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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Professional Standards Amendment Bill 2007
TABLE OF PROVISIONS
Clause Page
1 Purpose 1
2 Commencement 2
3 Principal Act 2
4 Definitions 2
5 Professional Standards Council Fund 3
6 New sections 52A and 52B inserted 4
52A Delegation 4
52B Council may enter into agreements 4
7 Regulations 5
8 New section 60 inserted 7
60 Transitional provisions--Professional Standards
Amendment Act 2007 7
9 Clause 1 of Schedule 4 repealed 7
10 Repeal of Act 7
ENDNOTES 8
561038B.I-22/5/2007 i BILL LA INTRODUCTION 22/5/2007
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Professional Standards Amendment Bill
2007
A Bill for an Act to amend the Professional Standards Act 2003 to
provide for the establishment of a new Professional Standards Council
Fund and the closure of the existing fund, to provide for delegation
powers and further regulation-making powers and for other purposes.
The Parliament of Victoria enacts:
1 Purpose
The purpose of this Act is to amend the
Professional Standards Act 2003--
(a) to provide for the establishment of a new
5 Professional Standards Council Fund and the
closure of the existing fund;
(b) to provide for delegation powers and further
regulation-making powers, including powers
relating to the payment of fees by members
10 of occupational associations.
561038B.I-22/5/2007 1 BILL LA INTRODUCTION 22/5/2007
Professional Standards Amendment Bill 2007
s. 2
2 Commencement
(1) This Act, except sections 5 and 8, comes into
operation on the day after the day on which it
receives the Royal Assent.
5 (2) Sections 5 and 8 come into operation on 1 July
2007.
3 Principal Act
See: In this Act, the Professional Standards Act 2003
Act No.
100/2003 is called the Principal Act.
and
amending
Act Nos
40/2004,
108/2004,
18/2005,
79/2006 and
80/2006.
LawToday:
www.
legislation.
vic.gov.au
10 4 Definitions
In section 4(1) of the Principal Act insert the
following definitions--
"annual fee means a fee payable to the Council
by an occupational association whose
15 members are subject to a scheme in force
under the Act;
annual fee period, in relation to a scheme, means
the period of 12 months beginning on the
date on which the scheme commences and
20 each anniversary of that date;
Secretary means the Secretary to the Department
of Justice;".
561038B.I-22/5/2007 2 BILL LA INTRODUCTION 22/5/2007
Professional Standards Amendment Bill 2007
s. 5
5 Professional Standards Council Fund
(1) For section 52(1) of the Principal Act
substitute--
"(1) The Council must establish and keep an
5 account to be known as the Professional
Standards Council Fund.".
(2) After section 52(2)(b) of the Principal Act
insert--
"(ba) all money forming part of the Fund by virtue
10 of section 60; and".
(3) For section 52(3) of the Principal Act
substitute--
"(3) The money standing to the credit of the Fund
is to be applied as directed by the Council in
15 the payment of--
(a) expenses incurred in carrying out the
Council's functions by the Council or
on its behalf; or
(b) expenses incurred by a committee
20 established under section 49 in carrying
out the committee's functions under this
Act; or
(c) any payments to be made--
(i) to members of the Council under
25 this Act; and
(ii) to other persons engaged to carry
out functions under this Act; or
(d) any other expenses incurred in the
administration of this Act.".
561038B.I-22/5/2007 3 BILL LA INTRODUCTION 22/5/2007
Professional Standards Amendment Bill 2007
s. 6
6 New sections 52A and 52B inserted
After section 52 of the Principal Act insert--
"52A Delegation
The Council, in writing, may delegate to the
5 Secretary or to a person employed under
Part 3 of the Public Administration Act
2004 as an executive within the meaning of
that Act, any function of the Council, other
than--
10 (a) this power of delegation; or
(b) a function under Division 1 of Part 2,
section 34 or Part 4.
Note
Section 42A(1)(b) of the Interpretation of
15 Legislation Act 1984 provides that any delegation
may be made subject to such conditions or limitations
specified by the person or body making the
delegation.
52B Council may enter into agreements
20 (1) The Council may enter into an agreement
with an entity for the provision by that entity
of services of an administrative nature in
support of the functions of the Council.
(2) Without limiting subsection (1), the Council
25 may enter into an agreement with a person
acting for another State or a Territory for the
provision by an officer or authority of the
State or Territory of services of an
administrative nature in support of the
30 functions of the Council.
(3) An agreement under this section may make
provision for all or any matters necessary or
convenient to be provided for, or incidental
to, carrying out the agreement.".
561038B.I-22/5/2007 4 BILL LA INTRODUCTION 22/5/2007
Professional Standards Amendment Bill 2007
s. 7
7 Regulations
(1) For section 57(2)(b) of the Principal Act
substitute--
"(b) an annual fee, whether calculated by an
5 amount payable for each member of that
occupational association who is subject to a
scheme in force under the Act or by any
other means of calculation;
(c) an additional member fee payable by an
10 occupational association for each additional
member of that occupational association who
becomes subject to a scheme in force under
this Act during the annual fee period;
(d) the payment of interest on unpaid fees and
15 the rate at which that interest accrues;
(e) the time by which any fee, and any interest
on unpaid fees, must be paid.".
(2) After section 57(2) of the Principal Act insert--
"(2A) The regulations--
20 (a) may be of general or limited
application;
(b) may differ according to differences in
time, place or circumstances;
(c) may confer a discretionary authority or
25 impose a duty on a specified person or
body or class of persons or bodies;
(d) may provide in a specified case or class
of cases for the exemption of persons or
things or a class of persons or things
30 from any of the provisions of the
regulations--
561038B.I-22/5/2007 5 BILL LA INTRODUCTION 22/5/2007
Professional Standards Amendment Bill 2007
s. 7
(i) whether unconditionally or on
specified conditions; and
(ii) either wholly or to such an extent
as is specified.".
5 (3) After section 57(4) of the Principal Act insert--
"(5) The regulations may--
(a) provide for the waiver or remission by
the Council of the whole or any part of
any of the following--
10 (i) the fees for applications for the
Council's approval, under
Division 1 of Part 2, of a scheme,
or an amendment to or revocation
of a scheme;
15 (ii) an annual fee;
(iii) any additional member fee
prescribed in accordance with
subsection (2)(c);
(iv) any interest payable on unpaid
20 fees;
(b) set out the circumstances in which
waiver or remission of a fee or any
interest referred to in paragraph (a) may
occur;
25 (c) provide for the waiver or remission by
a prescribed person of a fee or any
interest referred to in paragraph (a) not
exceeding a prescribed amount.".
561038B.I-22/5/2007 6 BILL LA INTRODUCTION 22/5/2007
Professional Standards Amendment Bill 2007
s. 8
8 New section 60 inserted
After section 59 of the Principal Act insert--
"60 Transitional provisions--Professional
Standards Amendment Act 2007
5 On the commencement of section 5 of the
Professional Standards Amendment Act
2007--
(a) the Professional Standards Council
Fund established in the Public Account
10 as part of the Trust Fund under
section 52(1) as in force immediately
before that commencement is closed;
and
(b) all money standing to the credit of the
15 Fund referred to in paragraph (a) must
be paid into, and is taken to form part
of, the Professional Standards Council
Fund established by section 52(1) as
substituted by that Act.".
20 9 Clause 1 of Schedule 4 repealed
Clause 1 of Schedule 4 to the Principal Act is
repealed.
10 Repeal of Act
This Act is repealed on 1 July 2008.
561038B.I-22/5/2007 7 BILL LA INTRODUCTION 22/5/2007
Professional Standards Amendment Bill 2007
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561038B.I-22/5/2007 8 BILL LA INTRODUCTION 22/5/2007
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