Professional Standards Regulations 2007 (NT)

NORTHERN TERRITORY OF AUSTRALIA

PROFESSIONAL STANDARDS REGULATIONS 2007

As in force at 1 January 2008

Table of provisions [if supportFields]><span style='mso-element:field-begin'></span><span style='mso-spacerun:yes'>&#160;</span>TOC \o &#34;1-9&#34; <span style='mso-element: field-separator'></span><![endif] — Preliminary matters1 — Citation2 — Commencement3 — DefinitionsPart 2 — Fees and charges4 — Application fee – approval of scheme5 — Annual fee period6 — Amount of annual fee7 — Payment of annual fee8 — Interest on overdue annual fee9 — Remission of amounts payablePart 3 — Form of statement10 — Notification of limitation of liabilityPart 4 — Transitional matters11 — Annual feeENDNOTES NORTHERN TERRITORY OF AUSTRALIA

NORTHERN TERRITORY OF AUSTRALIA

As in force at 1 January 2008

PROFESSIONAL STANDARDS REGULATIONS 2007

Regulations under the Professional Standards Act 2004

Part 1Preliminary matters 1Citation

These Regulations may be cited as the Professional Standards Regulations 2007.

2Commencement

These Regulations commence on the date fixed by the Minister by Gazette notice.

3Definitions

In these Regulations:

annual fee means the annual fee mentioned in section 58(2)(b) of the Act.

annual fee period, for a scheme, see regulation 5.

Part 2Fees and charges 4Application fee – approval of scheme

A fee of $5 000 must accompany an application by an occupational association for the Council’s approval of:

• (a)

  a scheme prepared under section 7 of the Act; or

• (b)

  an amendment to, or the revocation of, such a scheme.

5Annual fee period

• (1)

  Subject to subregulation (2)(b), the annual fee period for a scheme is each 12 month period commencing on:

  • (a)

    the date on which the scheme commences and each anniversary of that date; or

  • (b)

    if subregulation (2)(a) applies – the date as varied and each anniversary of that date.

• (2)

  An occupational association and the Council may, by agreement:

  • (a)

    vary the date on which the annual fee period commences; and

  • (b)

    vary the length of a particular annual fee period to give effect to the date varied under paragraph (a).

  Example for subregulation (2)(b):

  A scheme commences on 1 April 2007 and, in February 2008, the occupational association and the Council agree to vary the date the annual fee period commences to 1 July 2008 and each anniversary of that date. There are 2 options to give effect to the new date:

  • (a)

    a 12 month annual fee period from 1 April 2007 to 31 March 2008 and a subsequent annual fee period of 3 months from 1 April 2008 to 30 June 2008; or

  • (b)

    a 15 month annual fee period from 1 April 2007 to 30 June 2008.

  6Amount of annual fee
• (1)

  This regulation applies to an occupational association any of whose members are subject to a scheme in force under the Act.

• (2)

  Subject to subregulation (4), the annual fee payable to the Council by the association is $50 for each person to whom the scheme applies.

• (3)

  For subregulation (2), the scheme applies to a person if the person is a member of the association at any time during the relevant annual fee period.

• (4)

  If the length of a particular fee period is varied under regulation 5(2)(b), the association and the Council may, by agreement, vary the annual fee payable for each person for that period.

7Payment of annual fee

• (1)

  The annual fee must be paid:

  • (a)

    if the annual fee period commences during the 3 month period ending on 31 March in a year – not later than 31 March in that year; or

  • (b)

    if the annual fee period commences during the 3 month period ending on 30 June in a year – not later than 30 June in that year; or

  • (c)

    if the annual fee period commences during the 3 month period ending on 30 September in a year – not later than 30 September in that year; or

  • (d)

    if the annual fee period commences during the 3 month period ending on 31 December in a year – not later than 31 January in the following year.

• (2)

  If a scheme starts to apply to an additional member after the annual fee period has commenced, the annual fee for the member must be paid:

  • (a)

    if the scheme starts to apply during the 3 month period ending on 31 March in a year – not later than 31 March in that year; or

  • (b)

    if the scheme starts to apply during the 3 month period ending on 30 June in a year – not later than 30 June in that year; or

  • (c)

    if the scheme starts to apply during the 3 month period ending on 30 September in a year – not later than 30 September in that year; or

  • (d)

    if the scheme starts to apply during the 3 month period ending on 31 December in a year – not later than 31 January in the following year.

  8Interest on overdue annual fee

  If any amount of the annual fee is not paid within 30 days after it is due, simple interest at the rate of 0.05% per day is payable to the Council on the outstanding balance.

9Remission of amounts payable

The Council may remit the whole or any part of any or all of the following:

• (a)

  a fee payable under regulation 4(a) or (b);

• (b)

  the annual fee payable under regulation 6;

• (c)

  interest payable under regulation 8.

Part 3Form of statement 10Notification of limitation of liability

For section 34(2) of the Act, the following form of statement is prescribed:

Liability limited by a scheme approved under Professional Standards Legislation.

Part 4Transitional matters 11Annual fee

• (1)

  This regulation applies to an annual fee period as defined in clause 1 of Schedule 4 to the Act that begins before the commencement of these regulations.

• (2)

  Clauses 3 to 6 of Schedule 4 to the Act continue to apply to the annual fee payable for the annual fee period.

ENDNOTES

• 1

  KEY

Key to abbreviations

 

amd = amended od = order

app = appendix om = omitted

bl = by-law pt = Part

ch = Chapter r = regulation/rule

cl = clause rem = remainder

div = Division renum = renumbered

exp = expires/expired rep = repealed

f = forms s = section

Gaz = Gazette sch = Schedule

hdg = heading sdiv = Subdivision

ins = inserted SL = Subordinate Legislation

lt = long title sub = substituted

nc = not commenced

 

• 2

  LIST OF LEGISLATION

Professional Standards Regulations (SL No. 40, 2007)
Notified	24 December 2007
Commenced	1 January 2008 (Gaz S41, 24 December 2007)

• 3

  GENERAL AMENDMENTS

General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) to: r 1.