Regulations

156 Regulations

(1)

The Governor-General may, by Order in Council, make regulations for all or any of the following purposes:

(a)

prescribing the applications, matters, and proceedings for which fees are payable under this Act:

(b)

prescribing scales of fees for the purposes of this Act and for the purposes of any applications, matters, and proceedings before a senior court under this Act or any other enactment:

(c)

prescribing the fees, travelling allowances, and expenses payable to interpreters and to persons giving evidence in proceedings to which this Act applies:

(d)

in relation to a service performed by a Registrar or Deputy Registrar under this Act and specified in regulations made under paragraph (e), authorising a Registrar or Deputy Registrar to charge a reasonable fee calculated on the actual expense incurred in performing the service:

(e)

specifying the services (other than services for which a fee is already prescribed under this Act) performed by a Registrar or Deputy Registrar under this Act for which that person may charge a fee:

(f)

making provision in relation to the postponement, under the regulations, of the payment of any fee, which provision may (without limitation) include provision—

(i)

for the recovery of the fee after the expiry of the period of postponement; and

(ii)

for restrictions to apply (after the expiry of the period of postponement and so long as the fee remains unpaid) on the steps that may be taken in the proceedings in respect of which the fee is payable:

(g)

altering or revoking any rules relating to fees contained in the High Court Rules, any rules made under section 148, or any other rules of court:

(h)

providing for such matters as are contemplated by or necessary for giving full effect to the provisions of this Act and for its due administration.

(2)

Regulations made under this section may prescribe different fees in respect of proceedings in different courts.

(3)

Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

Compare: 1908 No 89 s 100A

Legislation Act 2019 requirements for secondary legislation made under this section
PublicationPCO must publish it on the legislation website and notify it in the GazetteLA19 s 69(1)(c)
PresentationThe Minister must present it to the House of RepresentativesLA19 s 114, Sch 1 cl 32(1)(a)
DisallowanceIt may be disallowed by the House of Representatives LA19 ss 115, 116
This note is not part of the Act.

Section 156(3): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).