2012 No 258 New South Wales Criminal Procedure Amendment (Fees) Regulation 2012 under the Criminal Procedure Act 1986 Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Criminal Procedure Act 1986. GREG SMITH, MP Attorney General Explanatory note The object of this Regulation is to increase certain fees payable in relation to criminal proceedings. This Regulation is made under the Criminal Procedure Act 1986, including sections 4 (the general regulation-making power), 4A (Fees) and 114. Published LW 22 June 2012 Page 1 2012 No 258 Clause 1 Criminal Procedure Amendment (Fees) Regulation 2012 Criminal Procedure Amendment (Fees) Regulation 2012 under the Criminal Procedure Act 1986 1 Name of Regulation This Regulation is the Criminal Procedure Amendment (Fees) Regulation 2012. 2 Commencement This Regulation commences on 1 July 2012 and is required to be published on the NSW legislation website. Page 2 2012 No 258 Criminal Procedure Amendment (Fees) Regulation 2012 Amendment of Criminal Procedure Regulation 2010 Schedule 1 Schedule 1 Schedule 2 Amendment of Criminal Procedure Regulation 2010 Omit the Schedule. Insert instead: Schedule 2 Part 1 Item 1 Fees (Clauses 10 and 11) Court fees Fee $ 83.00 Matter for which fee payable Filing a court attendance notice under Chapter 4 of the Criminal Procedure Act 1986 to commence proceedings to which Parts 2­4 of that Chapter apply Filing an application under Chapter 4 of the Criminal Procedure Act 1986 to commence proceedings to which Part 5 of that Chapter applies, being proceedings in the Land and Environment Court (Class 5 of that Court's jurisdiction) 2 829.00 3 Filing an application to commence summary proceedings 1,640.00 brought in the District Court, other than proceedings brought by the secretary of an industrial organisation of employees Filing an application to the Local Court for annulment of 83.00 conviction or sentence under Part 2 of the Crimes (Appeal and Review) Act 2001 Filing a notice of appeal, or an application for leave to appeal, to the District Court under Part 3 of the Crimes (Appeal and Review) Act 2001: (a) (b) in relation to a single offence 102.00 in relation to more than 1 offence arising from the 158.00 same court appearance 4 5 6 Filing a notice of appeal, or an application for leave to 829.00 appeal, to the Land and Environment Court under Part 4 of the Crimes (Appeal and Review) Act 2001 (Class 6 or 7 of that Court's jurisdiction) Issuing a certificate of conviction or dismissal 54.00 7 Page 3 2012 No 258 Criminal Procedure Amendment (Fees) Regulation 2012 Schedule 1 Amendment of Criminal Procedure Regulation 2010 Item 8 Matter for which fee payable Retrieving, providing access to and furnishing a copy of any document (otherwise than as provided for by items 9 and 11): (a) (b) for up to 20 pages for each 10 pages (or part thereof) after the first 20 pages Fee $ 11.40 5.65 9 Retrieving and providing access to, but not furnishing a copy of, any file or box of files, where the file or box of files is retrieved from: (a) the Government Records Repository or any other off-site storage facility (other than the State Archives): (i) (ii) standard retrieval request 12.30 per file or box of files non-standard retrieval request (including an Such additional urgent, high or after hours priority retrieval fee incurred by a request or a retrieval request for delivery to court or from a regional location outside the Sydney metropolitan area) 30.85 per file or box of files 46.75 (b) 10 11 the State Archives--standard retrieval request Supplying a duplicate recording of sound-recorded evidence--per cassette tape or disc Providing a copy of any deposition or transcript (unless otherwise provided for under any other Act): (a) for each page, where the matter being transcribed is under 3 months old: (i) (ii) (b) for up to 8 pages for each page after the first 8 pages 79.00 9.70 for each page, where the matter being transcribed is 3 months old or older: (i) (ii) for up to 8 pages for each page after the first 8 pages 97.00 11.00 Page 4 2012 No 258 Criminal Procedure Amendment (Fees) Regulation 2012 Amendment of Criminal Procedure Regulation 2010 Schedule 1 Part 2 Item 1 Sheriff's fees Fee $ 163.00 Matter for which fee payable Attending a view by a jury in criminal proceedings Page 5