Professional Standards Regulations 2017

Authorised by the Chief Parliamentary Counsel Authorised Version i Professional Standards Regulations 2017 S.R. No. 106/2017 TABLE OF PROVISIONS Regulation Page 1 Objectives 1 2 Authorising provision 2 3 Commencement 2 4 Revocation 2 5 Definitions 2 6 Payment of fees for approval, amendment or revocation of schemes 2 7 Payment of annual fees and additional member fees for members of occupational associations 3 8 Interest payable on overdue fees 4 9 Waiver or remission of amounts payable 4 10 Notification of limitation of liability 5 ═════════════ Endnotes 6 -- 1 of 7 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2017 S.R. No. 106/2017 Professional Standards Act 2003 Professional Standards Regulations 2017 The Governor in Council makes the following Regulations: Dated: 24 October 2017 Responsible Minister: MARTIN PAKULA Attorney-General JONATHAN BURKE Acting Clerk of the Executive Council 1 Objectives 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. -- 2 of 7 -- Professional Standards Regulations 2017 S.R. No. 106/2017 2 Authorised by the Chief Parliamentary Counsel 2 Authorising provision These Regulations are made under section 57 of the Professional Standards Act 2003. 3 Commencement These Regulations come into operation on 6 November 2017. 4 Revocation The Professional Standards Regulations 2007 1 are revoked. 5 Definitions 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. 6 Payment 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. -- 3 of 7 -- Professional Standards Regulations 2017 S.R. No. 106/2017 3 Authorised by the Chief Parliamentary Counsel 7 Payment 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 -- 4 of 7 -- Professional Standards Regulations 2017 S.R. No. 106/2017 4 Authorised by the Chief Parliamentary Counsel (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. 8 Interest 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. 9 Waiver 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. -- 5 of 7 -- Professional Standards Regulations 2017 S.R. No. 106/2017 5 Authorised by the Chief Parliamentary Counsel (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. 10 Notification 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. ═════════════ -- 6 of 7 -- Endnotes Professional Standards Regulations 2017 S.R. No. 106/2017 6 Authorised by the Chief Parliamentary Counsel Endnotes 1 Reg. 4: S.R. No. 122/2007. -- 7 of 7 --