Professional Standards Regulations 2021

The regulations rely on several recurring legal and administrative concepts. Define these precisely as they appear in the instrument.

• Fee schedule and payor. The instrument fixes specific monetary amounts and allocates payment responsibility to occupational associations: application/amendment fees payable by the association (Schedule 1, item 1); an annual fee payable by the association in respect of each member subject to a scheme in force under the Act (Schedule 1, item 2; regulation 4(2)). The Council is the recipient of these fees (regulation 4(1)).

• Payment windows. The annual fee obligation is not a single annual fixed date. Instead the regulations create four three‑month periods ending each quarter end. If a relevant scheme commences during any of those three‑month periods, the annual fee in respect of each member is due not later than a specific date tied to that quarter (regulation 4(2)). The same structure governs fees when a scheme becomes applicable to an additional member (regulation 4(3)). The due dates are: 31 March, 30 June, 30 September, and 31 January of the following year depending on the quarter.

• Default interest. Non-payment within 30 days after a fee is due attracts simple interest at 0.05% per day on the outstanding balance until it is paid (regulation 4(4)). The instrument specifies simple daily interest rather than compound interest.

• Remission of fees and interest. The Council may remit fees or interest in whole or in part if it considers special reasons exist (regulation 4(5)). The regulations allow delegation of that power to the Executive Officer but cap the remittance that may be authorised by delegation at $250 (regulation 4(6)).

• Judicial challenge period. For the purpose of s 16(1) of the Act, a person has a prescribed period of two months after a scheme comes into operation to apply to the Supreme Court to have the scheme declared void (regulation 5). The regulation thus fixes a statutory time bar for challenging schemes under that provision of the Act.

• Prescribed notification statement. Regulation 6 prescribes the exact text that must be used for the notification of limitation of liability required by s 35(2) of the Act, and the minimum type size (Times New Roman not less than 8 point). The required text is: "Liability limited by a scheme approved under professional standards legislation."

• Revocation and transitional continuity. Schedule 2 revokes the 2006 regulations (Schedule 2, reg 2) and converts outstanding fees and interest and previous approvals or remittances into liabilities or approvals under the new regulations (Schedule 2, reg 3). It preserves the unexpired portion of any previously prescribed challenge period as the remainder of the two month period under the new regulation (Schedule 2, reg 4). Statements printed under the old regulation that complied with the old form are taken to comply with the new form (Schedule 2, reg 5).

The regulations thus operate by specifying money amounts, deadlines, a default penalty regime, discretionary remission mechanisms with delegation bounds, a short judicial challenge window, and a tightly specified notification text. These are administrative levers that change cashflows, compliance tasks and limited judicial windows for associations and their members.

The primary parties affected are occupational associations whose members are subject to a scheme in force under the Act, and indirectly those members. Secondary affected parties include the Council and the Executive Officer, and persons with standing to challenge a scheme in the Supreme Court.

• Occupational associations. The regulations impose monetary obligations and procedural duties on an occupational association that has members subject to a scheme under the Act. The association must pay application or amendment fees where it applies for approval, amendment or revocation of a scheme (Schedule 1, item 1) and must pay the annual fee in respect of each member subject to a scheme (Schedule 1, item 2; regulation 4(2)). The association is the named payor in the provisions fixing fees and the entity authorised to seek remittance from the Council (regulation 4(5)).

• Members of occupational associations. The regulations do not directly levy fees on individual members but impose an association-level obligation "in respect of each member" so the practical cost incidence may fall on members through the association’s governance choices. The annual fee is calculated per member (Schedule 1, item 2) and must be paid by the association according to the quarter in which the scheme commenced or in which the member becomes subject to the scheme (regulation 4(2) and (3)).

• The Council. The Council is the collector of fees (regulation 4(1)), the decision‑maker with power to remit fees or interest where special reasons exist (regulation 4(5)), and the body whose Executive Officer may be delegated a limited remission power (regulation 4(6)). The Council thus has administrative discretion over remittance and is responsible for administering fee receipts and overdue debt recovery consistent with the interest provision (regulation 4(4)).

• Executive Officer. The Executive Officer becomes a decision-maker only if the Council delegates remission power. The delegation is bounded by a maximum remittance amount of $250 (regulation 4(6)). That delegates routine, small remittances but reserves larger remission decisions to the Council.

• Persons with rights to challenge a scheme. Regulation 5 prescribes a two month period during which a person may apply to the Supreme Court under s 16(1) of the Act for an order that a scheme is void. This affects any person who would have the standing defined by the Act to bring such an application. The regulation shortens or fixes the challenge window to two months from the scheme's commencement.

• Parties using the prescribed limitation statement. Any person or entity required by section 35(2) of the Act to include a statement of limitation of liability must use the precise wording and minimum type size prescribed in regulation 6. Documents printed before the regulations commenced that complied with the prior regulation are preserved (Schedule 2, reg 5).

• Entities operating under the 2006 Regulations. Those entities must account for the revocation and transitional arrangements in Schedule 2. Outstanding fees or interest that fell due under the old regulations are carried over and taken to be due under the equivalent provision of the new regulations (Schedule 2, reg 3).

In sum, the burdens fall principally on occupational associations (and indirectly on their members), while administrative discretion and fee collection authority sit with the Council and, to a very limited extent, the Executive Officer. Persons who might challenge schemes must be alert to a two month window to commence proceedings (regulation 5) with transitional carryover if a challenge period was already running under the 2006 regulations (Schedule 2, reg 4).

The regulations create a set of compulsory duties for occupational associations and define limited rights and discretions for the Council. Below are the principal duties and the rights of the administrative bodies, with references.

Duties imposed on occupational associations

• Payment of application fees. An occupational association that applies for approval of a scheme under section 8 of the Act must pay the application fee fixed in Schedule 1. The same fee applies for an amendment or revocation application (Schedule 1, item 1(a) and (b): $5,000 each).

• Obligation to pay annual fees. An occupational association whose members are subject to a scheme in force under the Act must pay the annual fee in respect of each member of the association. The timing depends on when the scheme commences: the regulations set four quarterly three‑month windows and corresponding due dates (regulation 4(2)). The association must follow the same quarterly schedule when a scheme becomes applicable to an additional member (regulation 4(3)).

• Compliance with notification requirement. Where section 35(2) of the Act requires a statement of limitation of liability, the regulations prescribe the exact wording and minimum type size. Entities subject to that section must display the statement: "Liability limited by a scheme approved under professional standards legislation" in Times New Roman not less than 8 point (regulation 6).

• Time-limited right to challenge schemes. Persons who wish to apply to the Supreme Court for an order that a scheme is void under s 16(1) of the Act must do so within the prescribed period of two months after a scheme comes into operation (regulation 5).

Rights and discretions for the Council and Executive Officer

• Fee collection right. The Council is empowered to receive fees fixed by Schedule 1 (regulation 4(1)). This is an administrative entitlement to collect specified sums.

• Discretion to remit fees and interest. The Council may remit, in whole or in part, a fee fixed by Schedule 1 or interest payable under regulation 4(4) if it considers special reasons exist (regulation 4(5)). This is a substantive administrative discretion that allows the Council to reduce the financial burden on an association in exceptional cases.

• Delegation limit. If the Council delegates remission power to the Executive Officer, the delegated authority is capped so that the maximum amount of fee or interest that may be remitted under delegation is $250 (regulation 4(6)). The practical effect is that the Executive Officer can address small cases but not larger remittance decisions.

Other legal consequences and transitional rights

• Carryover of outstanding liabilities. Fees and interest that fell due or would have fallen due under the revoked 2006 regulations are taken to be due and payable under the equivalent provisions of these regulations on commencement (Schedule 2, reg 3). Remittances made under the old regulations are treated as having been made under the equivalent provisions of the new regulations (Schedule 2, reg 3(3)).

• Preservation of pre-commencement notification statements. A statement printed prior to commencement that complied with the prior regulation is taken to comply with the new regulation (Schedule 2, reg 5).

• Continuation of challenge periods. Where a challenge period under the revoked regulations had begun but not expired at commencement, the remainder of that period is taken to be the prescribed two month period under regulation 5 (Schedule 2, reg 4).

In short, associations must budget for fixed application and recurring per-member fees, meet narrow payment windows, and ensure prescribed notification text appears on relevant documents. The Council has the right to collect fees and a discretion to remit them in special cases, subject to a delegation cap. Transitional provisions maintain continuity for existing obligations arising under the prior regulations.

The regulations set out mechanisms for enforcement that are primarily financial and administrative rather than criminal. Enforcement operates by way of fee exigibility, interest on overdue sums, and the procedural bar for judicial challenges. The following enforcement elements are specified.

• Interest on late payment. If any part of an annual fee, including a payment required under regulation 4(3), 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 until the balance is paid (regulation 4(4)). The interest accrues daily on the unpaid balance and is expressed as simple interest rather than compounded interest.

• Collection by the Council. The Council is the statutory recipient of the fees fixed by Schedule 1 and therefore the administrative body responsible for enforcing payment (regulation 4(1)). The regulations do not set out enforcement litigation or debt recovery procedures in detail, but collection authority and interest create a monetary enforcement pressure.

• Remission process as a relief valve. The Council may remit fees or interest in whole or in part where special reasons exist (regulation 4(5)). The decision to remit is discretionary and therefore functions as an administrative check on enforcement severity. If the Council delegates that power, the Executive Officer may remit up to $250 (regulation 4(6)), enabling a limited, expedited form of administrative relief in small cases.

• Judicial challenge time bar. Regulation 5 prescribes a two month time limit for applications to the Supreme Court under section 16(1) of the Act that a scheme is void. The short, statutory challenge window constrains the period during which a challenger can seek to halt or undo a scheme through judicial review under that section. The transitional provision in Schedule 2, reg 4 avoids prejudice where a pre-existing period was already running.

• Statutory compliance with prescribed notification. Regulation 6 prescribes the exact statement and type size for limitation of liability notices required by section 35(2) of the Act. Failure to comply with a statutory form requirement can carry legal consequences under the Act where the Act conditions liability or other legal effects on the presence of the prescribed statement. This regulation thus enforces consistency in communications that relate to limitation of liability.

What the regulations do not specify

• No criminal penalties. The text contains no express criminal penalties for non-payment of fees or for non-compliance with the prescribed statement. It prescribes interest, remittance discretion and due dates, but does not create offences or specify administrative fines beyond the fees themselves.

• No detailed debt-recovery machinery. The regulations do not set out formal debt recovery procedures such as the imposition of liens, suspension of scheme status, or referral to courts for recovery. Enforcement therefore appears to rely on ordinary debt recovery and the Council’s administrative powers as available under the Act and other general law, but those are not re-stated in the regulations.

• No explicit review mechanism for remittance decisions. The regulations do not specify an internal appeal or merits review process for remittances refused by the Council, nor do they specify criteria for “special reasons.” The Council’s discretion is framed as subjective, without statutory subcriteria.

In practice the regulatory enforcement architecture is financial and administrative: strict payment deadlines, a defined rate of interest for late payments, discretionary remission to address equities in particular cases, and a precise requirement for the notification statement whose absence may have legal consequences under the Act.

The regulations operate as subordinate legislation under the Professional Standards Act 2004 (the Act). They reference particular provisions of the Act and ensure continuity with the prior regulations. The interaction points are primarily supervisory and procedural.

• Relationship with the Act. The regulations are made under and for the purposes of the Act (regulation 3 defines Act as the Professional Standards Act 2004). Several provisions expressly tie to sections of the Act. Regulation 5 prescribes the period for the purposes of subsection (1) of section 16 of the Act, which deals with applications to the Supreme Court to set aside a scheme. Regulation 6 prescribes the form of the statement for the purposes of section 35(2) of the Act concerning notification of limitation of liability. The instrument therefore fills statutory delegations in the Act by prescribing particulars that the Act leaves to subordinate instruments.

• Preservation of prior regulation outcomes. The regulations revoke the 2006 regulations (Schedule 2, reg 2) but carry forward liabilities, interest and remissions that existed under the revoked regulations so those earlier statutory obligations do not lapse on revocation (Schedule 2, reg 3). A remittance made under the revoked regulations is taken to have been made under the equivalent provision of the new regulations (Schedule 2, reg 3(3)). The transitional approach maintains continuity of obligations and decisions across the regulatory change.

• Interaction with Supreme Court jurisdiction. Regulation 5 fixes the time window for applications under s 16(1) of the Act to be two months after a scheme comes into operation. That is a procedural limitation that interacts directly with the Act’s mechanism allowing judicial review or relief. The transitional rule in Schedule 2, reg 4 ensures that if a scheme was in force before these regulations commenced and a previously prescribed challenge period under the revoked regulations remained unexpired, the remainder is taken as the new prescribed period.

• Notification and documents under the Act. Regulation 6 prescribes the exact wording and typeface size for the limitation of liability statement for the purposes of s 35(2) of the Act. That means documents, advertising materials, letterheads or other communications required by the Act to carry a limitation-of-liability statement must conform to the precise text and minimum type size set out in the regulation.

• No express cross-reference to other statutes. The regulations do not contain express references to other Acts beyond the Professional Standards Act 2004 and the concept of "professional standards legislation" which includes laws of other States similar in effect to the Act (regulation 3). The definition of "professional standards legislation" in regulation 3 is broad and may be relevant where multijurisdictional schemes exist, but the regulation does not itself create cross-border regulatory harmonisation measures.

• Administrative law implications. The regulations give the Council an unfettered discretion to remit fees or interest "if it considers that there are special reasons" (regulation 4(5)). That discretion is administratively reviewable under general administrative law principles, though the regulations do not provide review mechanisms. The delegation limit to the Executive Officer (regulation 4(6)) is a delegated administrative power and will be subject to the Act’s delegation rules and standard public law constraints.

Overall, the regulations operationalise elements of the Act: fees, timelines and notification requirements. They maintain continuity with the 2006 regulations but replace them. The scope of the regulations is mostly administrative; substantive rights and liabilities under the Act remain governed by the Act itself with the regulations supplying detail where the Act requires it.

The text provides a succinct legislative history section and a schedule that revokes the prior subordinate instrument. The key points are as follows.

• Principal instrument details. The regulations are titled Professional Standards Regulations 2021 and are made under the Professional Standards Act 2004. The commencement rule states they come into operation on the day they are made (regulation 2).

• Revocation of earlier subordinate legislation. Schedule 2, Part 2 expressly revokes the Professional Standards Regulations 2006 (Schedule 2, reg 2). The 2021 instrument therefore replaces the 2006 instrument in its entirety subject to transitional provisions in Schedule 2 Part 3.

• Gazette reference. The Legislative history notes the principal regulations: 2021, No 117, Gazette 12.8.2021 p3064, with regulation 2 confirming commencement on 12 August 2021 (Legislative history note). That provides the formal date of enactment and commencement.

• Transitional provisions for continuity. Schedule 2, Part 3 contains transitional provisions meant to smoothly migrate outstanding obligations and preserve prior compliance. These include:

  • Fees and interest payable under the revoked regulations that fell due before commencement, or would have fallen due but for commencement, that remain unpaid will be taken to be due and payable under the equivalent new provision (Schedule 2, reg 3(1)).
  • Interest that fell due under the revoked regulations and remained unpaid will be taken to be due and payable and continue to accrue under the equivalent provision in the new regulations (Schedule 2, reg 3(2)).
  • A remittance made under the revoked regulations is taken on commencement to have been made under the equivalent provision of the new regulations (Schedule 2, reg 3(3)).
  • The remainder of any previously prescribed period for challenging a scheme under the revoked regulations is taken as the prescribed period under regulation 5 of the new regulations if the earlier period had not expired at commencement (Schedule 2, reg 4).
  • Statements printed before commencement that complied with the prior regulation are taken to comply with regulation 6 of the new regulations (Schedule 2, reg 5).

• No amendment history beyond 2021 recorded in the text. The regulations’ legislative history shown in the text records the making and commencement of the 2021 instrument and the revocation of the 2006 regulations. The text does not list subsequent amendments or earlier iterations beyond the 2006 regulations being revoked.

In effect, the amendment history recorded in the instrument is limited to the replacement of the 2006 regulations by the 2021 regulations and the transitional arrangements designed to preserve continuity in enforcement and compliance obligations on the day of change.

The regulations themselves do not contain or reference any decisions of courts or administrative tribunals. The instrument prescribes procedural windows that bear on litigation but does not record any prior litigation history. The following points summarise the litigation‑relevant material contained in the regulations and the transitional effect on any pending proceedings.

• Prescribed challenge period. For the purposes of subsection (1) of section 16 of the Act, regulation 5 prescribes a two month period after a scheme comes into operation within which a person may apply to the Supreme Court for an order that a scheme is void. That creates a short, definitive time window for bringing proceedings under s 16(1). Litigation practitioners must therefore note that the regulations fix the statutory time bar that will govern such challenges unless the Act itself provides for a different or additional basis.

• Transitional carryover for challenges in progress. Schedule 2, reg 4 addresses the situation where a scheme was in force prior to the commencement of the 2021 regulations and the period prescribed under regulation 5 of the revoked 2006 regulations had not expired. In that case, the remainder of the previously prescribed period is taken to be the prescribed period for the purposes of regulation 5. That preserves any running time limits so parties are neither advantaged nor disadvantaged by the changeover.

• No recorded cases or proceedings. The text contains no list of cases, no summaries of judicial interpretation, and records no litigation arising under the regulations. Practitioners must therefore rely on the parent Act and case law under the Act for substantive legal interpretation. The 2021 regulations operate primarily as procedural and administrative detail, and any litigation that challenges those procedures or the Council’s exercise of discretion would proceed under general administrative law and the Act.

• No dispute-resolution or enforcement litigation mechanisms specified. The regulations do not prescribe particular statutory penalties, suspension mechanisms, or administrative sanctions enforceable in their own right, and therefore litigation that arises from unpaid fees would likely be ordinary debt recovery in the civil jurisdiction unless the Act provides a specific enforcement route. Any judicial review of Council remittance decisions would proceed under general administrative law principles; the regulations do not set out internal merits review processes or appeals for Council decisions.

Given the absence of reported decisions in the instrument, practitioners seeking litigation guidance will need to look to decisions interpreting the Act and any related case law. For time-sensitive challenges to schemes, the two month prescription is the operative rule established by regulation 5, with transitional protection under Schedule 2, reg 4 where relevant.

The regulations are compact but contain several procedural traps and attention points that can cause practical non-compliance or unexpected costs. The following concrete "gotchas" are drawn from the text.

• Per-member charge structure. The annual fee is $50 per member (Schedule 1, item 2) but is payable by the association in respect of each member (regulation 4(2)). Associations that expand membership, admit new categories of practitioner, or merge with other associations need processes to track when members become subject to a scheme because the association must pay the fee in respect of each member and may face multiple pro rata liabilities if timing falls across quarters.

• Quarter-based due dates. The timing of the annual fee is not calculated from the scheme commencement date to an anniversary; instead the regulations impose four three‑month windows with fixed due dates keyed to quarter-ends: 31 March, 30 June, 30 September, and 31 January of the following year (regulation 4(2)). An association that misses the intended window because it misclassifies the commencement period may find a fee due earlier than expected.

• Late payment interest accrues daily and is simple interest. If any part of an annual fee is not paid within 30 days after due date, simple interest at 0.05% per day applies until paid (regulation 4(4)). The daily accrual means small delays translate into continuous additional cost. The interest is simple rather than compound but continues to accrue until payment.

• Delegation cap on remittance. Although the Council may remit fees or interest for special reasons (regulation 4(5)), any delegation to the Executive Officer is restricted so the maximum amount remittable under delegation is $250 (regulation 4(6)). Associations that expect a larger remission must seek a Council decision, which can be slower and subject to political or administrative constraints.

• Rigid prescribed wording and typeface. The limitation of liability notice is prescribed in precise words and must be printed or typewritten in Times New Roman not less than 8 point (regulation 6). Deviations in wording, font, or size risk non-compliance with section 35(2) of the Act to which this prescriptive requirement relates. Documents produced automatically by modern publishing systems may default to different fonts or wording and thus require review.

• Upfront application costs. The fee for an application for a scheme, amendment, or revocation is $5,000 (Schedule 1, item 1(a) and 1(b)). Associations should budget for that before lodging an application, and the fee is payable to the Council whether the application succeeds or not.

• Transitional carryover of unpaid amounts. Outstanding fees or interest that fell due under the revoked 2006 regulations are taken to be due and payable under the equivalent provisions of the new regulations on commencement (Schedule 2, reg 3(1) and (2)). That means associations cannot rely on the regulatory changeover to escape prior liabilities.

• Short challenge window. The prescribed two month period to apply to the Supreme Court under s 16(1) of the Act may be shorter than parties expect (regulation 5). Practitioners need to diarise challenge windows carefully; the transitional provision preserves any unexpired remainder from the prior regulations but does not extend time.

• No guidance on "special reasons" for remittance. The Council may remit fees or interest if it considers there are special reasons (regulation 4(5)), but the regulation provides no statutory criteria or procedural framework for such decisions. This creates uncertainty about the threshold and process for obtaining relief.

• Lack of specified enforcement mechanics. The regulations impose interest and payment obligations but do not specify administrative sanctions beyond interest or detailed debt recovery procedures. Associations may need to consider the Act or general law remedies if fees remain unpaid.

Addressing these points requires administrative systems for timing and accounting, awareness of the precise prescribed statement, budgeting for fixed application fees, and timely contact with the Council if remission is sought. The transitional rules also mean associations must assess historical liabilities under the 2006 regulations as if they were continued under the new instrument.

Compliance requires operational steps by associations and attention by advisers. Below is a practical checklist based on the text, with references to the relevant provisions.

1. Confirm the association’s obligations and scheme dates

   • Identify whether the association’s members are subject to a scheme in force under the Act. Regulation 3 defines the Act and the term professional standards legislation.
   • Record the date on which the relevant scheme comes into operation. That date determines which quarterly payment window applies for the annual fee (regulation 4(2)).

2. Budget for fees and prepare payment processes

   • For any application to the Council for approval of a scheme, or for an amendment or revocation under section 8 of the Act, ensure payment of the $5,000 application fee (Schedule 1, item 1(a) and (b)).
   • Set up billing and collection processes so the annual fee of $50 per member is collected and paid by the association by the applicable due date depending on the quarter the scheme commenced (Schedule 1, item 2; regulation 4(2)).

3. Monitor member additions and calculate additional fees

   • If a scheme becomes applicable to an additional member during any quarter, the association must pay the annual fee in respect of the additional member by the corresponding due date for that quarter (regulation 4(3)). Maintain a register to track when members become subject to schemes.

4. Observe deadlines precisely

   • The quarterly windows and due dates are fixed: for schemes commencing in the three months ending 31 March, pay by 31 March; for those ending 30 June, pay by 30 June; for those ending 30 September, pay by 30 September; for those ending 31 December, pay by 31 January of the following year (regulation 4(2)). For additional members, the same pattern applies (regulation 4(3)).

5. Guard against late payment interest

   • If any part of the annual fee is unpaid 30 days after it is due, simple interest at 0.05% per day applies until paid (regulation 4(4)). Calculate this exposure into your cashflow and ensure bank transfer processes allow settlement well within 30 days of the due date.

6. Keep records of payments and interest

   • Maintain contemporaneous documentation of all payments and any accrued interest so you can evidence compliance if the Council queries a balance. If a payment was made under the revoked 2006 regulations but was taken to be due under the new regulations, ensure records show the date and nature of the original payment (Schedule 2, reg 3(3)).

7. Apply for remittance if justified

   • If special circumstances exist, submit an application to the Council for remission of all or part of a fee or interest with supporting evidence, referencing regulation 4(5). If urgency or small value is involved, request the Executive Officer to exercise delegated authority but note the maximum remittance available under delegation is $250 (regulation 4(6)).

8. Prepare prescribed notification statements correctly

   • Where section 35(2) of the Act requires a limitation of liability statement, include the exact prescribed wording: "Liability limited by a scheme approved under professional standards legislation." Ensure it is printed or typewritten in Times New Roman not less than 8 point (regulation 6). If you have documents printed before commencement that complied with the former regulation, keep copies as they are taken to comply under Schedule 2, reg 5.

9. Advise potential challengers of the two month window

   • If a person seeks to challenge a scheme under s 16(1) of the Act, they must apply to the Supreme Court within two months after the scheme comes into operation (regulation 5). Where a challenge period under the 2006 regulations began but was not exhausted at commencement, the remainder of that period is preserved (Schedule 2, reg 4).

10. Audit historic liabilities on transition

    • Where the association operated under the revoked 2006 regulations, audit any fees or interest that fell due and were unpaid because on commencement those amounts become due and payable under the new regulations (Schedule 2, reg 3(1) and (2)). Treat prior remittances as validly made under the new provisions (Schedule 2, reg 3(3)).

11. Maintain communication with the Council

    • Where payment issues arise, contact the Council promptly to discuss remittance options and any administrative procedures. For remittance above $250 the matter must be dealt with by the Council rather than the Executive Officer (regulation 4(6)).

12. Recordkeeping and governance

    • Ensure board minutes and financial records record decisions on payment of application fees, annual fees, remittance requests and responses from the Council. Given the lack of statutory criteria for “special reasons” (regulation 4(5)), the Council will likely require factual documentation to support any remission application.

Following this checklist will align an association’s processes with the requirements in the regulations and reduce the risk of overrunning payment windows or failing to display the mandated limitation-of-liability wording. Where doubt exists about interaction with the parent Act or the implications of non-payment, seek advice that references the Act together with these regulations.