141Payment of fees

141 Payment of fees

(1)  A copy of the table of fees in force for the time being shall be conspicuously exhibited at each place appointed by the Governor, or ordinarily used, for holding courts of petty sessions and the office of each clerk of petty sessions, and at the foot of each copy there shall be printed section 137 .

(2)  A justice or clerk of petty sessions may refuse to do any act or thing in respect of which a fee is payable under this Act unless that fee is first duly paid.

(3)  If any such act or thing is done, and the fee due thereon is not paid, the clerk to whom the fee should have been paid may recover it in a summary way before a justice.

(4)  [Section 141 Subsection (4) substituted by No. 44 of 2004, s. 40, Applied:16 Nov 2004] If a justice or clerk of petty sessions is satisfied that paying a fee would cause a person undue hardship, the justice or clerk of petty sessions may –

(a) waive the fee; or

(b) reduce the fee; or

(c) refund the whole or any part of the fee already paid; or

(d) allow time to pay the whole or any part of the fee.

(5)  Where it is not otherwise expressly appointed, every such fee shall, in the first instance, be payable, and paid by the party (whether prosecutor or otherwise) on whose behalf or at whose instance the particular act or thing is done, or required to be done, but shall be eventually repaid to him by the defendant or adverse party if the justices think fit so to order.