Adoption (Intercountry Fees) Regulations 2012 (Vic)

Version No. 001

Adoption (Intercountry Fees) Regulations 2012

S.R. No. 151/2012

Version as at

16 December 2012

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Revocation

5Section 51 fee—Secretary supervising a non-citizen child

6Section 68 fee—Secretary supervising a non-citizen child

7Fee for application for approval as fit and proper person to
adopt non-citizen child

8Fees for assessment of applicants for adoption of child outside Australia

9Fees in relation to administrative and other expenses incurred
by the Secretary or principal officer

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ENDNOTES

1.  General Information

2.  Table of Amendments

3.  Explanatory Details

Version No. 001

Adoption (Intercountry Fees) Regulations 2012

S.R. No. 151/2012

Version as at

16 December 2012

1Objective

The objective of these Regulations is to make provision for fees to be paid in relation to the adoption of non-citizen children under the Adoption Act 1984.

2Authorising provision

These Regulations are made under section 130 of the Adoption Act 1984.

3Commencement

These Regulations come into operation on 16 December 2012.

4Revocation

The Adoption (Intercountry Fees) Regulations 2002[1] are revoked.

5Section 51 fee—Secretary supervising a non-citizen child

For the purposes of section 51(2) of the Adoption Act 1984, the amount prescribed is 136·8 fee units.

6Section 68 fee—Secretary supervising a non-citizen child

For the purposes of section 68(5) of the Adoption Act 1984, the amount prescribed is 136·8 fee units.

7Fee for application for approval as fit and proper person to adopt non-citizen child

The amount prescribed for the purposes of an application for approval as a fit and proper person to adopt a non-citizen child is 9·7 fee units.

8Fees for assessment of applicants for adoption of child outside Australia

For the purposes of section 112(1) of the Adoption Act 1984, the amount prescribed for assessment of an applicant and the making of a report is—

(a)151·4 fee units in the case of an application by a person who, or by persons one of whom, has already adopted a non-citizen child; or

(b)258·9 fee units in the case of any other application.

9Fees in relation to administrative and other expenses incurred by the Secretary or principal officer

The fee payable by an applicant to adopt a non‑citizen child to cover administrative and other expenses incurred by the Secretary or principal officer in preparing, or providing copies of, documents on behalf of applicants, in addition to any fee payable under regulation 5, 6, 7 or 8, is—

(a)in relation to an application for approval as a suitable person to adopt a non-citizen child—

(i)97·7 fee units in the case of an application by a person who, or by persons one of whom, has already adopted a non-citizen child; or

(ii)117·2 fee units in the case of any other application;

(b)for the preparation of all reports and other documents for the overseas country from which the child is being adopted, other than a report provided for in paragraph (c), 127 fee units;

(c)for the preparation of all reports in relation to post-placement supervision and support of a child, 97·7 fee units.

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ENDNOTES

1.     General Information

The Adoption (Intercountry Fees) Regulations 2012, S.R. No. 151/2012 were made on 11 December 2012 by the Governor in Council under section 130 of the Adoption Act 1984, No. 10150/1984 and came into operation on 16 December 2012: regulation 3.

The Adoption (Intercountry Fees) Regulations 2012 will sunset 10 years after the day of making on 11 December 2022 (see section 5 of the Subordinate Legislation Act 1994).

2.     Table of Amendments

There are no amendments made to the Adoption (Intercountry Fees) Regulations 2012 by statutory rules, subordinate instruments and Acts.

3.     Explanatory Details

[1] Reg. 4: S.R. No. 129/2002 as amended by S.R. No. 130/2005.

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Fee Units

These Regulations provide for fees by reference to fee units within the meaning of the Monetary Units Act 2004.

The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.

The value of a fee unit for the financial year commencing 1 July 2012 is $12.53.  The amount of the calculated fee may be rounded to the nearest 10 cents.

The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004.  The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.