Court Procedures Forms
13Determination of fees
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13 Determination of fees (1) The Minister may determine fees for any of the following purposes: (a) proceedings in a court or the ACAT, and matters incidental to the proceedings, including— (i) for the Supreme Court—the admission of lawyers; and
(ii) the service and execution of the process of a court or the ACAT; and (iii) the assessment of costs; (b) facilities and services provided by the court or the ACAT, including the service and execution of the process of a court of the Commonwealth, a State, another Territory or a foreign country; (c) the general purposes of relevant legislation. Note 1 The Legislation Act contains provisions about the making of determinations and regulations relating to fees and charges (see pt 6.3). Note 2 A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations and rules (see Legislation Act, s 104). (2) However, the Minister must not determine fees for a proceeding in the ACAT on an application for review of a decision under the Children and Young People Act 2008, chapter 16A (Care and protection—notification and review of certain decisions). (3) A determination under subsection (1) may provide for any of the following matters: (a) exempting people from liability to pay determined fees, completely or partly, in all or particular circumstances; (b) remitting, refunding or waiving, by a registrar of a court or the ACAT, determined fees, completely or partly, in particular circumstances; (c) deferring, by a registrar of a court or the ACAT, liability to pay determined fees, completely or partly, in particular circumstances. (4) A determination under subsection (1) is a disallowable instrument.