Commonwealth Numbered Regulations

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1996 No. 188 FAMILY LAW REGULATIONS (AMENDMENT) - REG 5

5. Regulation 16 (Fee in respect of appeals)
5.1 Subregulation 16 (3): Omit the subregulation, substitute:

"(3) The court fee referred to in subregulation (1) is not payable if:

   (a)  the appellant has been granted legal aid, under a legal aid scheme or
        service established under Commonwealth, State or Territory law or
        approved by the Attorney-General, for the matter to which the
        proceedings relate; or

   (b)  the appellant is, at the time of filing a notice of appeal:

        (i)    the holder of one of the following cards issued by the
               Department of Social Security:

                (A)  a health care card;

                (B)  a health benefit card;

                (C)  a pensioner concession card;

                (D)  a Commonwealth seniors health card; or

        (ii)   the holder of any other card issued by the Department of Social
               Security or the Department of Veterans' Affairs that certifies
               entitlement to Commonwealth health concessions; or

        (iii)  an inmate of a prison or otherwise lawfully detained in a
               public institution; or

        (iv)   a child under the age of 18 years; or

        (v)    in receipt of AUSTUDY within the meaning of the AUSTUDY
               Regulations; or

        (vi)   in receipt of benefits under the Commonwealth student
               assistance scheme known as the ABSTUDY Scheme; or

   (c)  a registrar, having regard to the income, day to day living expenses,
        liabilities and assets of the appellant, waives payment of the fee
        because, in his or her opinion, it would cause financial hardship to
        the appellant. (Note: Regulation 16A makes provision in relation to
        the review of a decision of a registrar under paragraph (3) (c).)".

5.2 Subregulation 16 (4): Omit "for the reason specified in paragraph 3 (a),
the Principal Registrar shall", substitute "under subregulation (3), a
registrar must".

5.3 Add at the end:

"(5) In this regulation, 'appeal' includes 'cross appeal', and 'appellant'
includes 'cross appellant'. (Note: The following note is taken to be inserted
after subregulation 16 (1):
'(Note: This fee is subject to increase under Part IIAA.))'.". 


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