Australian Capital Territory
Attorney General (Fees) Amendment Determination 2012 (No 2)
Disallowable instrument DI2012–49
made under the  
Unit Titles (Management) Act 2011, s 119 (Unit Titles certificate and access to owners corporation records)

1	Name of instrument
This instrument is the Attorney General (Fees) Amendment Determination 2012 (No 2).
2	Commencement 
This instrument commences the day after this instrument is notified. 
3	Amendments
This instrument amends the Attorney-General (Fees) Determination 2011 (DI 2011-115) by:
(1)	inserting a new clause 2B “2B The fee payable for a service in schedule 2 for items 423-424 comes into effect the day after the Attorney General (Fees) Amendment Determination 2012 (No 2) is notified.”
(2)	inserting a new clause 4A:
“4A	Determination of maximum fee
(1)	The maximum fee payable for a matter stated in items 422-424 in schedule 2, column 2 is the fee stated in the schedule, column 3 for that matter.
(2)	Any fee paid for a matter stated in items 422-424 is payable to the owners corporation.
(3)	Any fee paid for a matter stated in items 422-424 is payable by the person requesting the service.
(4)	Clause 4 does not apply to items 422-424 in schedule 2.
Explanatory note:  The Unit Titles (Management) Act 2011 provides for the maximum fee for unit title certificates and requests to inspect owners corporation records to be set by disallowable instrument.  An owners corporation may set any fee less than or equal to the maximum fee.  Fees under these provisions are being included in the Attorney General (Fees) Determination to ensure that they are annually indexed.  Maximum fees for these purposes were previously prescribed under the Unit Titles Regulation 2001, under section 75 of the Unit Titles Act 2001.”
(3)	deleting clause 4(3)
(4)	amending schedule 1 to add the words “-424” after “422” last occurring.  
(5)	amending schedule 2 by inserting at the bottom of the table:
423	The fee payable by a person requesting to inspect the records of the owners corporation under section 119 if the person has also requested a unit title certificate in accordance with section 119(5).
Explanatory note:  The maximum fee payable of $0 to inspect the owners corporation’s records where a unit title certificate is also requested was previously prescribed under the Unit Titles Regulation 2001, under section 75 of the Unit Titles Act 2001.	Nil	
424	The maximum fee payable by a person requesting to inspect the records of the owners corporation under section 119 but not requesting a unit title certificate.
Explanatory note:  This fee was previously prescribed under the Unit Titles Regulation 2001.  As at 1 July 2009 the fee was set at $80.  The fee has been increased by the Wage Price Index (WPI) forecast of 3.5% in the Attorney General (Fees) Determination 2010 (repealed) and 3.5% in the Attorney General (Fees) Determination 2011 and rounded to the nearest dollar.	$86 (plus any GST payable in relation to the amount)	

4	Republication
The Parliamentary Counsel is authorised to reprint DI2011-115 together with this amendment.

Simon Corbell, MLA
Attorney-General
14 May 2012