Criminal Procedure (Attendance of Witnesses) Amendment Regulations 2014
I, the Lieutenant-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 .
22 September 2014A. M. BLOW
Lieutenant-Governor
By His Excellency's Command,
DR. VANESSA GOODWIN
Minister for Justice
These regulations may be cited as the Criminal Procedure (Attendance of Witnesses) Amendment Regulations 2014 .
These regulations take effect on the day on which their making is notified in the Gazette.
In these regulations, the Criminal Procedure (Attendance of Witnesses) Regulations 2009 are referred to as the Principal Regulations.
4. Regulation 7 amended (Expenses of witnesses)
Regulation 7(1) of the Principal Regulations is amended by omitting the table and substituting the following table:
1.
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
2.
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 full-time adult average weekly total earnings published for Tasmania by the Australian Bureau of Statistics that, as at 1 January of the financial year immediately before the financial year in which the person has attended at the Court, were the most recently published figures for Tasmania
3.
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
5. Schedule 1 amended (Forms)
Schedule 1 to the Principal Regulations is amended by omitting Form 2 and substituting:Form 2
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 1 October 2014
These regulations are administered in the Department of Justice.
EXPLANATORY NOTE
(This note is not part of the regulation)
These regulations amend the Criminal Procedure (Attendance of Witnesses) Regulations 2009 by making –(a) a minor amendment to clarify which figures published by the Australian Bureau of Statistics are to be used to calculate certain allowances under the Criminal Procedure (Attendance of Witnesses) Act 1996 ; and(b) a minor change to the final notice that is issued to a witness under that Act.