Page 4435 - Week 14 - Thursday, 9 December 1993
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The Bill will introduce a new exemption from payment of some fees and charges in respect of matters under the Guardianship and Management of Property Act 1991. The exemption from payment of court fees currently located in the Children's Services Act 1986, for ease of reference, will be relocated to the Magistrates Court Act. Apart from cases where legal assistance is granted or fees and charges waived on hardship grounds, the exemptions set out in the legislation will be restricted to filing fees and fees for service and execution of process.
Sections 248D and 248E will reflect and extend the policy currently in the legislation that certain fees not paid or not required to be paid by a successful plaintiff in civil proceedings or by an informant in certain criminal matters should, in effect, be paid by the defendant. Section 248F will provide a person who claims to be entitled to a remission, refund, deferral of liability for or waiver of payment of fees and charges and who is affected by a decision of the registrar in relation to that matter with a right to apply to a magistrate for a review of that decision. No fee or charge will be payable in relation to such an application. So there is an appeal right.
The Magistrates Court (Amendment) Bill (No. 3) 1993 will also make a number of other amendments to the Magistrates Court Act consequential upon the introduction of the new fees and charges regime or for the purposes of style. I commend the Bill to the Assembly and present the explanatory memorandum for the Bill.
Debate (on motion by Mr Humphries) adjourned.
MAGISTRATES COURT (CIVIL JURISDICTION) (AMENDMENT) BILL 1993
MR CONNOLLY (Attorney-General, Minister for Housing and Community Services and Minister for Urban Services) (11.02): Madam Speaker, I present the Magistrates Court (Civil Jurisdiction) (Amendment) Bill 1993.
Title read by Clerk.
MR CONNOLLY: I move:
That this Bill be agreed to in principle.
Madam Speaker, this Bill, among other things, will amend the power to determine fees and charges in the Magistrates Court. It comprises, with two interlocking Bills - the Magistrates Court (Amendment) Bill (No. 3) 1993, which I have just presented, and the Small Claims (Amendment) Bill 1993 - a package of Bills which broadens the power to determine fees and charges for the Magistrates Court and the Small Claims Court and locates that power within the Magistrates Court Act. Amendment of the Magistrates Court (Civil Jurisdiction) Act in this way is part of a larger legislative exercise to introduce, as far as is appropriate, substantially similar fees and charges provisions into the courts and Administrative Appeals Tribunal legislation.
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