AUSTRALIAN CAPITAL TERRITORY

Coroners (Amendment) Act 1994
No. 7 of 1994
	
An Act to amend the Coroners Act 1956
	[Notified in ACT Gazette S44: 14 March 1994]
	The Legislative Assembly for the Australian Capital Territory enacts as follows:
Short title
1.  This Act may be cited as the Coroners (Amendment) Act 1994.
Commencement
2.  This Act commences on the day on which it is notified in the Gazette.
Principal Act
3.  In this Act, “Principal Act” means the Coroners Act 1956.1
Interpretation
4.  Section 4 of the Principal Act is amended by inserting the following definition:
“ ‘Registrar’ means the Registrar or a Deputy Registrar of the Coroner’s Court;”.
Insertion
5.  Before Part VI of the Principal Act the following Part is inserted:
“Part VB—fees and charges
Fees and charges—determination
“34P.  (1)  The Minister may, by notice in writing published in the Gazette, determine fees and charges for any of the following purposes:
	(a)	proceedings in the Coroner’s Court, and matters incidental to such proceedings, including the service and execution of the process of the Coroner’s Court;
	(b)	facilities and services provided by the Coroner’s Court;
	(c)	the general purposes of this Act and the regulations.
“(2)  A determination under subsection (1) may provide for any of the following matters:
	(a)	the exemption of persons from liability to pay fees for the service and execution of process, in whole or in part;
	(b)	exemptions from liability for the payment of fees for the service and execution of process, in whole or in part, in particular circumstances; 
	(c)	the remission or refund of fees or charges by the Registrar, in whole or in part, in particular circumstances;
	(d)	the deferral of liability by the Registrar for the payment of fees or charges, in whole or in part, in particular circumstances.
“(3)  A determination under subsection (1) is a disallowable instrument for the purposes of section 10 of the Subordinate Laws Act 1989.
Fees and charges—payment
“34Q.  (1)  A fee or charge determined under subsection 34P (1) is payable, in advance, in accordance with the determination, subject to this section.
“(2)  A fee or charge determined under subsection 34P (1) is payable on notification from the Registrar if it is calculated by reference to expenses actually incurred in performing the function, or in providing the facility or service, for which the fee or charge is payable.
“(3)  If a fee or charge determined under subsection 34P (1) and payable in advance is not paid when due, there is no obligation on the Registrar or the Coroner’s Court to perform the function, or provide the facility or service, for which the fee or charge is payable.
Fees and charges—remission, refund, deferral, waiver, exemption 
“34R.  (1)  A fee or charge determined under subsection 34P (1) may be remitted or refunded, or liability for its payment deferred, in accordance with the determination.
“(2)  A fee or charge determined under subsection 34P (1) is not payable—
	(a)	if the person otherwise liable to pay the fee or charge is—
	(i)	exempt from paying the fee or charge under subsection 93 (1) of the Legal Aid Act 1977; or
	(ii)	legally assisted under a scheme or service provided or approved by the Attorney-General; or
	(b)	if the Registrar waives payment of the fee or charge in whole or in part because he or she considers that it would impose hardship on the person liable to pay the fee or charge—to the extent of the waiver.
Fees and charges—review of decisions
“34S.  (1)  The following decisions of the Registrar are reviewable under this section:
	(a)	a decision referred to in paragraph 34P (2) (c) in relation to the remission or refund of a fee or charge (in whole or in part);
	(b)	a decision referred to in paragraph 34P (2) (d) in relation to the deferral of liability for the payment of a fee or charge (in whole or in part);  
	(c)	a decision under paragraph 34R (2) (b) in relation to the waiver of payment of a fee or charge (in whole or in part).
“(2)  After making a reviewable decision, the Registrar shall give a written notice of the decision to the eligible person including a statement to the effect that—
	(a)	the person may apply to the Registrar for a statement of reasons for the decision; and
	(b)	the person may apply to the Coroner for review of the decision within the review period.
“(3)  On written application by the eligible person within 28 days after the person’s receipt of a notice under subsection (2), the Registrar shall give the person a written statement of reasons for the relevant decision.
“(4)  On written application by the eligible person within the review period, the Coroner may review a reviewable decision.
“(5)  On a review under subsection (4), the Coroner may make such order as he or she considers appropriate.
“(6)  No fee or charge is payable in relation to an application for review under subsection (4).
“(7)  In this section—
‘eligible person’, in relation to a reviewable decision, means the person who claims to be entitled to the relevant remission, refund, deferral or waiver;
‘review period’, in relation to a reviewable decision, means—
	(a)	the period of 28 days after receipt by the eligible person of notice of the decision under subsection (2); or
	(b)	if the eligible person applies under subsection (3) for a statement of reasons for the decision—the period of 28 days after he or she receives the statement of reasons.”.
	
NOTE
1.	Reprinted as at 31 August 1991.  See also Act No. 44, 1991.
[Presentation speech made in Assembly on 9 December 1993]

©  Australian Capital Territory 1994