COURT PROCEDURES ACT 2004 - SECT 15 Remission, refund, deferral, waiver and exemption of fees
COURT PROCEDURES ACT 2004 - SECT 15
Remission, refund, deferral, waiver and exemption of fees(1) A determined fee may be remitted or refunded, or liability for its payment deferred, in accordance with the determination that determined the fee.
(2) A determined fee is not payable—
(a) if the person otherwise liable to pay the fee or charge is—
(i) exempt from liability to pay the fee under the determination that determined the fee; or
(ii) exempt from paying the fee under the Legal Aid Act 1977
, section 93 (1) (Exemption from fees and taxes); or
(iii) legally assisted under a scheme or service provided or approved by the Attorney-General; or
(b) if the registrar of the court or ACAT waives payment by a person of the fee completely or partly because the registrar considers that payment of the fee would impose hardship on the person—to the extent of the waiver; or
(c) for lodging a document, or for the service and execution of process, in relation to a proceeding in the Supreme Court—
(i) in a criminal matter, including an appeal; or
(ii) under the Coroners Act 1997
; or
(iii) under the Legal Profession Act 2006
, chapter 4 (Complaints and discipline); or
(iv) under any of the following Acts:
(A) the Adoption Act 1993
;
(B) the Children and Young People Act 2008
;
(C) the Family Violence Act 2016
;
(D) the Guardianship and Management of Property Act 1991
;
(E) the Mental Health Act 2015
;
(F) the Personal Violence Act 2016
;
(G) the Testamentary Guardianship Act 1984
;
(v) on appeals in relation to the following matters:
(A) a matter under the Children and Young People Act 2008
;
(B) a matter under the Mental Health Act 2015
;
(C) a decision of the ACAT in relation to an application under the Guardianship and Management of Property Act 1991
; or
(vi) on a matter that has been remitted to the court by the High Court under the Judiciary Act 1903
(Cwlth), section 44; or
(vii) in relation to which a convention to which Australia is a party provides that a fee is not to be payable; or
(viii) on an application to the court for an extension of the time within which a proceeding may be begun; or
(ix) on an application mentioned in the Juries Act 1967
, section 24 (10), section 26A (2) or section 51A (3); or
(x) on an application mentioned in the Spent Convictions Act 2000
, section 14C; or
(d) for the laying of an information in the Magistrates Court—
(i) by the director of public prosecutions acting in the exercise of an official function under a territory law; or
(ii) by a police officer acting in the exercise of an official function under a territory law; or
(e) if it is not payable under another provision of this Act or another territory law.
Note The Territory Crown is not liable to pay a determined fee in a civil proceeding (see s 28 (Court fees and charges)).
(3) This section is subject to section 16 and section 17.