Page 2846 - Week 10 - Thursday, 15 August 1991
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MAGISTRATES COURT (CIVIL JURISDICTION)
(AMENDMENT) BILL 1991
MR CONNOLLY (Attorney-General, Minister for Housing and Community Services and Minister for Urban Services) (10.33): Mr Speaker, I present the Magistrates Court (Civil Jurisdiction) (Amendment) Bill 1991. I move:
That this Bill be agreed to in principle.
This Bill, which is the second of the three Bills which make amendments in relation to fees and charges under legislation regulating the Magistrates Court, amends the Magistrates Court (Civil Jurisdiction) Act 1982. A provision is inserted into the Act which requires that, where a fee has not been paid by reason of the waiver available under section 245A of the Act, which provides that where a person is receiving legal aid or where payment would cause hardship the Clerk may waive the fee, an amount equal to the unpaid fee shall be included in any award of costs made by the court. It is intended that this sum be paid to the court, allowing the court to recoup the amount of the remitted fee.
A provision is inserted into the Act which will specify a fee for a written application to the court for a special licence or for the restoration of the right to hold a drivers licence. No fee is currently charged for such an application. Section 292 is amended to provide that, where payment of a fee has been waived because the applicant is legally aided, or payment would cause hardship, as is provided for in subsection 292(4), an amount equal to the remitted fee shall be included as costs in any award of costs made by the court in the matter. This amount also is to be paid to the court so that the court recoups the sum of the remitted fee.
The Bill repeals the Magistrates Court (Civil Jurisdiction) (Fees) Regulations which prescribe fees for the purpose of the Act, and provides that fees may be set by ministerial determination. As a consequence of this repeal, certain technical amendments are made to the Act. Again, the fees as set by ministerial determination are, of course, disallowable by this Assembly. I present the explanatory memorandum for the Bill.
Debate (on motion by Mr Collaery) adjourned.
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