Strata Schemes Management Amendment (Fees) Regulation 2009 (NSW)

2009 No 216

New South Wales

Strata Schemes Management

Amendment (Fees) Regulation 2009

under the

Strata Schemes Management Act 1996

Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Strata Schemes Management Act 1996.

VIRGINIA JUDGE, MP Minister for Fair Trading

Explanatory note
The object of this Regulation is to increase certain fees payable:

(a)	to the Registrar of the Consumer, Trader and Tenancy Tribunal, and
(b)	to the Commissioner for Fair Trading in the Department of Commerce (who is referred to in the Strata Schemes Management Act 1996 as the Director-General of that Department),

in connection with the administration of the Strata Schemes Management Act 1996.
The fee increases are generally in line with movements in the Consumer Price Index (rounded
to the nearest whole dollar).
This Regulation is made under the Strata Schemes Management Act 1996, including sections
108 (2), 109 (2), 162A (d) and 246 (the general regulation-making power) and, in particular,

section 246 (2) (b).

Published LW 29 May 2009	Page 1
2009 No 216
Clause 1	Strata Schemes Management Amendment (Fees) Regulation 2009

Strata Schemes Management Amendment (Fees)

Regulation 2009

under the

Strata Schemes Management Act 1996

1      Name of Regulation

This Regulation is the Strata Schemes Management Amendment (Fees)
Regulation 2009.

2      Commencement

This Regulation commences on 1 July 2009 and is required to be published on the NSW legislation website.

2009 No 216

Strata Schemes Management Amendment (Fees) Regulation 2009

Amendment of Strata Schemes Management Regulation 2005	Schedule 1
Schedule 1	Amendment of Strata Schemes Management Regulation 2005

[1]      Clause 19

Omit the clause. Insert instead:

19 Fees

(1)	The fees payable under the Act are set out in Schedule 1A.
(2)	For the purposes of section 209 (1) (b) of the Act, the prescribed fee for the lodgment of an order under the Act is the fee payable for lodgment of a document under the Strata Schemes (Freehold Development) Act 1973 for which no specific fee is prescribed by the regulations under that Act.
Note. The relevant fee is prescribed by item 17 of Schedule 6 to the Strata Schemes (Freehold Development) Regulation 2007.

[2]      Schedule 1A

Insert before Schedule 1:

Schedule 1A Fees

(Clause 19 (1))

Item	Type of fee	Fee
Fees payable to Registrar
1	Lodgment of application for order by an Adjudicator or	$70
the Tribunal
2	Lodgment of application for interim order by an	$70
Adjudicator or the Tribunal
3	Lodgment of notice of appeal	$70
4	Issue of summons to appear before the Tribunal	$38
5	Copy of document (other than transcript), per page	$2 per page or $26 (whichever

is greater)

6	Duplicate tape recording of evidence or proceedings, per	“at cost”
cassette
7	Copy of written transcript of evidence or proceedings, per	“at cost”
page

2009 No 216

Strata Schemes Management Amendment (Fees) Regulation 2009

Schedule 1 Amendment of Strata Schemes Management Regulation 2005

Item	Type of fee	Fee
Fee payable to Director-General
8	Application for mediation	$70
Fees payable to owners corporation
9	For making records available for inspection under	$26 and an

section 108 of the Act additional $13
for each
half-hour or part
of half-hour
after the first
hour of
inspection

10 For giving a certificate under section 109 of the Act $90 and an
additional $45
for a further
certificate for a
lot comprising a
garage, parking
space or
storeroom that
services the lot
the subject of
the first
certificate