South Australia
Statutes Amendment (Court Fees) Act 2017
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)