Owners Corporations Amendment Regulations 2014 (Vic)

Owners Corporations Amendment Regulations 2014

S.R. No. 114/2014

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4New regulation 4 substituted

4Definitions

5Regulations 9 and 10 substituted

9Maximum fee for copy of owners corporation record

9AMaximum fee for copy of owners corporation register

10Maximum fee for owners corporation certificate

10AGST payable

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ENDNOTES

STATUTORY RULES 2014

S.R. No. 114/2014

Owners Corporations Act 2006

Owners Corporations Amendment Regulations 2014

The Governor in Council makes the following Regulations:

Dated: 26 August 2014

Responsible Minister:

HEIDI VICTORIA
Minister for Consumer Affairs

YVETTE CARISBROOKE

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Owners Corporations Regulations 2007 to prescribe the relevant maximum fees that may be charged by owners corporations for providing certain information under the Owners Corporations Act 2006.

2Authorising provision

These Regulations are made under section 204 of the Owners Corporations Act 2006.

3Commencement

These Regulations come into operation on 1 October 2014.

4New regulation 4 substituted

For regulation 4 of the Owners Corporations Regulations 2007[1] substitute—

"4   Definitions

In these Regulations—

GST has the same meaning as it has in the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth;

the Act means the Owners Corporations Act 2006.".

5Regulations 9 and 10 substituted

For regulations 9 and 10 of the Owners Corporations Regulations 2007 substitute—

"9   Maximum fee for copy of owners corporation record

For the purposes of section 146(3) of the Act, the prescribed maximum fee for a copy of any record of an owners corporation is the total of—

(a)in respect of the first record requested at any one time—

(i)1×15 fee units; and

(ii)if a printed copy of the electronically provided record is also requested, 20 cents per page; and

(b)in respect of each additional record provided in relation to the same request—

(i)$7.60; and

(ii)if a printed copy of any additional record electronically provided is also requested, 20 cents per page.

9AMaximum fee for copy of owners corporation register

For the purposes of section 150(3) of the Act, the prescribed maximum fee for a copy of the register or any part of the register of the owners corporation is the total of—

(a)3×03 fee units; and

(b)if a request is also made for a printed copy of the electronically provided register or a part of the register, 20 cents per page.

10Maximum fee for owners corporation certificate

(1)For the purposes of section 151(2) of the Act, the relevant prescribed maximum fee to accompany an application for an owners corporation certificate is the total of—

(a)for an owners corporation certificate that is issued within—

(i)2 business days after the owners corporation receives the application, 17×35 fee units; or

(ii)3 to 5 business days after the owners corporation receives the application, 14×46 fee units; or

(iii)6 to 10 business days after the owners corporation receives the application, 9×64 fee units; and

(b)for each additional application for an owners corporation certificate made by the same applicant paying a fee under paragraph (a) (but only if the owners corporations to whom the fees paid under paragraph (a) and this paragraph are managed by the same owners corporation manager) that is issued within—

(i)2 business days after the owners corporation receives the application, 9×54 fee units; or

(ii)3 to 5 business days after the owners corporation receives the application, 7×95 fee units; or

(iii)6 to 10 business days after the owners corporation receives the application, 5×3 fee units.

(2)If a person uses an intermediary to apply for an owners corporation certificate, the relevant prescribed maximum fee that applies is—

(a)in respect of the first application for an owners corporation certificate made on behalf of that person, the relevant prescribed maximum fee specified in subregulation (1)(a); and

(b)in respect of each additional application for an owners corporation certificate made on behalf of that person, the relevant prescribed fee specified in subregulation (1)(b) but only if—

(i)the person is the same person paying a fee in accordance with paragraph (a); and

(ii)the owners corporations to whom the fees are paid in accordance with paragraph (a) and this paragraph are managed by the same owners corporation manager.

(3)In this regulation, intermediary means a person who obtains an owners corporation certificate on behalf of another person.

10AGST payable

If any GST is chargeable on the supply to which a maximum fee prescribed by these Regulations relates, the maximum fee is increased by an amount that is equivalent to that GST.".

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ENDNOTES

[1] Reg. 4: S.R. No. 130/2007 as amended by S.R. No. 33/2011.