Second-Hand Dealers and Pawnbrokers (Fees) Regulations 2019 (Vic)

Version No. 001

Second-Hand Dealers and Pawnbrokers (Fees) Regulations 2019

S.R. No. 108/2019

Version as at

23 November 2019

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Revocation

5Definition

6Fee to accompany application for registration

7Fee to vary or revoke conditions imposed on registration

8Fee to accompany application for registration permission

9Annual registration fee

10Annual endorsement fee

11Fee for late payment or lodgement

12Fee for register copy

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Endnotes

1      General information

2      Table of Amendments

3      Amendments Not in Operation

4      Explanatory details

Version No. 001

Second-Hand Dealers and Pawnbrokers (Fees) Regulations 2019

S.R. No. 108/2019

Version as at

23 November 2019

1Objective

The objective of these Regulations is to prescribe fees payable under the Second-Hand Dealers and Pawnbrokers Act 1989.

2Authorising provision

These Regulations are made under section 31 of the Second-Hand Dealers and Pawnbrokers Act 1989.

3Commencement

These Regulations come into operation on 23 November 2019.

4Revocation

The Second-Hand Dealers and Pawnbrokers Regulations 2008[1] are revoked.

5Definition

In these Regulations—

the Act means the Second-Hand Dealers and Pawnbrokers Act 1989.

6Fee to accompany application for registration

For the purposes of section 7(2)(c) of the Act, the prescribed fee is 21·5 fee units.

7Fee to vary or revoke conditions imposed on registration

For the purposes of section 8B(3) of the Act, the prescribed fee is 3 fee units.

8Fee to accompany application for registration permission

For the purposes of section 10A(3)(b) of the Act, the prescribed fee is 47·5 fee units.

9Annual registration fee

For the purposes of section 11(1) of the Act, the prescribed annual registration fee is 7·6 fee units.

10Annual endorsement fee

For the purposes of section 11AA(1) of the Act, the prescribed annual endorsement fee is nil.

11Fee for late payment or lodgement

For the purposes of section 11A(4) of the Act, the prescribed fee is nil.

12Fee for register copy

For the purposes of section 13(3) of the Act, the prescribed fee for a copy of the register is $5.

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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 Second-Hand Dealers and Pawnbrokers (Fees) Regulations 2019, S.R. No. 108/2019 were made on 19 November 2019 by the Governor in Council under section 31 of the Second-Hand Dealers and Pawnbrokers Act 1989, No. 54/1989 and came into operation on 23 November 2019: regulation 3.

The Second-Hand Dealers and Pawnbrokers (Fees) Regulations 2019 will sunset 10 years after the day of making on 19 November 2029 (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 Second-Hand Dealers and Pawnbrokers (Fees) Regulations 2019 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(a): S.R. No. 140/2008 as amended by S.R. Nos 20/2009, 75/2012 and 64/2018.

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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 2019 is $14.81. 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.