Professional Standards Regulations 2017 (Vic)

Version No. 001

Professional Standards Regulations 2017

S.R. No. 106/2017

Version as at

6 November 2017

TABLE OF PROVISIONS

Regulation  Page

1Objectives

2Authorising provision

3Commencement

4Revocation

5Definitions

6Payment of fees for approval, amendment or revocation of schemes

7Payment of annual fees and additional member fees for members of occupational associations

8Interest payable on overdue fees

9Waiver or remission of amounts payable

10Notification of limitation of liability

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Endnotes

1      General information

2      Table of Amendments

3      Amendments Not in Operation

4      Explanatory details

Version No. 001

Professional Standards Regulations 2017

S.R. No. 106/2017

Version as at

6 November 2017

1Objectives

The objectives of the Regulations are, for the purposes of the Professional Standards Act 2003—

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

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

(ii)annual member fees;

(iii)additional member fees;

(iv)interest in relation to unpaid annual fees; and

(b)to prescribe a statement for the notification of an occupational limitation; and

(c)to revoke the Professional Standards Regulations 2007.

2Authorising provision

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

3Commencement

These Regulations come into operation on 6 November 2017.

4Revocation

The Professional Standards Regulations 2007[1] are revoked.

5Definitions

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.

6Payment 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 instrument amending or revoking a scheme must be accompanied by a fee of $5000.

7Payment 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.

8Interest payable on overdue fees

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

9Waiver 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 6;

(b)the annual fee payable under regulation 7(1);

(c)the additional member fee payable under regulation 7(3);

(d)any interest payable under regulation 8.

(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 6;

(b)the annual fee payable under regulation 7(1);

(c)the additional member fee payable under regulation 7(3);

(d)any interest payable under regulation 8.

10Notification 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

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

The Professional Standards Regulations 2017, S.R. No. 106/2017 were made on 24 October 2017 by the Governor in Council under section 57 of the Professional Standards Act 2003, No. 100/2003 and came into operation on 6 November 2017: regulation 3.

The Professional Standards Regulations 2017 will sunset 10 years after the day of making on 24 October 2027 (see section 5 of the Subordinate Legislation Act 1994).

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 Professional Standards Regulations 2017 by statutory rules, subordinate instruments and Acts.

3   Amendments Not in Operation

There are no amendments which were Not in Operation at the date of this publication.

4   Explanatory details

[1] Reg. 4: S.R. No. 122/2007.