 9 make minor drafting amendments to clarify the principal Regulations.

Item 2 inserts a definition of "financial matter".

Item 6 expands the types of proceedings in which there are exemptions from the payment of fees in proceedings in the Federal Magistrates Court. These cover various types of proceedings under the Family Law Act 1975, the Child Support (Registration and Collection) Act 1988 and the Child Support (Assessment) Act 1989. These particular types of proceedings are currently exempt from fees in the Family Court of Australia, as prescribed under the Family Law Regulations 1984.

Item 10 amends item 1 of Schedule 1 of the principal Regulations to clarify that the fee prescribed under item 1 only applies to documents by which a proceeding is commenced (other than a proceeding mentioned in item 2 or 3 of Schedule 1) seeking final orders, not to documents seeking interlocutory, interim or procedural orders.

Item 11 amends item 3 of Schedule 1 of the principal Regulations to clarify that the fee prescribed under item 3 only applies to documents by which a proceeding is commenced under the Family Law Act 1975 about a financial matter or a matter under Part VII seeking final orders, not to documents seeking interlocutory, interim or procedural orders.

Item 12 amends item 7 of Schedule 1 of the principal Regulations to provide that the fee prescribed under item 7 only applies to the filing of documents as described in that item in a proceeding under the Family Law Act 1975 about a financial matter or a matter under Part VII of that Act, not to all such proceedings under the Family Law Act 1975.