Sex Work (Fees) Amendment Regulations 2022 (Vic)

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Sex Work (Fees) Amendment Regulations 2022

S.R. No. 23/2022

table of provisions

Regulation  Page

1Objective

2Authorising provisions

3Commencement

4Principal Regulations

5Licence application fees

6Licence fees

7Licence amendment fees

8Annual licence fees

9Extension of time and late payment fees

10Fee for application for approval of manager

11Fee for application to act as approved manager

12Refund of licence fees

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Endnotes

statutory rules 2022

S.R. No. 23/2022

Sex Work Act 1994

Sex Work (Fees) Amendment Regulations 2022

The Administrator of the State of Victoria as the Governor's deputy, with the advice of the Executive Council, makes the following Regulations:

Dated: 27 April 2022

Responsible Minister:

MELISSA HORNE
Minister for Consumer Affairs, Gaming and Liquor Regulation

SAMUAL WALLACE

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Sex Work (Fees) Regulations 2014 to reduce fees payable in the licensed sex work industry and to provide for refunds of certain fees during the implementation of the Sex Work Decriminalisation Act 2022.

2Authorising provisions

These Regulations are made under sections 68 and 90 of the Sex Work Act 1994.

3Commencement

These Regulations come into operation on 10 May 2022.

4Principal Regulations

In these Regulations, the Sex Work (Fees) Regulations 2014[1] are called the Principal Regulations.

5Licence application fees

(1)In regulation 6(1) of the Principal Regulations—

(a)in paragraph (c), for "2016, 458·08 fee units." substitute "2016 and before 1 July 2022, 458·08 fee units; or";

(b)after paragraph (c) insert

"(d)in the case of an application lodged on or after 1 July 2022 and before 1 July 2023, 229·04 fee units; or

(e)in the case of an application lodged on or after 1 July 2023, 114·52 fee units.".

(2)In regulation 6(2) of the Principal Regulations—

(a)in paragraph (c), for "2016, 229·04 fee units." substitute "2016 and before 1 July 2022, 229·04 fee units; or";

(b)after paragraph (c) insert

"(d)in the case of an application lodged on or after 1 July 2022 and before 1 July 2023, 114·52 fee units; or

(e)in the case of an application lodged on or after 1 July 2023, 57·26 fee units.".

(3)In regulation 6(3) of the Principal Regulations—

(a)in paragraph (c), for "2016, 458·08 fee units." substitute "2016 and before 1 July 2022, 458·08 fee units; or";

(b)after paragraph (c) insert

"(d)in the case of an application lodged on or after 1 July 2022 and before 1 July 2023, 229·04 fee units; or

(e)in the case of an application lodged on or after 1 July 2023, 114·52 fee units.".

6Licence fees

(1)In regulation 7(1) of the Principal Regulations—

(a)in paragraph (c)—

(i)after "2016" insert "and before 1 July 2022";

(ii)in subparagraph (iii)(B), for "brothel." substitute "brothel; or";

(b)after paragraph (c) insert

"(d)in the case of an application for a licence lodged on or after 1 July 2022, nil.".

(2)In regulation 7(2) of the Principal Regulations—

(a)in paragraph (c)—

(i)after "2016" insert "and before 1 July 2022";

(ii)in subparagraph (ii)(B), for "agency." substitute "agency; or";

(b)after paragraph (c) insert

"(d)in the case of an application for a licence lodged on or after 1 July 2022, nil.".

(3)In regulation 7(3) of the Principal Regulations—

(a)in paragraph (c)—

(i)after "2016" insert "and before 1 July 2022";

(ii)in subparagraph (iii)(B), for "agency." substitute "agency; or";

(b)after paragraph (c) insert

"(d)in the case of an application for a licence lodged on or after 1 July 2022, nil.".

7Licence amendment fees

In regulation 8(1) of the Principal Regulations—

(a)in paragraph (c), for "2016, 114·63 fee units." substitute "2016 and before 1 July 2022, 114·63 fee units; or";

(b)after paragraph (c) insert

"(d)in the case of an application lodged on or after 1 July 2022 and before 1 July 2023, 57·31 fee units; or

(e)in the case of an application lodged on or after 1 July 2023, 28·65 fee units.".

8Annual licence fees

(1)In regulation 9(1) of the Principal Regulations—

(a)in paragraph (c)—

(i)after "2016" insert "and before 1 July 2022";

(ii)in subparagraph (iii)(B), for "brothel." substitute "brothel; or";

(b)after paragraph (c) insert

"(d)on and after 1 July 2022, nil.".

(2)In regulation 9(2) of the Principal Regulations—

(a)in paragraph (c)—

(i)after "2016" insert "and before 1 July 2022";

(ii)in subparagraph (ii)(B), for "agency." substitute "agency; or";

(b)after paragraph (c) insert

"(d)on and after 1 July 2022, nil.".

(3)In regulation 9(3) of the Principal Regulations—

(a)in paragraph (c)—

(i)after "2016" insert "and before 1 July 2022";

(ii)in subparagraph (iii)(B), for "agency." substitute "agency; or";

(b)after paragraph (c) insert

"(d)on and after 1 July 2022, nil.".

9Extension of time and late payment fees

(1)In regulation 10(1) of the Principal Regulations—

(a)in paragraph (c), for "2016, 19·63 fee units." substitute "2016 and before 1 July 2022, 19·63 fee units; or";

(b)after paragraph (c) insert

"(d)in the case of an application lodged on or after 1 July 2022, nil.".

(2)In regulation 10(2) of the Principal Regulations—

(a)in paragraph (c), for "2016, 19·63 fee units." substitute "2016 and before 1 July 2022, 19·63 fee units; or";

(b)after paragraph (c) insert

"(d)in the case of an application lodged on or after 1 July 2022, nil.".

(3)In regulation 10(3) of the Principal Regulations—

(a)in paragraph (c), for "2016, 39·27 fee units." substitute "2016 and before 1 July 2022, 39·27 fee units; or";

(b)after paragraph (c) insert

"(d)in the case of an application lodged on or after 1 July 2022, nil.".

(4)In regulation 10(4) of the Principal Regulations—

(a)in paragraph (c), for "2016, 39·27 fee units." substitute "2016 and before 1 July 2022, 39·27 fee units; or";

(b)after paragraph (c) insert

"(d)in the case of an application lodged on or after 1 July 2022, nil.".

10Fee for application for approval of manager

In regulation 11 of the Principal Regulations—

(a)in paragraph (c), for "2016, 34·04 fee units." substitute "2016 and before 1 July 2022, 34·04 fee units; or";

(b)after paragraph (c) insert

"(d)in the case of an application lodged on or after 1 July 2022 and before 1 July 2023, 17·02 fee units; or

(e)in the case of an application lodged on or after 1 July 2023, 8·51 fee units.".

11Fee for application to act as approved manager

In regulation 12 of the Principal Regulations—

(a)in paragraph (c), for "2016, 8·72 fee units." substitute "2016 and before 1 July 2022, 8·72 fee units; or";

(b)after paragraph (c) insert

"(d)in the case of an application lodged on or after 1 July 2022, nil.".

12Refund of licence fees

After regulation 13B(2) of the Principal Regulations insert

"(3)If a licence is in force on or after 1 July 2022, the Registrar may refund the licence fee paid under section 33(2)(d)(ia) of the Act, or the annual licence fee paid under section 46A(1) of the Act, in accordance with the formula set out in subregulation (4).

(4)The formula for the purposes of calculating a refund of the licence fee or the annual licence fee is—

In this formula—

Ris the amount of refund; and

Ais the amount paid for the licence fee under section 33(2)(d)(ia) of the Act or the annual licence fee under section 46A(1) of the Act; and

Bis the number of days from the later of—

(a)1 July 2022; and

(b)the date that the licence was granted—

until the next anniversary of the date that the licence was granted.".

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Endnotes


[1] Reg. 4: S.R. No. 72/2014 as amended by S.R. No. 49/2020.

——

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 2021 is $15.03. 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.

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