{"id":"tas:sr-2023-065","name":"Justices Regulations 2023","slug":"justices-regulations-2023","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"65 of 2023","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":179380,"registerId":"tas-tas:sr-2023-065-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> These regulations may be cited as the [Justices Regulations 2023](/view/html/inforce/2026-04-12/sr-2023-065) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> These regulations take effect on 18 December 2023.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Fees","content":"### 3 Fees\n\n> > (1)  The fees, costs and charges set out in [Schedule 1](#JS1@EN) are prescribed as the fees, costs and charges payable under the [Justices Act 1959](/view/html/inforce/2026-04-12/act-1959-077) in respect of the matters to which they relate.\n> \n> > (2)  Despite [subregulation (1)](#GS3@Gs1@EN) , a party to proceedings is not required to pay the fee, cost or charge for a transcript, or copy of a transcript, of the whole or part of the proceedings, that is provided to the party by the clerk of petty sessions, if the party –\n> > \n> > > > (a) is an assisted person within the meaning of the [Legal Aid Commission Act 1990](/view/html/inforce/2026-04-12/act-1990-042) ; and\n> > > \n> > > > (b) is unsuccessful in those proceedings.\n> \n> > (3)  Despite [subregulation (1)](#GS3@Gs1@EN) , a fee, cost or charge set out in [Schedule 1](#JS1@EN) is not payable in respect of an application under the [Family Violence Act 2004](/view/html/inforce/2026-04-12/act-2004-067) .","sortOrder":2},{"sectionNumber":"SCHEDULE 1 - Fees","sectionType":"part","heading":"SCHEDULE 1 - Fees","content":"# SCHEDULE 1 - Fees SCHEDULE 1 - Fees\n\n[Regulation 3(1)](#GS3@Gs1@EN)\n\n|  |  | Fee units |\n| 1. | Fee for preparation of a complaint and summons or any other document | 20 (per defendant) |\n| 2. | Filing fee on any document (excluding a summons on a complaint) | 20 |\n| 3. | Service fee on a document | 11 |\n| 4. | Fee on a warrant of apprehension | 50 |\n| 5. | Fee on a warrant of commitment in the case of non-payment of a monetary penalty not executed in court | 50 |\n| 6. | Fee for a transcript provided to a person if the court does not require a transcript | 2 (per page) |\n| 7. | Fee for a copy of a transcript | 1 (per page) |\n| 8. | Fee for a copy of any other document | 1 (per page) |\n| 9. | Fee for a copy of a recording provided to a person | 20 (per disc) |\n| 10. | Fee for the issue of a certificate of conviction | 25 |\n\nDisplayed and numbered in accordance with the *[Rules Publication Act 1953](/view/html/inforce/current/act-1953-050)*.\n\nNotified in the *Gazette* on 20 September 2023\n\nThese regulations are administered in the Department of Justice.","sortOrder":3}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument does not change what matters fall under the Justices Act; it prescribes the monetary fees and limited exemptions for specified processes. It adjusts cost allocation (who pays) and administrative practice (who provides transcripts) but does not alter substantive legal rights or the Act's jurisdiction."},"complexity_factors":["Simple, prescriptive structure: single regulation that applies Schedule 1 fee list (reg 3(1))","Two conditional exemptions add modest branching (reg 3(2)–(3))","Cross‑references to three other Acts (Justices Act 1959; Legal Aid Commission Act 1990; Family Violence Act 2004) require checking external definitions","Fees stated in fee units rather than direct dollar amounts (Schedule 1), requiring conversion by users","Operational detail: clerk of petty sessions is the provider of exempt transcripts (reg 3(2)), implying an administrative process","Administered by the Department of Justice and has a fixed commencement date (18 Dec 2023)"],"plain_english_summary":"These regulations prescribe the fees payable under the Justices Act 1959 for court documents, warrants, transcripts, recordings and certificates, listing amounts in fee units in Schedule 1 and commencing 18 December 2023. Generally, parties to proceedings must pay the listed fees; two narrow exemptions apply: transcripts provided by the clerk are free to unsuccessful assisted persons (Legal Aid Commission Act 1990) (reg 3(2)), and applications under the Family Violence Act 2004 are exempt (reg 3(3))."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Insufficient content was provided to assess whether the scope of these regulations diverged from the original intent of the enabling Justices Act. The document as supplied contains only administrative metadata (version date, amendment table references, responsible minister pointer) with no substantive regulatory provisions visible."},"complexity_factors":["Only metadata and status information was provided — no substantive regulatory content was available for analysis, preventing assessment of actual complexity","Regulations of this type typically involve procedural and administrative rules that can be moderately technical but are generally straightforward in structure","The Justices Act framework in Tasmania involves multiple court actors (JPs, magistrates, court staff, lawyers) which can add procedural layers","Regulations are subordinate legislation (made under a parent Act), so their interpretation requires cross-referencing the enabling Justices Act"],"plain_english_summary":"This regulation implements the Justices Act in Tasmania by setting the practical, administrative rules that govern how magistrates courts and justices of the peace operate day‑to‑day — e.g., fees, forms, filing and hearing procedures. It affects Tasmanians appearing in lower courts, JPs, lawyers and government agencies interacting with the magistrates’ system. It matters because procedural rules can materially affect legal outcomes."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulations perform exactly the function suggested by the parent Act's framework: prescribing fees for court processes. The two exemptions (legal aid unsuccessful parties and family violence applications) are standard policy carve-outs consistent with contemporary access-to-justice principles, not scope creep."},"complexity_factors":["Very short: only 3 operative regulations plus a schedule","Minimal cross-referencing: only references to the parent Act (Justices Act 1959) and two other Acts for exemption purposes","Simple conditional logic: only two 'despite' subregulations creating exemptions (subregulations 3(2) and 3(3))","Straightforward tabular schedule: 10 line items with clear descriptions and fee unit values","No defined terms section; only one technical term used ('assisted person') which is defined by reference to another Act"],"plain_english_summary":"This is a short piece of Tasmanian subordinate legislation (regulations) that sets out the fees people must pay when dealing with the Magistrates Court (called the 'Court of Petty Sessions' in older Tasmanian law). It covers costs for things like filing court documents, serving papers on someone, getting arrest warrants, and obtaining copies of transcripts or recordings.\n\n**Key things it does:**\n\n*   **Sets fees:** Schedule 1 lists specific charges — for example, $20 to file a document, $50 for a warrant, or $1 per page for document copies. (Tasmania uses 'fee units' which are dollar amounts set elsewhere, so '20 fee units' means a specific dollar value.)\n*   **Protects vulnerable people:** If you have legal aid (are an 'assisted person') and lose your case, you don't have to pay for court transcripts.\n*   **Supports family violence victims:** No fees are charged for applications under the Family Violence Act 2004 — removing a financial barrier for people seeking protection orders.\n\n**Who it affects:** Anyone using the Tasmanian lower courts for criminal or civil matters, plus lawyers, police, and court staff who process these documents."}},"importantCases":[],"_links":{"self":"/api/acts/justices-regulations-2023","history":"/api/acts/justices-regulations-2023/history","analysis":"/api/acts/justices-regulations-2023/analysis","conflicts":"/api/acts/justices-regulations-2023/conflicts","importantCases":"/api/acts/justices-regulations-2023/important-cases","documents":"/api/acts/justices-regulations-2023/documents"}}