129Regulations

129 Regulations (1) The Governor in Council may make regulations for or with respect to— S. 129(1)(a) substituted by No. 64/1990 s. 14(a). (a) the fees payable in respect of any matter in the Court; S. 129(1)(b) amended by No. 9/2009 s. 71. (b) the fees payable in respect of anything done by a bailiff in or in relation to the execution of any warrant or other process; (c) prescribing a fund for the purposes of section 128(1)(g); (d) generally prescribing any other matter or thing required or permitted by this Part to be prescribed or necessary to be prescribed to give effect to this Part. (2) A power conferred by subsection (1) to make regulations providing for the imposition of fees may be exercised by providing for all or any of the following matters— (a) specific fees; (b) maximum fees; (c) minimum fees; S. 129(2)(d) amended by No. 64/1990 s. 14(b). (d) fees that vary according to value or time or class of matter; S. 129(2)(da) inserted by No. 62/2014 s. 108(1). (da) different fees for different classes of proceedings or different classes of party; (e) the manner of payment of fees; (f) the time or times at which fees are to be paid— and it is not necessary for the amount of any fee to be related to the cost of providing the service. S. 129(2A) inserted by No. 62/2014 s. 108(2). (2A) The regulations may— (a) be of general or limited application; and (b) differ according to differences in time, place or circumstances; and (c) provide in a specified case or class of case for the exemption of any proceeding, person or thing or a class of proceeding, person or thing from any of the provisions of the regulations, whether— (i) unconditionally or on specified conditions; and (ii) either wholly or to such an extent as is specified; and (d) provide for the payment in advance of any fee fixed under subsection (1)(a); and (e) provide for proportionate consequences of failure to pay any fee fixed under subsection (1)(a); and (f) provide for the reduction, waiver, postponement, remission or refund, in whole or in part, of any fee fixed under subsection (1)(a); and (g) provide, in specified circumstances, for the reinstatement or payment, in whole or in part, of any fee fixed under subsection (1)(a) which was reduced, waived, postponed, remitted or refunded by or in accordance with the regulations; and (h) confer a discretionary authority or impose a duty on any Judge of the Court, an Associate Judge, a judicial registrar or a specified court official or a specified class of judge, class of judicial registrar or court official; and (i) leave any matter or thing dealt with by or in accordance with the regulations to be decided by a specified court official or class of court official. S. 129(3) inserted by No. 9/1995 s. 11(1), amended by No. 62/2014 s. 108(3). (3) Subject to the regulations or any power to reduce, waive, postpone, remit or refund any fee fixed under subsection (1)(a), the prothonotary or a deputy prothonotary at or for the place where a proceeding is to be heard may, having regard to the income, day to day living expenses, liabilities and assets of the person liable to pay a fee prescribed under subsection (1)(a), waive payment of that fee if, in his or her opinion, the payment of that fee by that person would cause him or her financial hardship and, in that case, that prescribed fee is not payable. S. 129(4) inserted by No. 62/2014 s. 108(4). (4) If the regulations provide for a remission or refund of a fee fixed under subsection (1)(a), the Consolidated Fund is appropriated to the necessary extent to enable any remission or refund to be paid. New s. 129A inserted by No. 1/2022 s. 28, repealed by No. 110/1986 s. 129A(4). Pt 7A (Headings and ss 129A–129D) inserted by No. 11/2020 s. 43, amended by No. 27/2020 s. 42, repealed by No. 110/1986 s. 129D (as amended by No. 27/2020 s. 42). Pt 8 (Heading) substituted by No. 51/2000 s. 11(c).