Criminal Procedure (Attendance of Witnesses) Regulations 2009

Criminal Procedure (Attendance of Witnesses) Regulations 2009

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 .

PETER G. UNDERWOOD

Governor

By His Excellency's Command,

LARA GIDDINGS

Minister for Justice

1.   Short title

These regulations may be cited as the Criminal Procedure (Attendance of Witnesses) Regulations 2009 .

2.   Commencement

These regulations take effect on 12 May 2009.

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 clause 3 of Part IV of the Tasmanian State Service Award made by the Tasmanian Industrial Commission.
(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 total earnings of a full-time adult employee in Tasmania as published by the Australian Bureau of Statistics in the August issue (catalogue number 6302.0) of the previous year.
(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 for loss of salary, wages or income 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

Form 1

Form 2

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

Notified in the Gazette on 12 May 2009

These regulations are administered in the Department of Justice.

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; and

(c) are made consequentially on the repeal of the Criminal Procedure (Attendance of Witnesses) Regulations 1999 under section 11 of the Subordinate Legislation Act 1992 .