2010 No 205 New South Wales Consumer, Trader and Tenancy Tribunal Amendment (Fees) Regulation 2010 under the Consumer, Trader and Tenancy Tribunal Act 2001 Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Consumer, Trader and Tenancy Tribunal Act 2001. VIRGINIA JUDGE, MP Minister for Fair Trading Explanatory note The object of this Regulation is to increase certain fees payable: (a) in respect of applications to have matters dealt with by the Consumer, Trader and Tenancy Tribunal, and (b) for the issue of a summons, and (c) for a copy of a document (other than a written record or transcript of evidence or proceedings). The fee increases are generally in line with movements in the Consumer Price Index (rounded to the nearest dollar). This Regulation also effects minor law revision. This Regulation is made under the Consumer, Trader and Tenancy Tribunal Act 2001, including sections 40 (2) and 86 (the general regulation-making power). Published LW 28 May 2010 Page 1 2010 No 205 Clause 1 Consumer, Trader and Tenancy Tribunal Amendment (Fees) Regulation 2010 Consumer, Trader and Tenancy Tribunal Amendment (Fees) Regulation 2010 under the Consumer, Trader and Tenancy Tribunal Act 2001 1 Name of Regulation This Regulation is the Consumer, Trader and Tenancy Tribunal Amendment (Fees) Regulation 2010. 2 Commencement This Regulation commences on 1 July 2010 and is required to be published on the NSW legislation website. Page 2 Consumer, Trader and Tenancy Tribunal Amendment (Fees) Regulation 2010 Amendment of Consumer, Trader and Tenancy Tribunal Regulation 2009 2010 No 205 Schedule 1 Schedule 1 [1] Amendment of Consumer, Trader and Tenancy Tribunal Regulation 2009 Clause 42 Fees generally Omit clause 42 (1). Insert instead: (1) [2] The fees payable to the Registrar are set out in Schedule 2. Clause 44 Copies of record of proceedings and other documents Omit "tape" from clause 44 (b). [3] Schedule 2 Omit the Schedule. Insert instead: Schedule 2 Fees (Clause 42 (1)) Item 1 Type of fee Fee Application to have a matter dealt with in the Residential $35 Parks Division, Retirement Villages Division, Tenancy Division or Social Housing Division Application to have a matter dealt with in the Strata and Community Schemes Division Application to have a matter dealt with in the General Division, Home Building Division or Motor Vehicles Division: (a) if the amount claimed or in dispute is not more than $10,000 or if no amount is claimed or in dispute if the amount claimed or in dispute is more than $10,000 but is not more than $30,000 if the amount claimed or in dispute is more than $30,000 $35 $72 2 3 (b) (c) 4 $72 $187 Application to have a matter dealt with in the Commercial Division: (a) if the application is under section 86 or 86A of the Credit Act 1984 $623 Page 3 2010 No 205 Schedule 1 Consumer, Trader and Tenancy Tribunal Amendment (Fees) Regulation 2010 Amendment of Consumer, Trader and Tenancy Tribunal Regulation 2009 Item Type of fee (b) if the application is made under the Consumer Credit (New South Wales) Code: (i) (ii) (c) by a credit provider under section 101 of the Code in any other case Fee $623 $79 any other application to have a matter dealt with in that Division: (i) if the amount claimed or in dispute is not more than $10,000 or if no amount is claimed or in dispute $35 (ii) (iii) 5 6 if the amount claimed or in dispute is more $72 than $10,000 but is not more than $30,000 if the amount claimed or in dispute is more $187 than $30,000 $39 Issue of a summons Copying all or part of a record of proceedings or other document (other than a written record or transcript of evidence or proceedings): (a) (b) for up to 13 pages for each page after that $27 $2 Note. See clause 45 for circumstances where a fee may be reduced or may not be payable. Page 4