Guardianship and Administration Amendment (Fees) Regulations 2012
I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Guardianship and Administration Act 1995 .
19 November 2012PETER G. UNDERWOOD
Governor
By His Excellency's Command,
BRIAN WIGHTMAN
Minister for Justice
These regulations may be cited as the Guardianship and Administration Amendment (Fees) Regulations 2012 .
These regulations take effect on the day on which their making is notified in the Gazette.
In these regulations, the Guardianship and Administration Regulations 2007 are referred to as the Principal Regulations.
4. Regulations 13 , 14 , 15 , 16 and 17 inserted
After regulation 12 of the Principal Regulations , the following regulations are inserted:13. Fees in relation to instruments of appointment as an enduring guardian
(1) In this regulation –relevant instrument means an instrument of appointment as an enduring guardian under Part 5 of the Act.(2) A person who lodges for registration with the Board a relevant instrument under section 32 of the Act must pay to the Board a fee of 45 fee units.(3) A person who lodges for registration with the Board an instrument under section 33 of the Act revoking a relevant instrument must pay to the Board a fee of 32 fee units.(4) A person who applies to the Board to search, or inspect, for the particulars in relation to a relevant instrument, a register that is kept under the Act by the Board, must pay to the Board a fee of 19.5 fee units.(5) A person who applies to the Board for a copy of a relevant instrument must pay to the Board a fee of 20 fee units.(6) A person who applies to the Board for a certified copy of a relevant instrument must pay to the Board a fee of 29 fee units.14. Fees for copy of transcripts
A person who applies to the Board for a copy of a transcript of a proceeding under the Act must –(a) if the transcript exists when the application is made, pay to the Board a fee of 2 fee units for each page of the transcript that is provided to the person; or(b) if the transcript does not exist when the application is made, pay to the Board a fee of 8 fee units for each page of the transcript that is provided to the person.15. Fees for examining statements of certain accounts
(1) The administrator of an estate, of a represented person, that is a relevant estate must pay to the Board, for the examination by the Board of a statement of the accounts of the estate provided to the Board under section 63(3) of the Act –(a) a fee of 83.5 fee units, if the administrator is the Public Trustee; or(b) a fee of 118 fee units, if the administrator is not the Public Trustee.(2) For the purposes of subregulation (1) , an estate is a relevant estate if the estate is of more than $50,000 in value at the last day of the period to which the statement of the accounts of the estate provided to the Board under section 63(3) relates.(3) The value of the following items are not to be taken into account in determining the value of an estate of a represented person for the purposes of this regulation:(a) the represented person's household furniture and effects, including personal jewellery;(b) the represented person's principal place of residence;(c) the principal place of residence of the spouse of the represented person or a child, of the represented person, who is a minor;(d) the represented person's former principal place of residence, if –(i) it has been, at any time during the period to which the statement of the accounts relates, occupied by the represented person; and(ii) it was not rented to another person at any time during that period.A person must pay to the Board a fee of 2 fee units per page for a photocopy of a document made by or on behalf of the Board and provided to the person at the person's request.The Registrar may, on the application of a person, waive all or part of a fee that would otherwise be payable under these regulations by the person, if the Registrar is satisfied that requiring the person to pay all or part of the fee would cause undue hardship to the person or a person represented by the person.
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 28 November 2012
These regulations are administered in the Department of Justice.
EXPLANATORY NOTE
(This note is not part of the regulation)
These regulations amend the Guardianship and Administration Regulations 2007 by including provisions requiring fees to be paid in relation to various matters under the Guardianship and Administration Act 1995 and by permitting the Guardianship and Administration Board to waive any of those fees in whole or in part.