Criminal Procedure Act 2011

Miscellaneous and transitional provisions - Miscellaneous provisions

382: Payment and recovery of fees

You could also call this:

"Paying court fees: what you need to know when you go to court"

When you go to court, you usually have to pay a fee. You have to pay this fee before the court officer or Registrar does anything for you. If the court officer or Registrar does something for you without getting the fee first, what they did is still valid. You can find more information about this by looking at the Criminal Procedure Act 2011 and other related laws.

If you are a police officer or a government employee doing your job, you might not have to pay a fee. But if you don't pay the fee when you are supposed to, the government can ask you for the money and you will have to pay it back. This is like paying a debt that you owe to the government.

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"Paying court fees and fines: what you need to do"


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Part 8Miscellaneous and transitional provisions
Miscellaneous provisions

382Payment and recovery of fees

  1. All prescribed fees must be paid in the first instance by the party on whose behalf any proceedings are taken.

  2. Subject to subsection (4), no judicial officer or Registrar may do any act for which a prescribed fee is payable unless the fee is first paid.

  3. No act referred to in subsection (2), if done without the prescribed fee being first paid, is invalid by reason only of the non-payment of the fee.

  4. Except as provided in regulations made under this Act, no fee is payable by any of the following persons in respect of proceedings instituted by that person in the execution of his or her duty:

  5. a constable:
    1. a duly appointed officer or employee of the Crown or of any local authority or other statutory public body or board.
      1. In default of the payment of any prescribed fees by the person by whom they are payable in the first instance, the amount is recoverable as a debt due to the Crown.

      2. Repealed
      3. Repealed
      Compare
      Notes
      • Section 382(6): repealed (without coming into force), on , by section 18 of the Criminal Procedure Amendment Act 2013 (2013 No 25).
      • Section 382(7): repealed (without coming into force), on , by section 18 of the Criminal Procedure Amendment Act 2013 (2013 No 25).