New South Wales Consolidated Acts

CRIMINAL PROCEDURE ACT 1986 - SECT 4A

4A Fees

(1) The regulations may make provision for or with respect to the following matters--

(a) the fees payable to a court in relation to the conduct of criminal proceedings in the court, including fees for the following--

(i) the filing or registration of any document in the court,

(ii) the sealing or other authentication of any document that has been filed in the court,

(iii) the issue of any document out of the court,

(b) the fees payable in relation to the functions exercised by the Sheriff in relation to criminal proceedings,

(c) the fees payable for administrative services provided by a registrar or other officer of the court, whether in connection with the administration of this Act or otherwise,

(d) the payment of fees under this Act, including--

(i) the waiver, postponement or remission, in part or in whole, of the fees, and

(ii) the persons to whom the fees are payable, and

(iii) the time at which the fees become due, and

(iv) the persons liable to pay the fees.

(1A) A regulation made under subsection (1)(d)(i) may authorise a registrar of a court or the Sheriff to--

(a) waive, postpone or remit fees payable to the court or the Sheriff, as relevant, and

(b) impose conditions on the waiver, postponement or remission of the fees.

(1B) A reference in subsection (1A) to a registrar is, in relation to the Supreme Court, a reference to--

(a) the Principal Registrar of the Court, or

(b) another registrar of the Court nominated by the Principal Registrar.

(2) Fees of the kind referred to in subsection (1) (a) or (b) are not payable by the Crown, or by any person acting on behalf of the Crown, with respect to any criminal proceedings prosecuted by--

(a) the Crown,

(b) any Minister of the Crown,

(c) any person or body prescribed by the regulations or belonging to a class of persons or bodies so prescribed.

(2A) Despite subsection (2), such fees are payable by any NSW Government agency or statutory body representing the Crown prescribed by the regulations for the purposes of this subsection.

(3) Subsection (2) does not prevent the recovery by the Crown or any such person or body of any fees that would, had they been paid by the Crown or any such person or body, have been so recoverable.

(4) Unpaid fees may be recovered by the person to whom they are payable, as a debt, in any court of competent jurisdiction.

(5) In this section,
"criminal proceedings" means proceedings for an offence (whether summary or indictable), and includes the following--

(a) committal proceedings,

(b) proceedings relating to bail,

(c) proceedings relating to sentence,

(d) proceedings on an appeal against conviction or sentence.