THE CORPORATIONS LAW

CHAPTER 9 - MISCELLANEOUS

PART 9.10 - FEES FOR CHARGEABLE MATTERS

SECTION 1358   FEE NOT ASCERTAINABLE WHEN IT BECAME PAYABLE  

1358(1)  [Fee not ascertainable when payable]  

This section applies where the amount of a fee payable under section 1351 cannot be ascertained when the fee becomes payable, but at a later time becomes able to be ascertained.

1358(2)  [Application of deposit]  

If a person has paid a deposit on account of the fee, the Commission must apply towards payment of the fee so much of the deposit as does not exceed the amount of the fee and:

(a)  if the amount of the deposit exceeds the amount of the fee - the Commission must refund to the person the amount of the excess; or

(b)  if the amount of the fee exceeds the amount of the deposit - as from the later time, so much of the fee as exceeds the amount of the deposit is a debt due to the Commonwealth and payable by the person.

1358(3)  [When fee becomes due]  

Otherwise, the fee is, as from the later time, a debt due to the Commonwealth and payable by the person whom the Commission determines in writing to be the person who it is reasonable to expect would have paid the fee had the fee been able to be ascertained when it became payable.