Partnership (Fees) Regulations 2023 (Vic)

Version No. 001

Partnership (Fees) Regulations 2023

S.R. No. 55/2023

Version as at

24 June 2023

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provisions

3Commencement

4Revocation

5Definition

6Fees

7Revocation of these Regulations

Schedule 1—Fees to be paid to the Registrar

═════════════

Endnotes

1      General information

2      Table of Amendments

3      Explanatory details

Version No. 001

Partnership (Fees) Regulations 2023

S.R. No. 55/2023

Version as at

24 June 2023

1Objective

The objective of these Regulations is to prescribe fees payable under the Partnership Act 1958.

2Authorising provisions

These Regulations are made under sections 80 and 128 of the Partnership Act 1958.

3Commencement

These Regulations come into operation on 24 June 2023.

4Revocation

The Partnership (Fees) Regulations 2013[1] are revoked.

5Definition

In these Regulations—

the Act means the Partnership Act 1958.

6Fees

For the purposes of a provision of the Act specified in Column 2 of Schedule 1, the prescribed fee is the amount specified opposite in Column 4 of that Schedule.

7Revocation of these Regulations

These Regulations are revoked on 24 June 2025.

SCHEDULE 1—FEES TO BE PAID TO THE REGISTRAR

Regulation 6

Column 1	Column 2	Column 3	Column 4
Item	Provision of the Act	Type of fee	Amount
1	Section 79B	Lodgement of application for registration as a limited partnership under section 54 of the Act	28 fee units
2	Section 79B	Lodgement of statement notifying the Director of change of registered particulars of a limited partnership under section 56 of the Act	4 fee units
3	Section 80(2)(c)	Inspection of the Register of limited partnerships under section 57 of the Act	2 fee units
4	Section 80(2)(c)	Supply of a certificate under section 58(2) of the Act	4×5 fee units
5	Section 88(3)	Application for registration as incorporated limited partnership	28 fee units
6	Section 90(3)	Inspection of Register of incorporated limited partnerships	2 fee units
7	Section 91(3)	Lodgement of statement notifying the Director of change of registered particulars of an incorporated limited partnership	4 fee units
8	Section 92(2)	Issue of a certificate recording a change in the registered particulars of an incorporated limited partnership	4×5 fee units
9	Section 92(2)	Issue of a certificate correcting an error or omission in the Register of incorporated limited partnerships	4×5 fee units
10	Section 92(3)	Issue of certificate in relation to an incorporated limited partnership as to the formation and registered particulars as at that time of the incorporated limited partnership	4×5 fee units
11	Section 120(5)	Lodgement of a document, statement or notice for an incorporated limited partnership that was incorporated on the basis of an intention to apply for registration under Part 2 of the Venture Capital Act 2002 of the Commonwealth	4×5 fee units

═════════════

ENDNOTES

1   General information

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

The Partnership (Fees) Regulations 2023, S.R. No. 55/2023 were made on 20 June 2023 by the Governor in Council under sections 80 and 128 of the Partnership Act 1958, No. 6330/1958 and came into operation on 24 June 2023: regulation 3.

The Partnership (Fees) Regulations 2023 will be revoked on 24 June 2025: see regulation 7.

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 Partnership (Fees) Regulations 2023 by statutory rules, subordinate instruments and Acts.

3   Explanatory details

[1] Reg. 4: S.R. No. 77/2013.

——

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 2022 is $15.29 and for the financial year commencing 1 July 2023 is $15.90. 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.