Professional Standards Regulations 2007 (Vic)

Version No. 002

Professional Standards Regulations 2007

S.R. No. 122/2007

Version as at

10 April 2013

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Definitions

4Payment of fees for approval, amendment or revocation of schemes

5Payment of annual fees and additional member fees for
members of occupational associations

6Interest payable on overdue fees

7Waiver or remission of amounts payable

8Notification of limitation of liability

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ENDNOTES

1.  General Information

2.  Table of Amendments

3.  Explanatory Details

Version No. 002

Professional Standards Regulations 2007

S.R. No. 122/2007

Version as at

10 April 2013

1Objective

The objective of these Regulations is to—

(a)provide for the payment to the Professional Standards Council of—

(i)application fees for the approval, amendment or revocation of schemes;

(ii)annual member fees;

(iii)additional member fees;

(b)prescribe a statement for the notification of a limitation under the Professional Standards Act 2003.

2Authorising provision

These Regulations are made under section 57 of the Professional Standards Act 2003.

3Definitions

In these Regulations—

professional standards legislation means—

(a)the Act; or

(b)a law of another State, Territory or the Commonwealth that corresponds to the Act;

the Act means the Professional Standards Act 2003.

4Payment of fees for approval, amendment or revocation of schemes

(1)An application under section 8(3) of the Act by an occupational association for the approval by the Council of a scheme prepared by the occupational association or by the Council must be accompanied by a fee of $5000.

(2)An application under section 18(2) of the Act by an occupational association for the approval by the Council of an amendment to, or the revocation of, a scheme must be accompanied by a fee of $5000.

5Payment of annual fees and additional member fees for members of occupational associations

(1)The annual fee to be paid to the Council by an occupational association is $50 for each member of that occupational association who is subject to a scheme in force under the Act.

(2)An occupational association must pay the annual fee—

(a)if the relevant scheme commences during the period of 3 months ending on 31 March in any year—not later than 31 March in each year; or

(b)if the relevant scheme commences during the period of 3 months ending on 30 June in any year—not later than 30 June in each year; or

(c)if the relevant scheme commences during the period of 3 months ending on 30 September in any year—not later than 30 September in each year; or

(d)if the relevant scheme commences during the period of 3 months ending on 31 December in any year—not later than 31 January of each following year.

(3)If an additional member of an occupational association becomes subject to a scheme during the annual fee period, an additional member fee of $50 is to be paid to the Council by the occupational association for that additional member as follows—

(a)if the member becomes subject to the scheme during the period of 3 months ending on 31 March—not later than 31 March; or

(b)if the member becomes subject to the scheme during the period of 3 months ending on 30 June in any year—not later than 30 June in each year; or

(c)if the member becomes subject to the scheme during the period of 3 months ending on 30 September in any year—not later than 30 September in each year; or

(d)if the member becomes subject to the scheme during the period of 3 months ending on 31 December in any year—not later than 31 January of each following year.

6Interest payable on overdue fees

If any amount of the annual fee or the additional member fee is not paid within 30 days after it is due simple interest accruing at the rate of 0×05% per day is payable by an occupational association to the Council on the outstanding balance until that balance is paid.

7Waiver or remission of amounts payable

(1)The Council may, if it considers that there are special reasons for doing so in a particular case, waive or remit the whole or any part of, any or all of the following—

(a)the application fee payable under regulation 4;

(b)the annual fee payable under regulation 5(1);

(c)the additional member fee payable under regulation 5(3);

(d)any interest payable under regulation 6.

(2)A person holding the position of Executive Officer of the Council may waive or remit the whole or any part of, any of the following to an amount not exceeding $250—

(a)the application fee payable under regulation 4;

(b)the annual fee payable under regulation 5(1);

(c)the additional member fee payable under regulation 5(3);

(d)any interest payable under regulation 6.

8Notification of limitation of liability

For the purposes of section 35 of the Act, the prescribed form of statement—

(a)is "Liability limited by a scheme approved under Professional Standards Legislation"; and

(b)must be printed in a size not less than the face measurement of Times New Roman typeface in 8 point.

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ENDNOTES

1.     General Information

The Professional Standards Regulations 2007, S.R. No. 122/2007 were made on 7 November 2007 by the Governor in Council under section 57 of the Professional Standards Act 2003, No. 100/2003 and came into operation on 7 November 2007.

The Professional Standards Regulations 2007 will sunset 10 years after the day of making on 7 November 2017 (see section 5 of the Subordinate Legislation Act 1994).

2.     Table of Amendments

There are no amendments made to the Professional Standards Regulations 2007 by statutory rules, subordinate instruments and Acts.

3.     Explanatory Details

No entries at date of publication.