Legal Profession Uniform Law Application (Practising Certificate Fees) Regulations 2018 (Vic)

Version No. 001

Legal Profession Uniform Law Application (Practising Certificate Fees) Regulations 2018

S.R. No. 7/2018

Version as at

1 March 2018

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Practising certificate fees until 30 June 2018

5Practising certificate fees from 1 July 2018

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Endnotes

1      General information

2      Table of Amendments

3      Amendments Not in Operation

4      Explanatory details

Version No. 001

Legal Profession Uniform Law Application (Practising Certificate Fees) Regulations 2018

S.R. No. 7/2018

Version as at

1 March 2018

1Objective

The objective of these Regulations is to prescribe fees to be paid for Australian practising certificates under the Legal Profession Uniform Law Application
Act 2014 for the remainder of the 2017/2018 financial year and for the financial years 2018/2019, 2019/2020, 2020/2021, 2021/2022, 2022/2023, 2023/2024, 2024/2025, 2025/2026, 2026/2027 and 2027/2028.

2Authorising provision

These Regulations are made under section 156 of the Legal Profession Uniform Law Application Act 2014.

3Commencement

These Regulations come into operation on 1 March 2018.

4Practising certificate fees until 30 June 2018

(1)For the purposes of section 73(1)(a) of the Legal Profession Uniform Law Application Act 2014, the prescribed fee for an Australian practising certificate for the financial year beginning on 1 July 2017 and ending on

30 June 2018 is—

(a)for a practising certificate authorising the holder to receive trust money, 36·50 fee units;

(b)for a practising certificate not authorising the holder to receive trust money, 24·71 fee units.

(2)Despite subregulation (1), if an Australian practising certificate is only to be in force for part of the financial year referred to in subregulation (1), the fee for that practising certificate is—

(a)in the case of a practising certificate

that is to take effect between 1 March and 31 March—50% of the relevant prescribed fee;

(b)in the case of a practising certificate that is to take effect between 1 April and 30 June—25% of the relevant prescribed fee.

(3)A fee under subregulation (2) must be rounded to the nearest whole dollar.

5Practising certificate fees from 1 July 2018

(1)This regulation applies to the following financial years—

(a)1 July 2018 to 30 June 2019;

(b)1 July 2019 to 30 June 2020;

(c)1 July 2020 to 30 June 2021;

(d)1 July 2021 to 30 June 2022;

(e)1 July 2022 to 30 June 2023;

(f)1 July 2023 to 30 June 2024;

(g)1 July 2024 to 30 June 2025;

(h)1 July 2025 to 30 June 2026;

(i)1 July 2026 to 30 June 2027;

(j)1 July 2027 to 30 June 2028.

(2)For the purposes of section 73(1)(a) of the Legal Profession Uniform Law Application Act 2014, the prescribed fee for an Australian practising certificate for a financial year to which this regulation applies is—

(a)for a practising certificate for a principal

of a law practice that is a community legal service, 15·47 fee units;

(b)for a practising certificate for a principal of any other law practice which authorises the holder to receive trust money, 43·04 fee units;

(c)for a practising certificate for a principal of any other law practice which does not authorise the holder to receive trust money, 30·03 fee units;

(d)for a practising certificate for an employee of a law practice that is a community legal service, 15·47 fee units;

(e)for a practising certificate for an employee of any other law practice, 28·06 fee units;

(f)for a practising certificate for a corporate legal practitioner, 16·88 fee units;

(g)for a practising certificate for a government legal practitioner, 15·47 fee units;

(h)for a practising certificate for a barrister, 24·33 fee units.

(3)Despite subregulation (2), if an Australian practising certificate is only to be in force for part of a financial year, the fee for that practising certificate is—

(a)in the case of a practising certificate

that is to take effect between 1 July and 30 September—the relevant prescribed fee;

(b)in the case of a practising certificate

that is to take effect between 1 October and 31 December—75% of the relevant prescribed fee;

(c)in the case of a practising certificate

that is to take effect between 1 January and 31 March—50% of the relevant prescribed fee;

(d)in the case of a practising certificate

that is to take effect between 1 April and 30 June—25% of the relevant prescribed fee.

(4)A fee under subregulation (3)(b), (c) or (d) must be rounded to the nearest whole dollar.

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Endnotes

1   General information

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

The Legal Profession Uniform Law Application (Practising Certificate Fees) Regulations 2018, S.R. No. 7/2018 were made on 6 February 2018 by the Governor in Council, on the recommendation of the Victorian Legal Services Board, under section 156 of the Legal Profession Uniform Law Application Act 2014, No. 17/2014 and came into operation on 1 March 2018: regulation 3.

The Legal Profession Uniform Law Application (Practising Certificate Fees) Regulations 2018, S.R. No. 7/2018 will sunset 10 years after the day of making on 6 February 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 Legal Profession Uniform Law Application (Practising Certificate 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. 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.