Guardianship and Administration (Fees) Regulations 2008

i Guardianship and Administration (Fees) Regulations 2008 S.R. No. 132/2008 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provision 1 3 Definitions 1 4 Assessment of fortnightly income 2 5 Annual fees 2 6 When fees payable 2 7 Waiver of fees 2 ═══════════════ ENDNOTES 3 -- 1 of 4 -- 1 STATUTORY RULES 2008 S.R. No. 132/2008 Guardianship and Administration Act 1986 Guardianship and Administration (Fees) Regulations 2008 The Governor in Council makes the following Regulations: Dated: 11 November 2008 Responsible Minister: ROB HULLS Attorney-General RYAN HEATH Clerk of the Executive Council 1 Objective The objective of these Regulations is to provide for the payment of annual fees to be paid in respect of estates which are the subject of an administration order. 2 Authorising provision These Regulations are made under section 58A of the Guardianship and Administration Act 1986. 3 Definitions In these Regulations— estate means an estate which is subject to an administration order in any financial year ending on 30 June; the Act means the Guardianship and Administration Act 1986. -- 2 of 4 -- S.R. No. 132/2008 Guardianship and Administration (Fees) Regulations 2008 2 4 Assessment of fortnightly income For the purposes of these Regulations, the fortnightly income of an estate must be assessed by dividing all income received or accrued by the estate during the previous financial year by 26. 5 Annual fees (1) The annual fee for an estate— (a) in the case of an estate with a fortnightly income of less than $607 is nil; (b) in the case of an estate with a fortnightly income of $607 or more is 9 fee units. (2) No annual fee is payable for an estate which is subject to an administration order under section 60 of the Act. 6 When fees payable The annual fee for an estate is payable on or before 31 December following the end of the financial year in which the fortnightly income of the estate was assessed. 7 Waiver of fees The Tribunal may of its own motion, or on an application by the administrator, waive all or part of a fee payable under these Regulations if the Tribunal is of the opinion that the fee would cause undue hardship to the person in respect of whom an administration order has been made. ═══════════════ r. 4 -- 3 of 4 -- S.R. No. 132/2008 Guardianship and Administration (Fees) Regulations 2008 3 ENDNOTES 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 2008 is $11.35. 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. Endnotes -- 4 of 4 --