1
Short title
1 Short title
These regulations may be cited as the Criminal Procedure (Attendance of Witnesses) Regulations 2019 .
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Tasmania regulation
Criminal Procedure (Attendance of Witnesses) Regulations 2019
In ForceTASPlain English Summary
3/10 complexity
These regulations set the practical rules for serving witness notices and reimbursing witnesses under the Criminal Procedure (Attendance of Witnesses) Act 1996. They require personal service, prescribe standard preliminary and final notice forms, and establish how witness expenses and loss of earnings are calculated and paid, linking allowances to the Tasmanian State Service Award, ABS average earnings or professional scales; reimbursement is payable only for actual loss.
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Current sections
Direct links to the current provisions in Criminal Procedure (Attendance of Witnesses) Regulations 2019.
2
Commencement
2 Commencement
These regulations take effect on 12 May 2019.
3
Interpretation
3 Interpretation
In these regulations –
Act means the Criminal Procedure (Attendance of Witnesses) Act 1996 .
4
Notice to be served personally
4 Notice to be served personally
A notice required to be served under the Act must be served personally.
5
Preliminary notice
5 Preliminary notice
For the purposes of section 5 of the Act, the prescribed form of a preliminary notice is a form in accordance with Form 1 in Schedule 1 .
6
Final notice
6 Final notice
For the purposes of section 10 of the Act, the prescribed form of a final notice is a form in accordance with Form 2 in Schedule 1 .
7
Expenses of witnesses
7 Expenses of witnesses
(1) For the purposes of section 17 of the Act, the following is the prescribed scale:
| Item | Matter | Prescribed scale | | 1. | For meals, travelling and accommodation | the same rate and on the same terms as is prescribed from time to time for the equivalent allowance in clause 3 of Part IV of the Tasmanian State Service Award made by the Tasmanian Industrial Commission | | 2. | For loss of salary, wages or income resulting from a person's attendance at the Court, if the person is not an expert witness (for each hour, or part of an hour) | the actual loss incurred, up to a maximum of 2.5% of the seasonally adjusted average weekly total earnings of a full-time adult employee in Tasmania, as published by the Australian Bureau of Statistics in the most recent issue of Catalogue Number 6302.0 | | 3. | For loss of salary, wages or income resulting from a person's attendance at the Court, if the person is an expert witness – | | | | (a) if there is a professional body governing the professional discipline, in relation to which the expert witness has attended the Court, and that body applies a rate according to a scale applicable to that discipline | that rate or scale | | | (b) if there is no such scale | up to the actual loss of salary, wages or income incurred by the person as a result of the person's attendance at the Court as an expert witness |
(2) Compensation for loss of salary, wages or income is not payable unless the person incurs an actual loss of salary, wages or income as a result of attending Court.
SCHEDULE 1 - Forms
SCHEDULE 1 - Forms
SCHEDULE 1 - Forms SCHEDULE 1 - Forms
Regulations 5 and 6
Form 1
Form 1
Form 1 Form 1
Form 2
Form 2
Form 2 Form 2
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 8 May 2019
These regulations are administered in the Department of Justice.
Source text
Sourced from Tasmanian Legislation Online (legislation.tas.gov.au), CC BY 4.0.
1 Short title
1 Short title
These regulations may be cited as the Criminal Procedure (Attendance of Witnesses) Regulations 2019 .
2 Commencement
2 Commencement
These regulations take effect on 12 May 2019.
3 Interpretation
3 Interpretation
In these regulations –
Act means the Criminal Procedure (Attendance of Witnesses) Act 1996 .
4 Notice to be served personally
4 Notice to be served personally
A notice required to be served under the Act must be served personally.
5 Preliminary notice
5 Preliminary notice
For the purposes of section 5 of the Act, the prescribed form of a preliminary notice is a form in accordance with Form 1 in Schedule 1 .
6 Final notice
6 Final notice
For the purposes of section 10 of the Act, the prescribed form of a final notice is a form in accordance with Form 2 in Schedule 1 .
7 Expenses of witnesses
7 Expenses of witnesses
(1) For the purposes of section 17 of the Act, the following is the prescribed scale:
| Item | Matter | Prescribed scale | | 1. | For meals, travelling and accommodation | the same rate and on the same terms as is prescribed from time to time for the equivalent allowance in clause 3 of Part IV of the Tasmanian State Service Award made by the Tasmanian Industrial Commission | | 2. | For loss of salary, wages or income resulting from a person's attendance at the Court, if the person is not an expert witness (for each hour, or part of an hour) | the actual loss incurred, up to a maximum of 2.5% of the seasonally adjusted average weekly total earnings of a full-time adult employee in Tasmania, as published by the Australian Bureau of Statistics in the most recent issue of Catalogue Number 6302.0 | | 3. | For loss of salary, wages or income resulting from a person's attendance at the Court, if the person is an expert witness – | | | | (a) if there is a professional body governing the professional discipline, in relation to which the expert witness has attended the Court, and that body applies a rate according to a scale applicable to that discipline | that rate or scale | | | (b) if there is no such scale | up to the actual loss of salary, wages or income incurred by the person as a result of the person's attendance at the Court as an expert witness |