Commonwealth Numbered Regulations - Explanatory Statements

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HIGH COURT OF AUSTRALIA (FEES) AMENDMENT REGULATIONS 2000 (NO. 1) 2000 NO. 14

STATUTORY RULES 2000 NO. 14

ISSUED BY THE AUTHORITY OF THE ATTORNEY-GENERAL

Judiciary Act 1903

High Court of Australia (Fees) Amendment Regulations 2000 (No. 1)

Section 88, of the Judiciary Act 1903 provides for the Governor-General to make regulations prescribing matters, amongst others, necessary or convenient to be prescribed for carrying out or giving effect to the Act, including prescribing certain fees in respect of proceedings in the High Court. Pursuant to this power, the High Court of Australia (Fees) Regulations 1991 ("the Principal Regulations") were made, prescribing certain matters concerning the practice and procedure of the High Court of Australia.

The purpose of the Regulations is to amend the Principal Regulations, to make consequential amendments to provide fee exemptions for youth allowance and austudy recipients.

Under the Principal Regulations, fees are imposed under regulation 4 for filing; regulation 4A for hearing and regulation 5 for daily hearing fees. These fees are not payable on the grounds listed under r.4(4); r4A(2) and r.5(2), respectively.

Subparagraphs 4(4)(b)(v), 4A(2)(c)(v) and 5(2)(c)(v) currently provide for exemptions from the payment of various fees where the person liable to pay the fee is "in receipt of AUSTUDY within the meaning of the AUSTUDY Regulations."

An amendment to the Principal Regulations is required to change the current wording from "AUSTUDY within the meaning of the AUSTUDY Regulations" to "youth allowance, or austudy payment, within the meaning of the Social Security Act 1991".

The Social Security Legislation Amendment (Youth Allowance) Act 1998 and the Social Security Legislation Amendment (Youth Allowance Consequential and Related Measures) Act 1998 have introduced a new social security payment: "youth allowance." Youth allowance is available to people below 25 years of age if undertaking full time study, and below 21 otherwise. A new payment ("austudy", as opposed to "AUSTUDY") has been established for students aged 25 or over.

The amendment is necessary to ensure consistency between the Social Security Legislation Amendment (Youth Allowance) Act 1998, the Social Security Legislation Amendment (Youth Allowance Consequential and Related Measures) Act 1998 and the Principal Regulations.

The Regulations commenced on gazettal.