Succession Regulation 2020 (NSW)

1Name of Regulation

This Regulation is the Succession Regulation 2020.

2Commencement

This Regulation commences on the day on which it is published on the NSW legislation website.

Note—

This Regulation repeals and replaces the Succession Regulation 2015, which would otherwise be repealed on 1 September 2020 by section 10(2) of the Subordinate Legislation Act 1989.

3Definitions(1)

In this Regulation—

fee unit—see section 5(1).

the Act means the Succession Act 2006.

Note—

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.

(2)

Notes included in this Regulation do not form part of this Regulation.

cl 3: Am 2022 (335), Sch 5[1].

4Fee for deposit of a will—the Act, s 51(1)

For the Act, section 51(3), the prescribed fee is 1.37 fee units.

(2)

The prescribed fee is to be adjusted for inflation in accordance with Schedule 1.

cl 4: Am 2021 (323), Sch 5. Subst 2022 (335), Sch 5[2].

5

(Repealed)

cl 5: Rep 2020 No 30, Sch 1.46.

6Repeal and savings(1)

The Succession Regulation 2015 is repealed.

(2)

Any act, matter or thing that, immediately before the repeal of the Succession Regulation 2015, had effect under that Regulation continues to have effect under this Regulation.

Schedule 1Adjustment of prescribed fee for inflation

section 4

1Definitions

In this Schedule—

CPI number means the Consumer Price Index (All Groups Index) for Sydney published by the Australian Bureau of Statistics in the latest published series of that index.

financial year means a period of 12 months commencing on 1 July.

Secretary means the Secretary of the Department of Communities and Justice.

2Calculation of fee unit for Regulation(1)

In this Regulation, a fee unit is—

• (a)

  in the financial year 2022–2023—$103.05, and

• (b)

  in each subsequent financial year—the amount calculated as follows—

  where—

  A is the CPI number for the December quarter in the financial year immediately preceding the financial year for which the amount is calculated.

  B is the CPI number for the December quarter of 2021.

(2)

The amount of a fee unit is to be rounded to the nearest cent and an amount of 0.5 cent is to be rounded down.

(3)

However, if the amount of a fee unit calculated for any financial year is less than the amount that applied for the previous financial year, then the amount for that previous financial year applies instead.

3Rounding of fee amounts

The amount of a fee calculated by reference to a fee unit is to be rounded to the nearest dollar and an amount of 50 cents is to be rounded down.

4Notice of indexed fees(1)

As soon as practicable after the CPI number for the December quarter is published by the Australian Bureau of Statistics, the Secretary is required to—

• (a)

  notify the Parliamentary Counsel of the amount of the fee unit for the next financial year so that notice of that amount can be published on the NSW legislation website, and

• (b)

  give public notice on an appropriate government website of the actual amounts of the fees applying in each financial year resulting from the application of the amount of a fee unit calculated under this Part.

(2)

This Part operates to change an amount of a fee that is calculated by reference to a fee unit and that change is not dependent on the notification or other notice required by this clause.

sch 1: Ins 2022 (335), Sch 5[3].

Historical notesTable of amending instruments

Succession Regulation 2020 (477). LW 14.8.2020. Date of commencement, on publication on LW, cl 2. This Regulation has been amended as follows—

2020	No 30	Statute Law (Miscellaneous Provisions) Act 2020. Assented to 27.10.2020. Date of commencement of amendments made by Sch 1.46, 11.12.2020, sec 2(3).
2021	(323)	Justice Legislation Amendment (Fees) Regulation 2021. LW 25.6.2021. Date of commencement, 1.7.2021, cl 2.
2022	(335)	Justice Legislation Amendment (Fees) Regulation 2022. LW 1.7.2022. Date of commencement, 1.7.2022, sec 2.

Table of amendments

Cl 3	Am 2022 (335), Sch 5[1].
Cl 4	Am 2021 (323), Sch 5. Subst 2022 (335), Sch 5[2].
Cl 5	Rep 2020 No 30, Sch 1.46.
Sch 1	Ins 2022 (335), Sch 5[3].