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 .
11 May 2009PETER G. UNDERWOOD
Governor
By His Excellency's Command,
LARA GIDDINGS
Minister for Justice
These regulations may be cited as the Criminal Procedure (Attendance of Witnesses) Regulations 2009 .
These regulations take effect on 12 May 2009.
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 S.R. 2014, No. 95, Applied:01 Oct 2014]
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
(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[Schedule 1 Amended by S.R. 2014, No. 95, Applied:01 Oct 2014]
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.