EXPLANATORY STATEMENT

Select Legislative Instrument 2005 No. 109

Minute No.      of 2005 - Attorney-General

Subject -          Federal Magistrates Act 1999

Federal Magistrates Amendment Regulations 2005 (No. 1)

Subsection 120(1) of the Federal Magistrates Act 1999 (the Act) provides that the Governor-General may make regulations prescribing matters required or permitted by the Act to be prescribed or prescribing matters necessary or convenient to be prescribed for giving effect to the Act.  In addition, paragraph 120(3)(a) of the Act relevantly provides that the regulations may make provision for or in relation to fees to be paid in respect of proceedings in the Federal Magistrates Court and in respect of the service or the execution of process in the Federal Magistrates Court by officers of the Federal Magistrates Court

The purpose of these Regulations is to increase the fee for filing an application for divorce in the Federal Magistrates Court from $288 to $334. 

The Federal Magistrates Court was consulted on this policy initiative.

Details of the Regulations are set out in the Attachment.

The Act does not specify any conditions that need to be met before the power to make the Regulations may be exercised.

The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.

The Regulations will commence on 1 July 2005.

 

 

Authority: Sub-section 120(1) of the

     Federal Magistrates Act 1999

 

Attachment

Details of the amendments to the Federal Magistrates Amendment Regulations 2005 (No. 1)

 

Regulation 1 – Name of Regulations

Regulation 1 provides that the Regulations be called the Federal Magistrates Amendment Regulations 2005 (No. 1).

 

Regulation 2 – Commencement

Regulation 2 provides that the Federal Magistrates Amendment Regulations 2005 (No. 1) commence on 1 July 2005.

 

Regulation 3 – Amendment of Federal Magistrates Regulations 2000

Regulation 3 provides for the amendment of the Federal Magistrates Regulations 2000 (the Principal Regulations) as set out in Schedule 1.

 

Schedule 1 - Amendments

Previous Schedule 1 to the Principal Regulations specifies the fees applicable for matters in the Federal Magistrates Court.

 

Schedule 1 to the Regulations amends Schedule 1 to the Principal Regulations as follows:

 

Item 1 - Schedule 1, item 1

 

Item 1 inserts a reference to item 2A as a further exemption to the general filing fee.

 

Item 2 - Schedule 1, after item 2

Schedule 1, item 1 to the Principal Regulations provides that the filing fee for all matters, other than those listed in items 2 and 3 (filing applications under certain provisions of the Human Rights and Equal Opportunity Commission Act 1986 and Family Law Act 1975) shall be $576 for corporations and $288 in all other cases.  This means that the filing fee for a divorce was formerly pursuant to schedule 1, item 1, namely $288.

 

Item 2 inserts a new item 2A in the Principal Regulations. New Item 2A provides that the fee for filing a document which commences a proceeding for a decree of dissolution of marriage in the Federal Magistrates Court is $334.