Criminal Procedure (Attendance of Witnesses) Regulations 1999

Criminal Procedure (Attendance of Witnesses) Regulations 1999

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Criminal Procedure (Attendance of Witnesses) Act 1996 .

G. S. M. GREEN

Governor

By His Excellency's Command,

P. PATMORE

Minister for Justice and Industrial Relations

1.   Short title

These regulations may be cited as the Criminal Procedure (Attendance of Witnesses) Regulations 1999 .

2.   Commencement

These regulations take effect on the day on which the Criminal Procedure (Attendance of Witnesses) Act 1996 commences.

3.   Interpretation

In these regulations,

Act means the Criminal Procedure (Attendance of Witnesses) Act 1996 .

4.   Notice to be served personally

A notice required to be served under the Act must be served personally.

5.   Preliminary notice

A preliminary notice is to be in accordance with Form 1 in Schedule 1.

6.   Final notice

A final notice is to be in accordance with Form 2 in Schedule 1.

7.   Expenses of witnesses

(1)  For the purposes of section 17 of the Act, the following is the prescribed scale:

(a) for meals, travelling and accommodation	the same rate and on the same terms as is prescribed from time to time for the equivalent allowance in the General Conditions of Service Award made under the Industrial Relations Act 1984 in respect of persons who are permanent or temporary employees under the Tasmanian State Service Act 1984
(b) for loss of salary, wages or income resulting from a person's attendance at the Court, if the person is not an expert witness (for each hour, or part of an hour)	the actual loss incurred, up to a maximum of 2.5% of the seasonally adjusted average weekly earnings of a full time adult employee in Tasmania as published by the Australian Bureau of Statistics for the quarter most recently preceding that attendance.
(c) for loss of salary, wages or income resulting from a person's attendance at the Court, if the person is an expert witness	such amount as the Registrar considers just and reasonable in the circumstances.

(2)  Compensation is not payable unless the person incurs an actual loss of salary, wages or income as a result of attending Court.

SCHEDULE 1 - Forms

Regulations 5 and 6

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 12 May 1999

These regulations are administered in the Department of Justice and Industrial Relations.

EXPLANATORY NOTE

(This note is not part of the regulation)

(a) make provision for the payment of compensation and expenses to witnesses; and

(b) prescribe forms for a preliminary notice to witness and a final notice to witness.