Australian Capital Territory Numbered Acts

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COURT PROCEDURES ACT 2004 (NO. 59 OF 2004) - SECT 13

Determination of fees

    (1)     The Minister may, in writing, determine fees for any of the following purposes:

        (a)     proceedings in a court or tribunal, and matters incidental to the proceedings, including—

              (i)     for the Supreme Court—the admission and enrolment of lawyers; and

              (ii)     the service and execution of the process of a court or tribunal; and

              (iii)     the taxation of costs by the registrar or other officers of a court or tribunal;

        (b)     facilities and services provided by the court or tribunal, including the service and execution of the process of a court of the Commonwealth, a State, another Territory or a foreign country;

        (c)     the general purposes of relevant legislation.

Note 1     The Legislation Act contains provisions about the making of determinations and regulations relating to fees and charges (see pt 6.3).

Note 2     A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations and rules (see Legislation Act, s 104).

    (2)     A determination under subsection (1) may provide for any of the following matters:

        (a)     exempting people from liability to pay determined fees, completely or partly, in all or particular circumstances;

        (b)     remitting, refunding or waiving, by a registrar of a court or tribunal, determined fees, completely or partly, in particular circumstances;

        (c)     deferring, by a registrar of a court or tribunal, liability to pay determined fees, completely or partly, in particular circumstances.

    (3)     A determination under subsection (1) is a disallowable instrument.

Note     A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.



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