Federal Magistrates Amendment Regulations 2006 (No. 3)1
Select Legislative Instrument 2006 No. 235
I, PHILIP MICHAEL JEFFERY, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Federal Magistrates Act 1999.
Dated 7 September 2006
P. M. JEFFERY
Governor‑General
By His Excellency’s Command
PHILIP RUDDOCK
Attorney‑General
1              Name of Regulations
                These Regulations are the Federal Magistrates Amendment Regulations 2006 (No. 3).
2              Commencement
                These Regulations commence on 1 October 2006.
3              Amendment of Federal Magistrates Regulations 2000
                Schedule 1 amends the Federal Magistrates Regulations 2000.
Schedule 1        Amendments
(regulation 3)
  
[1]           Schedule 1
substitute
Schedule 1        Fees
(regulation 4)
 
Item
Document or action
Fee

1
Filing a document by which a proceeding in the Federal Magistrates Court (other than a proceeding mentioned in item 2, 2A or 3) seeking final orders is commenced:
 

 
   (a)  if a corporation is liable to pay the fee
$698

 
   (b)  in any other case
$350

2
Filing an application under section 46PO or 46PP of the Human Rights and Equal Opportunity Commission Act 1986
$50

2A
Filing a document by which a proceeding in the Federal Magistrates Court under the Family Law Act 1975 for a divorce order is commenced
$405

3
Filing a document by which a proceeding in the Federal Magistrates Court under the Family Law Act 1975 about a financial matter or a matter under Part VII seeking final orders is commenced
$121

4
Filing a document seeking interlocutory, interim or procedural orders (other than a proceeding under the Family Law Act 1975 or a proceeding mentioned in item 2):
 

 
   (a)  if a corporation is liable to pay the fee
$419

 
   (b)  in any other case
$209

4A
Filing of an application to review an exercise of power by the Registrar, under subsection 104 (2) of the Act (other than in relation to family law or child support proceedings):
 

 
   (a)  if a corporation is liable to pay the fee
$419

 
   (b)  in any other case
$209

5
Setting down for hearing for final orders of a proceeding or an issue in question in a proceeding (other than a proceeding under the Bankruptcy Act 1966 or a proceeding mentioned in item 2 or 5A):
 

 
   (a)  if a corporation is liable to pay the fee
$837

 
   (b)  in any other case
$419

5A
Setting down for hearing for final orders of a proceeding or an issue in question in a proceeding under the Family Law Act 1975 (other than an undefended proceeding):
 

 
   (a)  if a corporation is liable to pay the fee
$728

 
   (b)  in any other case
$364

6
Filing, by a person other than the applicant, a document seeking the making of final orders different from those sought by the applicant (otherwise than in a proceeding under the Family Law Act 1975 or a proceeding mentioned in item 2):
 

 
   (a)  if a corporation is liable to pay the fee
$698

 
   (b)  in any other case
$350

7
Filing, by a person other than the applicant, a document seeking the making of final orders different from those sought by the applicant in a proceeding under the Family Law Act 1975 about a financial matter or a matter under Part VII:
 

 
   (a)  if a corporation is liable to pay the fee
$242

 
   (b)  in any other case
$121

8
Mediation by a court officer of the Federal Magistrates Court (otherwise than in a proceeding under the Family Law Act 1975 or a proceeding mentioned in item 2) — for the first attendance at the mediation
$278

9
Each service or execution, or attempted service or execution, of the process of the Federal Magistrates Court by an officer of the Court (in a proceeding other than a proceeding under the Family Law Act 1975 or a proceeding mentioned in item 2)
An amount equal to the amount of any expenses reasonably incurred in the service or execution, or attempted service or execution, of the process of the Court, together with a charge calculated at the hourly rate of salary payable to the officer of the Court

10
Seizure and sale of goods by an officer of the Federal Magistrates Court in the execution of the process of the Court (except in relation to a proceeding under the Admiralty Act 1988, a proceeding under the Family Law Act 1975 or a proceeding mentioned in item 2)
$319

11
Filing of an application for an order for substituted service of a bankruptcy notice:
 

 
   (a)  if a corporation is liable to pay the fee
$182

 
   (b)  in any other case
$91

12
Filing of an application under section 663 of the Workplace Relations Act 1996
The fee payable under subsection 644 (2) or (3) of the Workplace Relations Act 1996

Note   The fees mentioned in this Schedule (except the fees mentioned in items 2, 9 and 12) are subject to increase under regulation 14.
Note
1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.frli.gov.au.