Guardianship and Administration (Fees) Regulations 2022 (Vic)

Version No. 001

Guardianship and Administration (Fees) Regulations 2022

S.R. No. 15/2022

Version as at

1 March 2022

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Definition

5Assessment of fortnightly income

6Annual fees

7When fees are payable

8Waiver of fees

═════════════

Endnotes

1      General information

2      Table of Amendments

3      Explanatory details

Version No. 001

Guardianship and Administration (Fees) Regulations 2022

S.R. No. 15/2022

Version as at

1 March 2022

1Objective

The objective of these Regulations is to provide for the payment of annual fees to be paid in respect of estates which are the subject of an administration order.

2Authorising provision

These Regulations are made under section 194 of the Guardianship and Administration Act 2019.

3Commencement

These Regulations come into operation on 1 March 2022.

4Definition

In these Regulations—

estate means an estate which is subject to an administration order in any financial year.

5Assessment of fortnightly income

For the purposes of these Regulations, the fortnightly income of an estate must be assessed by dividing all income received or accrued by the estate during the previous financial year by 26.

6Annual fees

The annual fee for an estate—

(a)in the case of an estate with a fortnightly income of less than $930 is nil; and

(b)in the case of an estate with a fortnightly income of $930 or more is 9 fee units.

7When fees are payable

The annual fee for an estate is payable on or before 31 December following the end of the financial year in which the fortnightly income of the estate was assessed.

8Waiver of fees

VCAT may of its own motion, or on an application by the administrator, waive all or part of a fee payable under these Regulations if VCAT is of the opinion that the fee would cause undue hardship to the person in respect of whom an administration order has been made.

═════════════

Endnotes

1   General information

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

The Guardianship and Administration (Fees) Regulations 2022, S.R. No. 15/2022 were made on 22 February 2022 by the Governor in Council under section 194 of the Guardianship and Administration Act 2019, No. 13/2019 and came into operation on 1 March 2022: regulation 3.

The Guardianship and Administration (Fees) Regulations 2022 will sunset 10 years after the day of making on 22 February 2032 (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 Guardianship and Administration (Fees) Regulations 2022 by statutory rules, subordinate instruments and Acts.

3   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 2021 is $15.03. 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.