South Australia

   Professional Standards Regulations 2006

   under the Professional Standards Act 2004

   Contents
   1 Short title
   2 Commencement
   3 Interpretation
   4 Fees
   5 Period within which scheme may be challenged
   6 Notification of limitation of liability

   Schedule 1--Fees

   Legislative history

   1--Short title

   These regulations may be cited as the Professional Standards
   Regulations 2006.

   2--Commencement

   These regulations will come into operation on the day on which the
   Professional Standards Act 2004 comes into operation.

   3--Interpretation

   In these regulations--

   Act means the Professional Standards Act 2004;

   professional standards legislation means the Act or a law of another
   State that is similar in effect to the Act.

   4--Fees

   (1) The fees fixed by Schedule 1 are payable to the Council.

   (2) 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--

   (a) if the relevant scheme commences during the period of 3 months
   ending on 31 March in any year--not later than 31 March in each year;
   or

   (b) if the relevant scheme commences during the period of 3 months
   ending on 30 June in any year--not later than 30 June in each year; or

   (c) if the relevant scheme commences during the period of 3 months
   ending on 30 September in any year--not later than 30 September in each
   year; or

   (d) if the relevant scheme commences during the period of 3 months
   ending on 31 December in any year--not later than 31 January of each
   following year.

   (3) However, if at any time a scheme in force under the Act becomes
   applicable to an additional member of an occupational association, the
   association must pay the annual fee in respect of the additional
   member--

   (a) if the scheme becomes applicable to the member during the period of
   3 months ending on 31 March in a year--not later than 31 March in the
   year; or

   (b) if the scheme becomes applicable to the member during the period of
   3 months ending on 30 June in a year--not later than 30 June in the
   year; or

   (c) if the scheme becomes applicable to the member during the period of
   3 months ending on 30 September in a year--not later than 30 September
   in the year; or

   (d) if the scheme becomes applicable to the member during the period of
   3 months ending on 31 December in a year--not later than 31 January of
   the following year.

   (4) If any part of the annual fee (including a payment required under
   subregulation (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.

   (5) The Council may, if it considers that there are special reasons for
   doing so in a particular case, remit (in whole or in part) either or
   both of the following:

   (a) a fee fixed by Schedule 1;

   (b) interest payable under subregulation (4).

   (6) However, if the Council delegates its power under subregulation (5)
   to the Secretary of the Council, the maximum amount of a fee or
   interest that may be remitted is $250.

   5--Period within which scheme may be challenged

   For the purposes of subsection (1) of section 16 of the Act, the
   prescribed period within which a person may apply to the Supreme Court
   for an order that a scheme referred to in that subsection is void is
   2 months after the date on which the scheme comes into operation.

   6--Notification of limitation of liability

   For the purposes of section 35(2) of the Act, the prescribed form of
   statement is as follows:

   Liability limited by a scheme approved under professional standards
   legislation.

   Schedule 1--Fees

1
 For an application by an occupational association--
 (a) for approval of a scheme prepared under section 8 of the Act

                                                                                                                                  $5 000

 (b) for an amendment to, or revocation of, such a scheme

                                                                                                                                  $5 000

2
 Annual fee payable in respect of each member of an occupational
 association subject to a scheme in force under the Act

                                                                                                                                     $50

   Legislative history

   Notes

   o For further information relating to the Act and subordinate
   legislation made under the Act see the Index of South Australian
   Statutes.

   Principal regulations

   Year
       No
          Reference
                                 Commencement
   2006
       226
          Gazette 21.9.2006 p3275
                                 1.10.2006:  r 2