Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts10. After Part XIII of the Principal Act the following Part is inserted:
“248A. (1) The Minister may, by notice in writing published in the Gazette , determine fees and charges for any of the following purposes:
(a) proceedings in the Court, and matters incidental to such proceedings, including—
(i) the service and execution of the process of the Court; and
(ii) the taxation of costs by officers of the Court;
(b) facilities and services provided by the Court, including the service and execution of the process of any court of the Commonwealth, a State or another Territory, or of any court of a foreign country;
(c) the general purposes of this Act, the Magistrates Court (Civil Jurisdiction) Act 1982 , the Small Claims Act 1974 and rules and regulations made under this Act and any of those Acts.
“(2) A determination under subsection (1) may provide for any of the following matters:
(a) the exemption of persons from liability to pay filing fees or fees for the service and execution of process, in whole or in part;
(b) exemptions from liability for the payment of filing fees or fees for the service and execution of process, in whole or in part, in particular circumstances;
(c) the remission or refund of fees or charges by the Registrar, in whole or in part, in particular circumstances;
(d) the deferral of liability by the Registrar for the payment of fees or charges, in whole or in part, in particular circumstances.
“(3) A determination under subsection (1) is a disallowable instrument for the purposes of section 10 of the Subordinate Laws Act 1989 .
“248B. (1) A fee or charge determined under subsection 248A (1) is payable, in advance, in accordance with the determination, subject to this section.
“(2) A fee or charge determined under subsection 248A (1) is payable on notification from the Registrar if it is calculated by reference to expenses actually incurred in performing the function, or in providing the facility or service, for which the fee or charge is payable.
“(3) If a fee or charge determined under subsection 248A (1) and payable in advance is not paid when due, there is no obligation on the Registrar or the Court to perform the function, or provide the facility or service, for which the fee or charge is payable.
“248C. (1) A fee or charge determined under subsection 248A (1) may be remitted or refunded, or liability for its payment deferred, in accordance with the determination.
“(2) A fee or charge determined under subsection 248A (1) is not payable—
(a) if the person otherwise liable to pay the fee or charge is—
(i) exempt from paying the fee or charge under subsection 93 (1) of the Legal Aid Act 1977 ; or
(ii) legally assisted under a scheme or service provided or approved by the Attorney-General;
(b) if the Registrar waives payment of the fee or charge in whole or in part because he or she considers that it would impose hardship on the person liable to pay the fee or charge—to the extent of the waiver;
(c) for filing a document, or for the service or execution of process, in relation to proceedings—
(i) under Part X;
(ii) on an application arising out of a conviction or order in respect of an offence;
(iii) under the Children's Services Act 1986 ;
(iv) under the Domestic Violence Act 1986 ;
(v) under the Guardianship and Management of Property Act 1991 ;
(vi) under the Maintenance Act 1968 ;
(vii) under the Mental Health Act 1983 ; or
(viii) under the Workers' Compensation Act 1951 ;
(d) for the laying of an information—
(i) by the Director of Public Prosecutions acting in the performance of an official function;
(ii) by a police officer acting in the performance of an official function; or
(iii) for an offence under subsection 255 (1); or
(e) for inspection under section 306A of the Magistrates Court (Civil Jurisdiction) Act 1982 of a record relating to a default judgment by—
(i) a party to the proceedings in which the judgment was given or entered; or
(ii) the legal representative of such a party.
“248D. (1) This section applies in civil proceedings in the Court between 2 parties (in this section called ‘the first party' and ‘the second party'), where—
(a) a filing fee, or a fee for the service and execution of process, otherwise payable by the first party is—
(i) not payable (in whole or in part) due to the exemption of the first party as referred to in paragraph 248A (2) (a) or (b) or 248C (2) (a);
(ii) remitted or refunded (in whole or in part) under subsection 248C (1); or
(iii) the subject of waiver (in whole or in part) under paragraph 248C (2) (b);
(b) judgment is given or entered, or an order is made, in favour of the first party; and
(c) the first party's costs are payable by the second party.
“(2) Where this section applies, the second party shall pay to the Registrar an amount equal to the amount in relation to which the first party was exempted, or the amount of the remission, refund or waiver, as the case requires.
“(3) This section does not apply where the Court is sitting as the Small Claims Court.
“248E. (1) This section applies in criminal proceedings in the Court, where—
(a) the fee that would otherwise be payable for the laying of an information is not payable, in whole or in part, due to the operation of paragraph 248C (2) (a), (b) or (d); and
(b) the defendant is convicted of the offence alleged in the information and ordered to pay a fine.
“(2) Where this section applies, the defendant shall pay to the Registrar, in addition to the amount of the fine, an amount equal to—
(a) if payment of the fee is waived in part under paragraph 248C (2) (b)—the amount of the waiver; or
(b) in any other case—the fee for the laying of the information which would otherwise have been payable by the informant.
“248F. (1) The following decisions of the Registrar are reviewable under this section:
(a) a decision referred to in paragraph 248A (2) (c) in relation to the remission or refund of a fee or charge (in whole or in part);
(b) a decision referred to in paragraph 248A (2) (d) in relation to the deferral of liability for the payment of a fee or charge (in whole or in part);
(c) a decision under paragraph 248C (2) (b) in relation to the waiver of payment of a fee or charge (in whole or in part).
“(2) After making a reviewable decision, the Registrar shall give a written notice of the decision to the eligible person including a statement to the effect that—
(a) the person may apply to the Registrar for a statement of reasons for the decision; and
(b) the person may apply to a Magistrate for review of the decision within the review period.
“(3) On written application by the eligible person within 28 days after the person's receipt of a notice under subsection (2), the Registrar shall give the person a written statement of reasons for the relevant decision.
“(4) On written application by the eligible person within the review period, a Magistrate may review a reviewable decision.
“(5) On review under subsection (4), the Magistrate may make such order as he or she considers appropriate.
“(6) No fee or charge is payable in relation to an application for review under subsection (4).
“(7) In this section—
(a) the period of 28 days after receipt by the eligible person of notice of the decision under subsection (2); or
(b) if the eligible person applies under subsection (3) for a statement of reasons for the decision—the period of 28 days after he or she receives the statement of reasons.”.