• “(3) Regulation 6 (as in force before 1 July 2012) came into force on 15 July 1994.”

“Crown Solicitor appropriation criminal case means a criminal case to the extent only that work done on the case by or on behalf of a Crown Solicitor under, or pursuant to, the Crown Solicitor's warrant of appointment is to be funded by way of an appropriation that—

• “(a) is in Vote Attorney-General; and

• “(b) covers outputs that are or include work of that kind”.

“2A Crown Solicitor appropriation criminal cases

• The Solicitor-General must make available to Crown Solicitors information that enables them to determine what classes, descriptions, or kinds of work done on a criminal case by them or on their behalf under, or pursuant to, their warrants of appointment fall, at a particular time or times on or after 1 July 2012, within the definition in regulation 2 of a Crown Solicitor appropriation criminal case.”

• “(1A) Despite subclause (1), Crown Solicitors' claims for fees for work done (whether on criminal cases or civil matters) before 1 July 2012 must be dealt with as if the Crown Solicitors Amendment Regulations 2012 had not been made, except that this subclause and the following regulations (as inserted, amended, or replaced, on 1 July 2012) apply to those claims:

  • “(a) regulation 4(2) (senior hourly rate of remuneration):

  • “(b) regulation 12 (special cases).”

• “(1) In preparing under regulation 6(1) and after 30 June 2012 a certified scale of fees, the Solicitor-General must determine, for the purposes of these regulations and of the certified scale of fees, the senior hourly rate of remuneration for each financial year to which the certified scale of fees is to apply.

• “(2) The senior hourly rate of remuneration determined under subclauses (1) to (5) (as in force before 1 July 2012), and in force immediately before 1 July 2012, continues in force, and applies or continues to apply in respect of claims for fees for work done before, on, or after 1 July 2012 in respect of criminal cases or civil matters, until it is replaced by a new rate determined under subclause (1) (as replaced on 1 July 2012).

• “(3) After 30 June 2012 and until a replacement certified scale of fees is prepared and certified under regulation 6(1), the hourly rates prescribed in the certified scale of fees in force immediately before 1 July 2012 and prescribed for the purposes of regulation 15(2)(c) (as in force before 1 July 2012) must be taken to be the hourly rates prescribed for the purposes of regulations 14A(2)(b) and 15(2)(b) (as replaced on 1 July 2012).

• “(4) Subclause (3) does not limit the generality of subclause (2).”

• “(2) Each of the following applies to each financial year until it is revoked and replaced under subclause (1):

  • “(a) the certified scale of fees in force immediately before 1 July 2012:

  • “(b) each scale of fees prepared and certified under subclause (1) after 30 June 2012.”

“11 Basis for claiming fees

• Fees that a Crown Solicitor claims from the Crown must be—

  • “(a) assessed not on the ordinary solicitor and client basis, but under these regulations; and

  • “(b) claimed under regulation 14A so far as they are fees for work done after 30 June 2012 in respect of Crown Solicitor appropriation criminal cases; and

  • “(c) claimed under regulation 15 so far as they are fees for work done after 30 June 2012 in respect of—

    • “(i) criminal cases that are not Crown Solicitor appropriation criminal cases; or

    • “(ii) civil matters.”

“12 Special cases

• “(1) This regulation applies to a fee claimed under the rest of these regulations by a Crown Solicitor after 30 June 2012 (whether for work done before, on, or after 30 June 2012 in respect of a criminal case or a civil matter) (the fee claimed) if the Solicitor-General—

  • “(a) is, under regulation 14A(4), to determine under this regulation the amount payable; or

  • “(b) is, under regulation 15(4), referred the invoice for the fee claimed to determine under this regulation the amount payable; or

  • “(c) is satisfied that the fee claimed (whether or not it could properly be claimed under the rest of these regulations) is inadequate or excessive having regard to exceptional circumstances.

  “(2) The Solicitor-General may authorise, instead of the fee claimed, any special fee (whether lesser or greater than the fee that could properly be claimed under the rest of these regulations) the Solicitor-General considers fair and reasonable.

  “(3) In determining whether to authorise under subclause (2) a special fee greater than the fee that could properly be claimed under the rest of these regulations, the Solicitor-General may have regard to the extent (if any) to which—

  • “(a) the Solicitor-General was so far as practicable notified promptly by or on behalf of the Crown Solicitor of—

    • “(i) the work for which the special fee is claimed by the Crown Solicitor; and

    • “(ii) every reason why the Solicitor-General might under subclause (2) authorise the special fee; and

  • “(b) the Crown Solicitor has complied with any current relevant guidelines issued under subclause (4).

  “(4) The Solicitor-General may for the purposes of this regulation issue guidelines relating to special fees.

  “(5) Subclauses (3) and (4) do not limit the generality of the Solicitor-General's discretion under subclause (2), and subclause (2) does not limit, and is not limited by, the Solicitor-General's discretion under regulation 26(2).”

“14A Crown Solicitor appropriation criminal cases: Solicitor-General approval

• “(1) A Crown Solicitor who has a claim against the Crown for fees under these regulations for work done after 30 June 2012 in respect of a Crown Solicitor appropriation criminal case must—

  • “(a) claim those fees at the rate or rates applicable when the work, or each part of the work, concerned was done or, as the case may be, as special fees payable only if authorised by the Solicitor-General under regulation 12; and

  • “(b) set out full particulars of the claim in an invoice prepared and signed by the Crown Solicitor; and

  • “(c) forward the invoice to the Solicitor-General.

  “(2) The Solicitor-General must (unless subclause (3) or (4) requires the Solicitor-General to do otherwise) approve the fees claimed as payable in accordance with these regulations if,—

  • “(a) so far as the fees claimed are subject to a maximum specified in, or are of a kind or kinds otherwise provided for in, the certified scale of fees, the Solicitor-General is satisfied that,—

    • “(i) so far as they are required by these regulations to be fixed by reference to a maximum, they are fair and reasonable and do not exceed the maximum specified in the certified scale of fees:

    • “(ii) so far as they are not required by these regulations to be fixed by reference to a maximum, they are correct in accordance with the certified scale of fees; and

  • “(b) so far as the fees claimed are not subject to a maximum specified in, or are not of a kind or kinds otherwise provided for in, the certified scale of fees, in the Solicitor-General's opinion they are fair and reasonable and do not exceed, for each hour actually involved,—

    • “(i) in the case of a Crown Solicitor or senior counsel, the senior hourly rate of remuneration; or

    • “(ii) in the case of an intermediate counsel, 80% of the senior hourly rate of remuneration; or

    • “(iii) in the case of a junior counsel, 65% of the senior hourly rate of remuneration.

  “(3) The Solicitor-General must, however, approve a fee that is less than the fee claimed, but that the Solicitor-General nevertheless considers fair and reasonable, if, in the Solicitor-General's opinion,—

  • “(a) the time involved or the nature of the service actually performed in any case does not justify the payment of the fee claimed; or

  • “(b) the work occasioned in any transaction or proceeding is reduced by the fact that the transaction or proceeding is one of a number or series of transactions or proceedings that are similar, or that arise out of the same set of circumstances; or

  • “(c) the fee claimed appears to the Solicitor-General to be excessive in the light of the amount that, in the Solicitor-General's opinion, could properly be claimed under subclause (2), experience with comparable claims, or both.

  “(4) The Solicitor-General must, however, determine under regulation 12 the amount payable (instead of approving all, or the relevant part, of the invoice, under subclause (2) or (3)) if—

  • “(a) the fee claimed exceeds the amount that, in the Solicitor-General's opinion, could properly be claimed under subclause (2), and is claimed by reason of special circumstances; or

  • “(b) the Solicitor-General considers that the fee is not a proper fee to approve under subclause (2) or (3).

  “(5) The Solicitor-General must arrange the payment by the Crown Law Office of the following:

  • “(a) an invoice approved under subclause (2) or (3):

  • “(b) a special fee authorised under regulation 12 for work done in respect of a Crown Solicitor appropriation criminal case.

“15 Other criminal cases or civil matters: Registrar certification

• “(1) A Crown Solicitor who has a claim against the Crown for fees under these regulations for work done after 30 June 2012 in respect of a criminal case that is not a Crown Solicitor appropriation criminal case, or for work done after 30 June 2012 in respect of a civil matter, must—

  • “(a) claim those fees at the rate or rates applicable when the work, or each part of the work, concerned was done or, as the case may be, as special fees payable only if authorised by the Solicitor-General under regulation 12; and

  • “(b) set out full particulars of the claim in an invoice prepared and signed by the Crown Solicitor; and

  • “(c) forward the invoice to a Registrar (as defined in regulation 2).

  “(2) The Registrar must (unless subclause (3) or (4) requires the Registrar to do otherwise) certify that the fees claimed are payable in accordance with these regulations if,—

  • “(a) so far as the fees claimed are subject to a maximum specified in, or are of a kind or kinds otherwise provided for in, the certified scale of fees, the Registrar is satisfied that,—

    • “(i) so far as they are required by these regulations to be fixed by reference to a maximum, they are fair and reasonable and do not exceed the maximum specified in the certified scale of fees:

    • “(ii) so far as they are not required by these regulations to be fixed by reference to a maximum, they are correct in accordance with the certified scale of fees; and

  • “(b) so far as the fees claimed are not subject to a maximum specified in, or are not of a kind or kinds otherwise provided for in, the certified scale of fees, in the Registrar's opinion they are fair and reasonable and do not exceed, for each hour actually involved,—

    • “(i) in the case of a Crown Solicitor or senior counsel, the senior hourly rate of remuneration; or

    • “(ii) in the case of an intermediate counsel, 80% of the senior hourly rate of remuneration; or

    • “(iii) in the case of a junior counsel, 65% of the senior hourly rate of remuneration.

  “(3) The Registrar must, however, certify a fee that is less than the amount that, in the Registrar's opinion, could properly be claimed under subclause (2), but that is a lesser fee that the Registrar nevertheless considers fair and reasonable, and must certify on the invoice that the Registrar is doing so if, in the Registrar's opinion,—

  • “(a) the time involved or the nature of the service actually performed in any case does not justify the payment of the full fees set out in the certified scale of fees; or

  • “(b) the work occasioned in any transaction or proceeding is reduced by the fact that the transaction or proceeding is one of a number or series of transactions or proceedings that are similar, or that arise out of the same set of circumstances.

  “(4) The Registrar must, however, refer all, or the relevant part, of the invoice uncertified (along with a memorandum setting out the Registrar's reasons for referring all, or the relevant part, of the invoice) to the Solicitor-General to determine under regulation 12 the amount payable, if—

  • “(a) the fee claimed exceeds the amount that, in the Registrar's opinion, could properly be claimed under subclause (2), and is claimed by reason of special circumstances; or

  • “(b) the Registrar is in doubt as to whether the fee is a proper fee for the Registrar to certify.

  “(5) If the Registrar certifies the invoice under subclause (2) or (3), or receives a copy of the Solicitor-General's authorisation under regulation 12 of a special fee for work done in respect of a criminal case that is not a Crown Solicitor appropriation criminal case or in respect of a civil matter,—

  • “(a) the Registrar must return the certified invoice, or the copy of the authorisation of the special fee, to the Crown Solicitor for submission to the appropriate government department (for example, to the Crown Law Office if the invoice or the special fee is for work done by the Crown Solicitor for the Crown Law Office in respect of a criminal case that is not a Crown Solicitor appropriation criminal case); and

  • “(b) the appropriate government department's chief executive or other authorised certifying officer, if satisfied that the services charged for have been duly performed, must so certify and arrange payment.”

• “(1A) Subclause (1) is subject to subclauses (2) and (3).”

• “(1A) Subclause (1) is subject to subclauses (2) to (4).”

• “(1A) Subclause (1) is subject to subclause (2).”

• “(3) Subclause (2) does not limit, and is not limited by, regulation 12(2).”