Professional Standards Amendment Act 2007 (Vic)

Professional Standards Amendment Act 2007

No. 27 of 2007

table of provisions

Section  Page

1Purpose

2Commencement

3Principal Act

4Definitions

5Professional Standards Council Fund

6New sections 52A and 52B inserted

52ADelegation

52BCouncil may enter into agreements

7Regulations

8New section 60 inserted

60Transitional provisions—Professional Standards Amendment Act 2007

9Clause 1 of Schedule 4 repealed

10Repeal of Act

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Endnotes

Professional Standards Amendment Act 2007

No. 27 of 2007

[Assented to 26 June 2007]

The Parliament of Victoria enacts:

1Purpose

The purpose of this Act is to amend the Professional Standards Act 2003—

(a)to provide for the establishment of a new Professional Standards Council Fund and the closure of the existing fund;

(b)to provide for delegation powers and further regulation-making powers, including powers relating to the payment of fees by members of occupational associations.

2Commencement

(1)This Act, except sections 5 and 8, comes into operation on the day after the day on which it receives the Royal Assent.

(2)Sections 5 and 8 come into operation on 1 July 2007.

3Principal Act

In this Act, the Professional Standards Act 2003 is called the Principal Act.

4Definitions

In section 4(1) of the Principal Act insert the following definitions—

"annual fee means a fee payable to the Council by an occupational association whose members are subject to a scheme in force under the Act;

annual fee period, in relation to a scheme, means the period of 12 months beginning on the date on which the scheme commences and each anniversary of that date;

Secretary means the Secretary to the Department of Justice;".

5Professional Standards Council Fund

(1)For section 52(1) of the Principal Act substitute—

"(1)The Council must establish and keep an account to be known as the Professional Standards Council Fund.".

(2)After section 52(2)(b) of the Principal Act insert—

"(ba)all money forming part of the Fund by virtue of section 60; and".

(3)For section 52(3) of the Principal Act substitute—

"(3)The money standing to the credit of the Fund is to be applied as directed by the Council in the payment of—

(a)expenses incurred in carrying out the Council's functions by the Council or on its behalf; or

(b)expenses incurred by a committee established under section 49 in carrying out the committee's functions under this Act; or

(c)any payments to be made—

(i)to members of the Council under this Act; and

(ii)to other persons engaged to carry out functions under this Act; or

(d)any other expenses incurred in the administration of this Act.".

6New sections 52A and 52B inserted

After section 52 of the Principal Act insert—

"52A   Delegation

The Council, in writing, may delegate to the Secretary or to a person employed under Part 3 of the Public Administration Act 2004 as an executive within the meaning of that Act, any function of the Council, other than—

(a)this power of delegation; or

(b)a function under Division 1 of Part 2, section 34 or Part 4.

Note

Section 42A(1)(b) of the Interpretation of Legislation Act 1984 provides that any delegation may be made subject to such conditions or limitations specified by the person or body making the delegation.

52BCouncil may enter into agreements

(1)The Council may enter into an agreement with an entity for the provision by that entity of services of an administrative nature in support of the functions of the Council.

(2)Without limiting subsection (1), the Council may enter into an agreement with a person acting for another State or a Territory for the provision by an officer or authority of the State or Territory of services of an administrative nature in support of the functions of the Council.

(3)An agreement under this section may make provision for all or any matters necessary or convenient to be provided for, or incidental to, carrying out the agreement.".

7Regulations

(1)For section 57(2)(b) of the Principal Act substitute—

"(b)an annual fee, whether calculated by an amount payable for each member of that occupational association who is subject to a scheme in force under the Act or by any other means of calculation;

(c)an additional member fee payable by an occupational association for each additional member of that occupational association who becomes subject to a scheme in force under this Act during the annual fee period;

(d)the payment of interest on unpaid fees and the rate at which that interest accrues;

(e)the time by which any fee, and any interest on unpaid fees, must be paid.".

(2)After section 57(2) of the Principal Act insert—

"(2A)The regulations—

(a)may be of general or limited application;

(b)may differ according to differences in time, place or circumstances;

(c)may confer a discretionary authority or impose a duty on a specified person or body or class of persons or bodies;

(d)may provide in a specified case or class of cases for the exemption of persons or things or a class of persons or things from any of the provisions of the regulations—

(i)whether unconditionally or on specified conditions; and

(ii)either wholly or to such an extent as is specified.".

(3)After section 57(4) of the Principal Act insert—

"(5)The regulations may—

(a)provide for the waiver or remission by the Council of the whole or any part of any of the following—

(i)the fees for applications for the Council's approval, under Division 1 of Part 2, of a scheme, or an amendment to or revocation of a scheme;

(ii)an annual fee;

(iii)any additional member fee prescribed in accordance with subsection (2)(c);

(iv)any interest payable on unpaid fees;

(b)set out the circumstances in which waiver or remission of a fee or any interest referred to in paragraph (a) may occur;

(c)provide for the waiver or remission by a prescribed person of a fee or any interest referred to in paragraph (a) not exceeding a prescribed amount.".

8New section 60 inserted

After section 59 of the Principal Act insert—

"60   Transitional provisions—Professional Standards Amendment Act 2007

On the commencement of section 5 of the Professional Standards Amendment Act 2007—

(a)the Professional Standards Council Fund established in the Public Account as part of the Trust Fund under section 52(1) as in force immediately before that commencement is closed; and

(b)all money standing to the credit of the Fund referred to in paragraph (a) must be paid into, and is taken to form part of, the Professional Standards Council Fund established by section 52(1) as substituted by that Act.".

9Clause 1 of Schedule 4 repealed

Clause 1 of Schedule 4 to the Principal Act is repealed.

10Repeal of Act

This Act is repealed on 1 July 2008.

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Endnotes

Minister's second reading speech—

Legislative Assembly: 23 May 2007

Legislative Council: 7 June 2007

The long title for the Bill for this Act was "A Bill for an Act to amend the Professional Standards Act 2003 to provide for the establishment of a new Professional Standards Council Fund and the closure of the existing fund, to provide for delegation powers and further regulation-making powers and for other purposes."