PROFESSIONAL STANDARDS REGULATIONS 2007

NORTHERN TERRITORY OF AUSTRALIA PROFESSIONAL STANDARDS REGULATIONS 2007 As in force at 1 January 2008 Table of provisions Part 1 Preliminary matters 1 Citation ............................................................................................ 1 2 Commencement .............................................................................. 1 3 Definitions ........................................................................................ 1 Part 2 Fees and charges 4 Application fee – approval of scheme .............................................. 1 5 Annual fee period ............................................................................ 2 6 Amount of annual fee ...................................................................... 2 7 Payment of annual fee ..................................................................... 3 8 Interest on overdue annual fee ........................................................ 3 9 Remission of amounts payable........................................................ 4 Part 3 Form of statement 10 Notification of limitation of liability .................................................... 4 Part 4 Transitional matters 11 Annual fee ....................................................................................... 4 ENDNOTES -- 1 of 7 -- -- 2 of 7 -- NORTHERN TERRITORY OF AUSTRALIA ____________________ As in force at 1 January 2008 ____________________ PROFESSIONAL STANDARDS REGULATIONS 2007 Regulations under the Professional Standards Act 2004 Part 1 Preliminary matters 1 Citation These Regulations may be cited as the Professional Standards Regulations 2007. 2 Commencement These Regulations commence on the date fixed by the Minister by Gazette notice. 3 Definitions In these Regulations: annual fee means the annual fee mentioned in section 58(2)(b) of the Act. annual fee period, for a scheme, see regulation 5. Part 2 Fees and charges 4 Application fee – approval of scheme A fee of $5 000 must accompany an application by an occupational association for the Council's approval of: (a) a scheme prepared under section 7 of the Act; or (b) an amendment to, or the revocation of, such a scheme. -- 3 of 7 -- Part 2 Fees and charges Professional Standards Regulations 2007 2 5 Annual fee period (1) Subject to subregulation (2)(b), the annual fee period for a scheme is each 12 month period commencing on: (a) the date on which the scheme commences and each anniversary of that date; or (b) if subregulation (2)(a) applies – the date as varied and each anniversary of that date. (2) An occupational association and the Council may, by agreement: (a) vary the date on which the annual fee period commences; and (b) vary the length of a particular annual fee period to give effect to the date varied under paragraph (a). Example for subregulation (2)(b): A scheme commences on 1 April 2007 and, in February 2008, the occupational association and the Council agree to vary the date the annual fee period commences to 1 July 2008 and each anniversary of that date. There are 2 options to give effect to the new date: (a) a 12 month annual fee period from 1 April 2007 to 31 March 2008 and a subsequent annual fee period of 3 months from 1 April 2008 to 30 June 2008; or (b) a 15 month annual fee period from 1 April 2007 to 30 June 2008. 6 Amount of annual fee (1) This regulation applies to an occupational association any of whose members are subject to a scheme in force under the Act. (2) Subject to subregulation (4), the annual fee payable to the Council by the association is $50 for each person to whom the scheme applies. (3) For subregulation (2), the scheme applies to a person if the person is a member of the association at any time during the relevant annual fee period. (4) If the length of a particular fee period is varied under regulation 5(2)(b), the association and the Council may, by agreement, vary the annual fee payable for each person for that period. -- 4 of 7 -- Part 2 Fees and charges Professional Standards Regulations 2007 3 7 Payment of annual fee (1) The annual fee must be paid: (a) if the annual fee period commences during the 3 month period ending on 31 March in a year – not later than 31 March in that year; or (b) if the annual fee period commences during the 3 month period ending on 30 June in a year – not later than 30 June in that year; or (c) if the annual fee period commences during the 3 month period ending on 30 September in a year – not later than 30 September in that year; or (d) if the annual fee period commences during the 3 month period ending on 31 December in a year – not later than 31 January in the following year. (2) If a scheme starts to apply to an additional member after the annual fee period has commenced, the annual fee for the member must be paid: (a) if the scheme starts to apply during the 3 month period ending on 31 March in a year – not later than 31 March in that year; or (b) if the scheme starts to apply during the 3 month period ending on 30 June in a year – not later than 30 June in that year; or (c) if the scheme starts to apply during the 3 month period ending on 30 September in a year – not later than 30 September in that year; or (d) if the scheme starts to apply during the 3 month period ending on 31 December in a year – not later than 31 January in the following year. 8 Interest on overdue annual fee If any amount of the annual fee is not paid within 30 days after it is due, simple interest at the rate of 0.05% per day is payable to the Council on the outstanding balance. -- 5 of 7 -- Part 4 Transitional matters Professional Standards Regulations 2007 4 9 Remission of amounts payable The Council may remit the whole or any part of any or all of the following: (a) a fee payable under regulation 4(a) or (b); (b) the annual fee payable under regulation 6; (c) interest payable under regulation 8. Part 3 Form of statement 10 Notification of limitation of liability For section 34(2) of the Act, the following form of statement is prescribed: Liability limited by a scheme approved under Professional Standards Legislation. Part 4 Transitional matters 11 Annual fee (1) This regulation applies to an annual fee period as defined in clause 1 of Schedule 4 to the Act that begins before the commencement of these regulations. (2) Clauses 3 to 6 of Schedule 4 to the Act continue to apply to the annual fee payable for the annual fee period. -- 6 of 7 -- ENDNOTES Professional Standards Regulations 2007 5 ENDNOTES 1 KEY Key to abbreviations amd = amended od = order app = appendix om = omitted bl = by-law pt = Part ch = Chapter r = regulation/rule cl = clause rem = remainder div = Division renum = renumbered exp = expires/expired rep = repealed f = forms s = section Gaz = Gazette sch = Schedule hdg = heading sdiv = Subdivision ins = inserted SL = Subordinate Legislation lt = long title sub = substituted nc = not commenced 2 LIST OF LEGISLATION Professional Standards Regulations (SL No. 40, 2007) Notified 24 December 2007 Commenced 1 January 2008 (Gaz S41, 24 December 2007) 3 GENERAL AMENDMENTS General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) to: r 1. -- 7 of 7 --