Version No. 008
Guardianship and Administration (Fees)
Regulations 2008
S.R. No. 132/2008
Version incorporating amendments as at
1 July 2015
TABLE OF PROVISIONS
Regulation
1 Objective
2 Authorising provision
3 Definitions
4 Assessment of fortnightly income
5 Annual fees
6 When fees payable
7 Waiver of fees
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Endnotes
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General information
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Table of Amendments
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Amendments Not in Operation
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4
Explanatory details
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Version No. 008
Guardianship and Administration (Fees)
Regulations 2008
S.R. No. 132/2008
Version incorporating amendments as at
1 July 2015
1 Objective
The objective of these Regulations is to provide
for the payment of annual fees to be paid in
respect of estates which are the subject of an
administration order.
2 Authorising provision
These Regulations are made under section 58A of
the Guardianship and Administration Act
1986.
3 Definitions
In these Regulations—
estate means an estate which is subject to an
administration order in any financial year
ending on 30 June;
the Act means the Guardianship and
Administration Act 1986.
4 Assessment of fortnightly income
For the purposes of these Regulations, the
fortnightly income of an estate must be assessed
by dividing all income received or accrued by the
estate during the previous financial year by 26.
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Guardianship and Administration (Fees) Regulations 2008
S.R. No. 132/2008
5 Annual fees
(1) The annual fee for an estate—
Reg. 5(1)(a)
amended by
S.R. Nos
107/2009
reg. 3, 69/2010
reg. 4, 12/2012
reg. 4, 76/2012
reg. 4, 75/2013
reg. 4(a),
107/2014
reg. 3(a),
81/2015 reg. 4.
(a) in the case of an estate with a fortnightly
income of less than $830 is nil;
Reg. 5(1)(b)
amended by
S.R. Nos
107/2009
reg. 3, 69/2010
reg. 4, 12/2012
reg. 4, 76/2012
reg. 4, 75/2013
reg. 4(b),
107/2014
reg. 3(b),
81/2015 reg. 4.
(b) in the case of an estate with a fortnightly
income of $830 or more is 9 fee units.
(2) No annual fee is payable for an estate which is
subject to an administration order under section 60
of the Act.
6 When fees payable
The annual fee for an estate is payable on or
before 31 December following the end of the
financial year in which the fortnightly income of
the estate was assessed.
7 Waiver of fees
The Tribunal may of its own motion, or on an
application by the administrator, waive all or part
of a fee payable under these Regulations if the
Tribunal is of the opinion that the fee would cause
undue hardship to the person in respect of whom
an administration order has been made.
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Guardianship and Administration (Fees) Regulations 2008
S.R. No. 132/2008
Endnotes
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current
authorised versions of legislation and up-to-date legislative information.
The Guardianship and Administration (Fees) Regulations 2008,
S.R. No. 132/2008 were made on 11 November 2008 by the Governor in
Council under section 58A of the Guardianship and Administration Act
1986, No. 58/1986 and came into operation on 11 November 2008.
The Guardianship and Administration (Fees) Regulations 2008 will sunset
10 years after the day of making on 11 November 2018 (see section 5 of the
Subordinate Legislation Act 1994).
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Guardianship and Administration (Fees) Regulations 2008
S.R. No. 132/2008
Endnotes
2 Table of Amendments
This publication incorporates amendments made to the Guardianship and
Administration (Fees) Regulations 2008 by statutory rules, subordinate
instruments and Acts.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Guardianship and Administration (Fees) Amendment Regulations 2009,
S.R. No. 107/2009
Date of Making:
22.9.09
Date of Commencement:
22.9.09
Guardianship and Administration (Fees) Amendment Regulations 2010,
S.R. No. 69/2010
Date of Making:
19.7.10
Date of Commencement:
2.8.10: reg. 3
Guardianship and Administration (Fees) Amendment Regulations 2012,
S.R. No. 12/2012
Date of Making:
28.2.12
Date of Commencement:
1.3.12: reg. 3
Guardianship and Administration (Fees) Further Amendment Regulations 2012,
S.R. No. 76/2012
Date of Making:
10.7.12
Date of Commencement:
16.7.12: reg. 3
Guardianship and Administration (Fees) Amendment Regulations 2013,
S.R. No. 75/2013
Date of Making:
25.6.13
Date of Commencement:
1.7.13: reg. 3
Guardianship and Administration (Fees) Amendment Regulations 2014,
S.R. No. 107/2014
Date of Making:
29.7.14
Date of Commencement:
29.7.14
Guardianship and Administration (Fees) Amendment Regulations 2015,
S.R. No. 81/2015
Date of Making:
30.6.15
Date of Commencement:
1.7.15
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Guardianship and Administration (Fees) Regulations 2008
S.R. No. 132/2008
Endnotes
3 Amendments Not in Operation
Not updated for this publication.
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Guardianship and Administration (Fees) Regulations 2008
S.R. No. 132/2008
Endnotes
4 Explanatory details
Fee Units
These Regulations provide for fees by reference to fee units within the
meaning of the Monetary Units Act 2004.
The amount of the fee is to be calculated, in accordance with section 7 of that
Act, by multiplying the number of fee units applicable by the value of a fee
unit.
The value of a fee unit for the financial year commencing 1 July 2015 is
$13.60. The amount of the calculated fee may be rounded to the nearest
10 cents.
The value of a fee unit for future financial years is to be fixed by the
Treasurer under section 5 of the Monetary Units Act 2004. The value of a
fee unit for a financial year must be published in the Government Gazette and
a Victorian newspaper before 1 June in the preceding financial year.
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