Australian Capital Territory Numbered Acts

MAGISTRATES COURT (CIVIL JURISDICTION) (AMENDMENT) ACT 1991 (NO. 39 OF 1991) - SECT 8

8. Section 292 of the Principal Act is amended—

    (a)     by omitting from subsection (1) all words after “court fees as” and substituting “determined under section 307B are payable”;

    (b)     by inserting after subsection (1) the following subsection:

“(1A) Without limiting the generality of subsection (1), court fees as determined under section 307B are payable in respect of an application—

        (a)     under subsection 13A (1) of the Motor Traffic Act 1936 ; or

        (b)     under subsection 36 (2) or 40 (1) of the Motor Traffic (Alcohol and Drugs) Act 1977 .”;

    (c)     by omitting from subsection (2) “prescribed fee” and substituting “determined fee”; and

    (d)     by inserting after subsection (4) the following subsection:

“(4A) Where—

        (a)     pursuant to subsection (4) a court fee is not payable by a person;

        (b)     in the relevant proceedings, judgment is given or entered in favour of that person; and

        (c)     that person's costs in the proceedings are payable by the other party to the proceedings;

the Court shall order the other party to pay to the clerk by way of costs, in addition to any other costs, an amount equal to the amount that would have been payable by the first-mentioned person but for subsection (4).”.