reg 1Citation
These Regulations may be cited as the Professional Standards
Regulations 2007.
These Regulations may be cited as the Professional Standards
Regulations 2007.
These Regulations commence on the date fixed by the Minister by
Gazette notice.
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
A fee of $5 000 must accompany an application by an occupational association for the Council's approval of:
a scheme prepared under section 7 of the Act; or
an amendment to, or the revocation of, such a scheme.
(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.
An occupational association and the Council may, by agreement:
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.
This regulation applies to an occupational association any of whose members are subject to a scheme in force under the Act.
Subject to subregulation (4), the annual fee payable to the
Council by the association is $50 for each person to whom the scheme applies.
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.
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.
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.
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.
The Council may remit the whole or any part of any or all of the following:
a fee payable under regulation 4(a) or (b);
the annual fee payable under regulation 6;
interest payable under regulation 8.
Part 3 Form of statement
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
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.
Clauses 3 to 6 of Schedule 4 to the Act continue to apply to the annual fee payable for the annual fee period.