Magistrates Court Act 1991

The Governor may, by regulation, prescribe and provide for the payment of fees in relation to proceedings in the Court, or any step in such proceedings.

Without limiting the generality of subsection (1), the regulations may provide for all or any of the following matters:

specific fees;

maximum fees;

minimum fees;

fees that vary according to value, time, class of matter, or on any other basis;

fees that differ for different classes of proceedings, different classes of party or different jurisdictions of the Court;

the manner of payment of fees;

the time or times at which fees are to be paid, and it is not necessary for a fee to be related to the actual administrative cost incurred.

The regulations may—

be of general or limited application; and

make different provision according to the persons, things or circumstances to which they are expressed to apply; and

provide in a specified case or class of case for the exemption of any proceeding, person or thing, or a class of proceeding, person or thing, from any of the provisions of the regulations, whether—

unconditionally or on specified conditions; and

either wholly or to such an extent as is specified;

provide for the payment in advance of a fee or part of a fee prescribed under the regulations; and

provide for the reduction, waiver, postponement, remission or refund, in whole or in part, of a fee prescribed under the regulations;

provide, in specified circumstances, for the reinstatement or payment, in whole or in part, of a fee prescribed under the regulations which was reduced, waived, postponed, remitted or refunded under the regulations;

confer a discretionary authority or impose a duty on the Court, a member of the Court's judiciary or a Registrar.

The Court may remit or reduce a fee on account of the poverty of the party by whom the fee is payable or for any other proper reason.