Title: Statutes Amendment (Court Fees) Bill 2017
Author: Office of Parliamentary Counsel
Last saved by: Mrs Sandra Flintoft-Silk
Category: royal.arms.unofficial
Document comments: lc232

House of Assembly
As passed all stages and awaiting assent.
This is an unofficial copy and is subject to correction.

Statutes Amendment (Court Fees) Bill 2017

Statutes Amendment (Court Fees) Bill 2017
Part 1—Preliminary

Statutes Amendment (Court Fees) Bill 2017
Preliminary—Part 1

Statutes Amendment (Court Fees) Bill 2017
Part 2—Amendment of District Court Act 1991

Statutes Amendment (Court Fees) Bill 2017
Amendment of District Court Act 1991—Part 2

Statutes Amendment (Court Fees) Bill 2017
Part 3—Amendment of Magistrates Court Act 1991

Statutes Amendment (Court Fees) Bill 2017
Amendment of Magistrates Court Act 1991—Part 3

Statutes Amendment (Court Fees) Bill 2017
Part 4—Amendment of Sheriff's Act 1978

Statutes Amendment (Court Fees) Bill 2017
Amendment of Sheriff's Act 1978—Part 4

Statutes Amendment (Court Fees) Bill 2017
Part 5—Amendment of Supreme Court Act 1935

Statutes Amendment (Court Fees) Bill 2017
Amendment of Supreme Court Act 1935—Part 5

South Australia
Statutes Amendment (Court Fees) Bill 2017
A Bill For
An Act to amend the District Court Act 1991; the Magistrates Court Act 1991; the Sheriff's Act 1978; and the Supreme Court Act 1935.

Contents
Part 1—Preliminary
1	Short title
2	Commencement
3	Amendment provisions
Part 2—Amendment of District Court Act 1991
4	Amendment of section 53—Court fees
Part 3—Amendment of Magistrates Court Act 1991
5	Amendment of section 50—Court fees
Part 4—Amendment of Sheriff's Act 1978
6	Amendment of section 16—Regulations
Part 5—Amendment of Supreme Court Act 1935
7	Amendment of section 130—Court fees

The Parliament of South Australia enacts as follows:
Part 1—Preliminary
1—Short title
This Act may be cited as the Statutes Amendment (Court Fees) Act 2017.
2—Commencement
This Act will come into operation on a day to be fixed by proclamation.
3—Amendment provisions
In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2—Amendment of District Court Act 1991
4—Amendment of section 53—Court fees
	(1)	Section 53(1)—after "Court" insert:
, or any step in such proceedings
	(2)	Section 53—after subsection (1) insert:
	(1a)	Without limiting the generality of subsection (1), the regulations may provide for all or any of the following matters:
	(a)	specific fees;
	(b)	maximum fees;
	(c)	minimum fees;
	(d)	fees that vary according to value, time, class of matter, or on any other basis;
	(e)	fees that differ for different classes of proceedings, different classes of party or different jurisdictions of the Court;
	(f)	the manner of payment of fees;
	(g)	the time or times at which fees are to be paid,
and it is not necessary for a fee to be related to the actual administrative cost incurred.
	(1b)	The regulations may—
	(a)	be of general or limited application; and
	(b)	make different provision according to the persons, things or circumstances to which they are expressed to apply; 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 a fee or part of a fee prescribed under the regulations; and
	(e)	provide for the reduction, waiver, postponement, remission or refund, in whole or in part, of a fee prescribed under the regulations; and
	(f)	provide, in specified circumstances, for the reinstatement or payment, in whole or in part, of a fee prescribed under the regulations which was reduced, waived, postponed, remitted or refunded under the regulations; and
	(g)	confer a discretionary authority or impose a duty on the Court, a member of the Court's judiciary or the Registrar of the Court.

Part 3—Amendment of Magistrates Court Act 1991
5—Amendment of section 50—Court fees
	(1)	Section 50(1)—after "Court" insert:
, or any step in such proceedings
	(2)	Section 50—after subsection (1) insert:
	(1a)	Without limiting the generality of subsection (1), the regulations may provide for all or any of the following matters:
	(a)	specific fees;
	(b)	maximum fees;
	(c)	minimum fees;
	(d)	fees that vary according to value, time, class of matter, or on any other basis;
	(e)	fees that differ for different classes of proceedings, different classes of party or different jurisdictions of the Court;
	(f)	the manner of payment of fees;
	(g)	the time or times at which fees are to be paid,
and it is not necessary for a fee to be related to the actual administrative cost incurred.
	(1b)	The regulations may—
	(a)	be of general or limited application; and
	(b)	make different provision according to the persons, things or circumstances to which they are expressed to apply; 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 a fee or part of a fee prescribed under the regulations; and
	(e)	provide for the reduction, waiver, postponement, remission or refund, in whole or in part, of a fee prescribed under the regulations; and
	(f)	provide, in specified circumstances, for the reinstatement or payment, in whole or in part, of a fee prescribed under the regulations which was reduced, waived, postponed, remitted or refunded under the regulations; and
	(g)	confer a discretionary authority or impose a duty on the Court, a member of the Court's judiciary or a Registrar.

Part 4—Amendment of Sheriff's Act 1978
6—Amendment of section 16—Regulations
Section 16—after subsection (4) insert:
	(5)	Regulations made for the purposes of subsection (4)(b) may provide for all or any of the following matters:
	(a)	specific fees;
	(b)	maximum fees;
	(c)	minimum fees;
	(d)	fees that vary according to value, time, class of matter, or on any other basis;
	(e)	fees that differ for different classes of proceedings or different classes of party;
	(f)	the manner of payment of fees and expenses;
	(g)	the time or times at which fees are to be paid,
and it is not necessary for a fee to be related to the actual administrative cost incurred.

Part 5—Amendment of Supreme Court Act 1935
7—Amendment of section 130—Court fees
	(1)	Section 130—after subsection (1) insert:
	(1a)	Without limiting the generality of subsection (1), the regulations may provide for all or any of the following matters:
	(a)	specific fees;
	(b)	maximum fees;
	(c)	minimum fees;
	(d)	fees that vary according to value, time, class of matter, or on any other basis;
	(e)	fees that differ for different classes of proceedings, different classes of party or different jurisdictions of the court;
	(f)	the manner of payment of fees;
	(g)	the time or times at which fees are to be paid,
and it is not necessary for a fee to be related to the actual administrative cost incurred.
	(1b)	The regulations may—
	(a)	be of general or limited application; and
	(b)	make different provision according to the persons, things or circumstances to which they are expressed to apply; 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 a fee or part of a fee prescribed under the regulations; and
	(e)	provide for the reduction, waiver, postponement, remission or refund, in whole or in part, of a fee prescribed under the regulations; and
	(f)	provide, in specified circumstances, for the reinstatement or payment, in whole or in part, of a fee prescribed under the regulations which was reduced, waived, postponed, remitted or refunded under the regulations; and
	(g)	confer a discretionary authority or impose a duty on the court, a member of the court's judiciary or the registrar.
	(2)	Section 130(3)—delete subsection (3)

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