Commonwealth Numbered Regulations - Explanatory Statements

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HIGH COURT OF AUSTRALIA (FEES) REGULATIONS (AMENDMENT) 1995 NO. 418

STATUTORY RULES 1995 No. 418

ISSUED BY THE AUTHORITY OF THE ATTORNEY-GENERAL

JUDICIARY ACT 1903

HIGH COURT OF AUSTRALIA (FEES) REGULATIONS (AMENDMENT)

Subsection 88(ca) of the Judiciary Act 1903 (the Judiciary Act) provides that the GovernorGeneral may make regulations prescribing the fees to be paid in respect of proceedings in the Court.

The existing fees prescribed by the Regulations have not been increased since 1989. The purposes of the proposed Regulations is to increase the existing fees in accordance with consumer price increases (CPI), annualised since 1989.

Details of these Regulations are as follows:

Regulation 1 - Commencement

Regulation 1 provides for the Regulations to commence on 1 January 1996.

Regulation 2 - Amendment

Regulation 2 provides for the High Court of Australia (Fees) Regulations to be amended as set out in these Regulations.

Regulation 3 - Regulation 3 (Interpretation)

Expressions used in regulations are taken to have the same mean as in the parent Act, in this case the Judiciary Act. The Judiciary Act does not define some of the terms used in the Regulations, and the terms are defined in the High Court Rules. Regulation 3 provides that if a term is used in the Regulations and in the Rules the term will have the same meaning in each.

Regulation 4 - Regulation 5 (Hearing fees)

Regulation 4 omits "$500" and substitutes "$616".

Regulation 5 - Schedule (Fees)

Regulation 5 omits the existing Schedule and substitutes a new Schedule.

The fees for the Items listed in the Schedule are increased in accordance with the consumer price increases, annualised since 1989.

These Regulations commence on 1 January 1996.