COUNTY COURT ACT 1958 - SECT 79A Regulations
COUNTY COURT ACT 1958 - SECT 79A
Regulations(1) The Governor in Council may make regulations for or with respect to prescribing a fund for the purposes of section 21A(1)(h).
S. 79A(2) inserted by No. 23/2012 s. 5.
(2) The Governor in Council may make regulations for or with respect to—
(a) the fees payable in respect of any matter in the Court;
(b) the fees payable in respect of anything done by a bailiff in or in relation to the execution of any warrant or other process;
(c) generally prescribing any other matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.
S. 79A(3) inserted by No. 23/2012 s. 5.
(3) A power conferred by subsection (2) to make regulations providing for the imposition of fees may be exercised by providing for all or any of the following matters—
(a) specific fees;
(b) maximum fees;
(c) minimum fees;
(d) fees that vary according to value or time or class of matter;
S. 79A(3)(da) inserted by No. 15/2018 s. 10(1).
(da) different fees for different classes of proceedings or different classes of party;
(e) fees by way of a percentage of the amount of a demand;
(f) the manner of payment of fees;
S. 79A(3)(g) repealed by No. 15/2018 s. 10(2).
* * * *
*
(h) the time or times at which fees are to be paid.
S. 79A(4) inserted by No. 23/2012 s. 5.
(4) For the purposes of this section, it is not necessary for the amount of any fee to be related to the cost of providing the service.
S. 79A(5) inserted by No. 15/2018 s. 10(3).
(5) The regulations may—
(a) be of general or limited application; and
(b) differ according to differences in time, place or circumstances; 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 any fee fixed under subsection (2)(a); and
(e) provide for proportionate consequences of failure to pay any fee fixed under subsection (2)(a); and
(f) provide for the reduction, waiver, postponement, remission or refund, in whole or in part, of any fee fixed under subsection (2)(a); and
(g) provide, in specified circumstances, for the reinstatement or payment, in whole or in part, of any fee fixed under subsection (2)(a) which was reduced, waived, postponed, remitted or refunded by or in accordance with the regulations; and
(h) confer a discretionary authority or impose a duty on any judge, associate judge, judicial registrar or a specified court official or a specified class of judge, class of associate judge, class of judicial registrar or court official; and
(i) leave any matter or thing dealt with by or in accordance with the regulations to be decided by a specified court official or class of court official.
S. 79A(6) inserted by No. 15/2018 s. 10(3).
(6) Subject to the regulations or any power to reduce, waive, postpone, remit or refund any fee fixed under subsection (2)(a), the registrar or a deputy registrar at or for the place where a proceeding is to be heard may, having regard to the income, day to day living expenses, liabilities and assets of the person liable to pay a fee fixed under subsection (2)(a), waive payment of that fee if, in the registrar or deputy registrar's opinion, the payment of that fee by that person would cause the person financial hardship and, in that case, that fee is not payable.
S. 79A(7) inserted by No. 15/2018 s. 10(3).
(7) If the regulations provide for a remission or refund of a fee fixed under subsection (2)(a), the Consolidated Fund is appropriated to the necessary extent to enable any remission or refund to be paid.
Pt 7A (Heading and ss 79B–79D) inserted by No. 11/2020 s. 27, amended by No. 27/2020 s. 21, repealed by No. 6230/1958 s. 79D (as amended by No. 27/2020 s. 21).
* * * * *
Part VIII—Miscellaneous
No. 6117 s. 80.
S. 80 amended by Nos 7705 s. 9(r), 9554 s. 2(2)(Sch. 2 item 51), 19/1989 s. 14(a)(i)–(vi)(b)(c), substituted by No. 10/1999 s. 28(1), repealed by No. 58/2013 s. 45.
* * * * *
S. 80AA inserted by No. 10/1999 s. 28(1) amended by Nos 68/2009 s. 97(Sch. item 35.16), 30/2010 s. 80, repealed by No. 58/2013 s. 45.
* * * * *
S. 80A inserted by No. 9639 s. 2.