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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Statutes Amendment (Court Fees)
Bill 2017
A BILL FOR
An Act to amend the
District
Court Act 1991
; the
Magistrates
Court Act 1991
; the
Sheriff's
Act 1978
; and the
Supreme
Court Act 1935
.
Contents
Part 2—Amendment of District Court
Act 1991
4Amendment of section 53—Court
fees
Part 3—Amendment of Magistrates Court
Act 1991
5Amendment of section 50—Court
fees
Part 4—Amendment of Sheriff's
Act 1978
6Amendment of section
16—Regulations
Part 5—Amendment of Supreme Court
Act 1935
7Amendment of section 130—Court
fees
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Statutes Amendment (Court Fees)
Act 2017.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of District Court
Act 1991
4—Amendment
of section 53—Court fees
(1) Section 53(1)—after "Court" insert:
, or any step in such proceedings
(2) Section 53—after subsection (1) insert:
(1a) Without limiting the generality of subsection (1), the regulations
may provide for all or any of the following matters:
(a) specific fees;
(b) maximum fees;
(c) minimum fees;
(d) fees that vary according to value, time, class of matter, or on any
other basis;
(e) fees that differ for different classes of proceedings, different
classes of party or different jurisdictions of the Court;
(f) the manner of payment of fees;
(g) the time or times at which fees are to be paid,
and it is not necessary for a fee to be related to the actual
administrative cost incurred.
(1b) The regulations may—
(a) be of general or limited application; and
(b) make different provision according to the persons, things or
circumstances to which they are expressed to apply; and
(c) provide in a specified case or class of case for the exemption of any
proceeding, person or thing, or a class of proceeding, person or thing, from any
of the provisions of the regulations, whether—
(i) unconditionally or on specified conditions; and
(ii) either wholly or to such an extent as is specified; and
(d) provide for the payment in advance of a fee or part of a fee
prescribed under the regulations; and
(e) provide for the reduction, waiver, postponement, remission or refund,
in whole or in part, of a fee prescribed under the regulations; and
(f) provide, in specified circumstances, for the reinstatement or payment,
in whole or in part, of a fee prescribed under the regulations which was
reduced, waived, postponed, remitted or refunded under the regulations;
and
(g) confer a discretionary authority or impose a duty on the Court, a
member of the Court's judiciary or the Registrar of the Court.
Part 3—Amendment
of Magistrates Court
Act 1991
5—Amendment
of section 50—Court fees
(1) Section 50(1)—after "Court" insert:
, or any step in such proceedings
(2) Section 50—after subsection (1) insert:
(1a) Without limiting the generality of subsection (1), the regulations
may provide for all or any of the following matters:
(a) specific fees;
(b) maximum fees;
(c) minimum fees;
(d) fees that vary according to value, time, class of matter, or on any
other basis;
(e) fees that differ for different classes of proceedings, different
classes of party or different jurisdictions of the Court;
(f) the manner of payment of fees;
(g) the time or times at which fees are to be paid,
and it is not necessary for a fee to be related to the actual
administrative cost incurred.
(1b) The regulations may—
(a) be of general or limited application; and
(b) make different provision according to the persons, things or
circumstances to which they are expressed to apply; and
(c) provide in a specified case or class of case for the exemption of any
proceeding, person or thing, or a class of proceeding, person or thing, from any
of the provisions of the regulations, whether—
(i) unconditionally or on specified conditions; and
(ii) either wholly or to such an extent as is specified; and
(d) provide for the payment in advance of a fee or part of a fee
prescribed under the regulations; and
(e) provide for the reduction, waiver, postponement, remission or refund,
in whole or in part, of a fee prescribed under the regulations; and
(f) provide, in specified circumstances, for the reinstatement or payment,
in whole or in part, of a fee prescribed under the regulations which was
reduced, waived, postponed, remitted or refunded under the regulations;
and
(g) confer a discretionary authority or impose a duty on the Court, a
member of the Court's judiciary or a Registrar.
Part 4—Amendment
of Sheriff's
Act 1978
6—Amendment
of section 16—Regulations
Section 16—after subsection (4) insert:
(5) Regulations made for the purposes of subsection (4)(b) may provide for
all or any of the following matters:
(a) specific fees;
(b) maximum fees;
(c) minimum fees;
(d) fees that vary according to value, time, class of matter, or on any
other basis;
(e) fees that differ for different classes of proceedings or different
classes of party;
(f) the manner of payment of fees and expenses;
(g) the time or times at which fees are to be paid,
and it is not necessary for a fee to be related to the actual
administrative cost incurred.
Part 5—Amendment
of Supreme Court
Act 1935
7—Amendment
of section 130—Court fees
(1) Section 130—after subsection (1) insert:
(1a) Without limiting the generality of subsection (1), the regulations
may provide for all or any of the following matters:
(a) specific fees;
(b) maximum fees;
(c) minimum fees;
(d) fees that vary according to value, time, class of matter, or on any
other basis;
(e) fees that differ for different classes of proceedings, different
classes of party or different jurisdictions of the court;
(f) the manner of payment of fees;
(g) the time or times at which fees are to be paid,
and it is not necessary for a fee to be related to the actual
administrative cost incurred.
(1b) The regulations may—
(a) be of general or limited application; and
(b) make different provision according to the persons, things or
circumstances to which they are expressed to apply; and
(c) provide in a specified case or class of case for the exemption of any
proceeding, person or thing, or a class of proceeding, person or thing, from any
of the provisions of the regulations, whether—
(i) unconditionally or on specified conditions; and
(ii) either wholly or to such an extent as is specified; and
(d) provide for the payment in advance of a fee or part of a fee
prescribed under the regulations; and
(e) provide for the reduction, waiver, postponement, remission or refund,
in whole or in part, of a fee prescribed under the regulations; and
(f) provide, in specified circumstances, for the reinstatement or payment,
in whole or in part, of a fee prescribed under the regulations which was
reduced, waived, postponed, remitted or refunded under the regulations;
and
(g) confer a discretionary authority or impose a duty on the court, a
member of the court's judiciary or the registrar.
(2) Section 130(3)—delete subsection (3)