What it does
These Regulations implement administrative and cost mechanics for schemes under the Professional Standards Act 2004. They set fixed fees and payment timing for occupational associations seeking Council approval of schemes or amendments, prescribe the annual fee the Council may charge associations under the Act, allow negotiated adjustment of fee periods, specify interest on overdue fees, provide a remission power to the Council, and prescribe the exact wording for a statutory notification of limitation of liability. The Regulations operate as subordinate instruments under the Act (title and Preamble), and thus translate several Act provisions into concrete operational rules.
Mechanically, the Regulations require a $5 000 application fee to accompany an occupational association's application to the Council for approval, amendment or revocation of a scheme (regulation 4). They define the annual fee period for schemes as a 12 month cycle starting on the scheme commencement date, subject to variation by agreement between an association and the Council (regulation 5). The default amount of the annual fee is $50 for each person to whom the scheme applies, payable by the occupational association to the Council (regulation 6). Who counts as a person to whom the scheme applies includes any person who is a member of the association at any time during the annual fee period (regulation 6(3)). Payment deadlines are set out by quarterly cutoffs tied to the quarter in which the annual fee period commences, and similar timing rules apply when a scheme begins to apply to an additional member after the period has started (regulation 7). Interest at simple interest of 0.05% per day applies to any portion of the annual fee unpaid 30 days after it is due (regulation 8). The Council may remit, in whole or part, the application fee, annual fee and interest (regulation 9). The Regulations prescribe a one-line statement for notifications of limitation of liability required under section 34(2) of the Act (regulation 10). Transitional treatment preserves clauses 3 to 6 of Schedule 4 to the Act for fee periods that begin before these Regulations commence (regulation 11).