Conveyancers (Fees) Regulations 2018 (Vic)

Version No. 001

Conveyancers (Fees) Regulations 2018

S.R. No. 61/2018

Version as at

26 May 2018

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Definition

5Fees for conveyancer's licence

6Fee for application by person involved in claim for permission to hold, or continue to hold, a licence

7Fee for application by person with criminal record for permission to hold, or continue to hold, a licence

8Fee for application by company for permission to hold, or continue to hold, a licence

9Annual licence fee

10Extension of time fee

11Late payment or lodgement fee

12Exemption from requirement to appoint manager

13Employment of disqualified persons

14Certified copy of, or extract from, the Register

═════════════

Endnotes

1      General information

2      Table of Amendments

3      Amendments Not in Operation

4      Explanatory details

Version No. 001

Conveyancers (Fees) Regulations 2018

S.R. No. 61/2018

Version as at

26 May 2018

1Objective

The objective of these Regulations is to prescribe fees for the purposes of the Conveyancers Act 2006.

2Authorising provision

These Regulations are made under section 188 of the Conveyancers Act 2006.

3Commencement

These Regulations come into operation on 26 May 2018.

4Definition

In these Regulations, the Act means the Conveyancers Act 2006.

5Fees for conveyancer's licence

For the purposes of section 13(2) of the Act, the prescribed fees for a new licence are—

(a)for the period beginning on 26 May 2018 and ending on 30 November 2018—

(i)34 fee units for an application; and

(ii)82 fee units for a licence; and

(b)on and from 1 December 2018—

(i)in the case of an applicant that is a company—

(A)30·19 fee units for an application; and

(B)60·94 fee units for a licence; and

(ii)in the case of an applicant that is a natural person—

(A)17·88 fee units for an application; and

(B)60·22 fee units for a licence.

6Fee for application by person involved in claim for permission to hold, or continue to hold, a licence

For the purposes of section 29(3)(d) of the Act, the prescribed fee is—

(a)for the period beginning on 26 May 2018 and ending on 30 November 2018, 52 fee units; and

(b)on and from 1 December 2018, 108·71 fee units.

7Fee for application by person with criminal record for permission to hold, or continue to hold, a licence

For the purposes of section 30(3)(d) of the Act, the prescribed fee is—

(a)for the period beginning on 26 May 2018 and ending on 30 November 2018, 52 fee units; and

(b)on and from 1 December 2018, 108·71 fee units.

8Fee for application by company for permission to hold, or continue to hold, a licence

For the purposes of section 31(2)(d) of the Act, the prescribed fee is—

(a)for the period beginning on 26 May 2018 and ending on 30 November 2018, 56 fee units; and

(b)on and from 1 December 2018, 152·32 fee units.

9Annual licence fee

For the purposes of section 35(1) of the Act, the prescribed annual licence fee is—

(a)for the period beginning on 26 May 2018 and ending on 30 November 2018, 82 fee units; and

(b)on and from 1 December 2018—

(i)in the case of an applicant that is a company, 60·94 fee units for a licence; and

(ii)in the case of an applicant that is a natural person, 60·22 fee units.

10Extension of time fee

For the purposes of section 36(1) of the Act, the prescribed fee on and from 1 December 2018 is 9·07 fee units.

11Late payment or lodgement fee

For the purposes of section 37(1) of the Act, the prescribed fee is—

(a)for the period beginning on 26 May 2018 and ending on 30 November 2018, 1 fee unit; and

(b)on and from 1 December 2018, 8·03 fee units.

12Exemption from requirement to appoint manager

For the purposes of section 52(3) of the Act, the prescribed fee is—

(a)for the period beginning on 26 May 2018 and ending on 30 November 2018, 7 fee units; and

(b)on and from 1 December 2018, 18·45 fee units.

13Employment of disqualified persons

For the purposes of section 56(3)(d) of the Act, the prescribed fee is—

(a)for the period beginning on 26 May 2018 and ending on 30 November 2018, 30 fee units; and

(b)on and from 1 December 2018, 18·45 fee units.

14Certified copy of, or extract from, the Register

For the purposes of section 178(4)(b) of the Act, the prescribed fee is—

(a)for the period beginning on 26 May 2018 and ending on 30 November 2018, $5; and

(b)on and from 1 December 2018, 8·37 fee units.

═════════════

Endnotes

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Conveyancers (Fees) Regulations 2018, S.R. No. 61/2018 were made on 22 May 2018 by the Lieutenant-Governor as the Governor's deputy, with the advice of the Executive Council, under section 188 of the Conveyancers Act 2006, No. 75/2006 and came into operation on 26 May 2018: regulation 3.

The Conveyancers (Fees) Regulations 2018 will sunset 10 years after the day of making on 22 May 2028 (see section 5 of the Subordinate Legislation Act 1994).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule.  Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms. 
See section 36(1A)(2A)(2B).

•     Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule.  Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule.  See section 36(3A).

•     Punctuation

All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule.  Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).

•     Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001.  Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule.  See section 36(3)(3D)(3E).

2   Table of Amendments

There are no amendments made to the Conveyancers (Fees) Regulations 2018 by statutory rules, subordinate instruments and Acts.

3   Amendments Not in Operation

There are no amendments which were Not in Operation at the date of this publication.

4   Explanatory details

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 2017 is $14.22 and from 1 July 2018 is $14.45. 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.