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 .
3 May 1999G. S. M. GREEN
Governor
By His Excellency's Command,
P. PATMORE
Minister for Justice and Industrial Relations
These regulations may be cited as the Criminal Procedure (Attendance of Witnesses) Regulations 1999 .
These regulations take effect on the day on which the Criminal Procedure (Attendance of Witnesses) Act 1996 commences.
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.
A preliminary notice is to be in accordance with Form 1 in Schedule 1.
A final notice is to be in accordance with Form 2 in Schedule 1.
(1) For the purposes of section 17 of the Act, the following is the prescribed scale:[Regulation 7 Subregulation (1) amended by No. 86 of 2000, Sched. 2, Applied:01 Jul 2001]
(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 State Service officers or State Service employees
(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[Schedule 1 Substituted by S.R. 2000, No. 7, Applied:01 Jul 2001]
Regulations 5 and 6
Form 1 - PRELIMINARY NOTICE TO WITNESS
Form 2 - FINAL NOTICE TO WITNESS
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.