Regulations
56 Regulations
The Governor in Council may make regulations for or with respect to—
fees or charges payable in respect of anything done by the sheriff in or in relation to the execution of any warrant or other process, including—
the issue or execution of a warrant or other process; or
the amendment, alteration or variation of a warrant or other process; or
the supply of a duplicate copy of a warrant or other process;
S. 56(1)(ab) inserted by No. 17/2022 s. 96.
fees or charges payable in respect of the service of—
a foreign judicial document; or
an interstate or Commonwealth judicial document;
generally prescribing any other matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to the Act.
S. 56(1A) inserted by No. 47/2014 s. 330.
Regulations made under this Act may provide for the waiver or refund of a fee or charge fixed under subsection (1)(a), and the waiver or refund—
may be expressed to apply either generally or specifically—
in respect of certain matters or classes of matters; and
in respect of certain persons or classes of persons; and
may be subject to specified conditions.
A power conferred by subsection (1)(a) to make regulations providing for the imposition of fees or charges may be exercised by providing for all or any of the following matters—
specific fees or charges;
maximum fees or charges;
minimum fees or charges;
fees or charges that vary according to value or time;
the manner of payment of fees or charges;
the time or times at which fees or charges are to be paid.
The regulations may—
be of general or of limited application;
differ according to differences in time, place or circumstance;
confer a discretionary authority or impose a duty on a specified person or a specified class of person.
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