CHAPTER 9
-
MISCELLANEOUS
PART 9.10
-
FEES IMPOSED BY THE CORPORATIONS (FEES) ACT 2001 AND THE CORPORATIONS (REVIEW FEES) ACT 2003
History
Pt 9.10 heading substituted by No 24 of 2003, s 3, Sch 1
[
39] (effective 1 July 2003).
SECTION 1351
FEES ARE PAYABLE TO THE COMMONWEALTH
1351(1)
The fees imposed under the
Corporations (Fees) Act 2001
are payable to the Commonwealth.
History
S 1351(1) substituted by No 24 of 2003, s 3, Sch 1
[
40].
1351(2)
Review fees (which are imposed by the
Corporations (Review Fees) Act 2003
) are payable to the Commonwealth.
History
S 1351(2) substituted by No 69 of 2023, s 3, Sch 2[121] (effective 15 September 2023).
1351(3)
The date on which a review fee becomes due and payable is worked out under this table.
Due date for review fees
|
Item
|
For a review fee imposed on...
|
The due date is...
|
1 |
a company |
2 months after the review date to which the fee relates |
2 |
a registered scheme |
2 months after the review date to which the fee relates |
2A |
a notified foreign passport fund |
2 months after the review date to which the fee relates |
3 |
a registered Australian body |
the date prescribed by the regulations |
4 |
a natural person registered as an auditor under
Part 9.2 |
the date prescribed by the regulations |
5 |
(Repealed) |
|
6 |
a person holding an Australian financial services licence under
Part 7.6 |
the date prescribed by the regulations |
History
S 1351(3) amended by No 69 of 2023, s 3, Sch 2[122] (effective 15 September 2023).
S 1351(3) amended by No 61 of 2018, s 3, Sch 2[349A] (effective 18 September 2018).
S 1351(3) amended by No 11 of 2016, s 3, Sch 2[257].
S 1351(3) substituted by No 24 of 2003, s 3, Sch 1
[
40].
1351(4)
However, a review fee is not payable to the Commonwealth by a company in relation to a review date in a year if:
(a)
both of the following apply:
(i)
ASIC has given notice of the proposed deregistration of the company in accordance with paragraph
601AA(4)(c)
, and published notice of the proposed deregistration of the company in accordance with paragraph
601AA(4)(d)
;
(ii)
the review date for that year falls in the 2 month period before or after the publication of the notice published in accordance with paragraph
601AA(4)(d)
; or
(b)
in the case of a company, a registered scheme, a notified foreign passport fund or a registered Australian body
-
the company, scheme, fund or body has, in a previous year, paid the fee in respect of the review date for that year in accordance with regulations made under the
Corporations (Review Fees) Act 2003
for the purposes of this section.
[
CCH Note:
S 1351(4) will be amended by No 69 of 2020, s 3, Sch 1[1281], by substituting
"
the Registrar
"
for
"
ASIC
"
in para (a)(i) (effective 1 July 2026 or a day or days to be fixed by Proclamation).]
History
S 1351(4) amended by No 69 of 2023, s 3, Sch 2[122] (effective 15 September 2023).
S 1351(4) amended by No 61 of 2018, s 3, Sch 2[349B] and
[
349C] (effective 18 September 2018).
S 1351(4) amended by No 48 of 2012, s 3, Sch 1, Pt 2
[
24]
-
[
25].
S 1351(4) inserted by No 101 of 2007, s 3, Sch 1
[
221].
Note: Subsection
(4)
applies in relation to CCIVs with modifications: see section
1242G
.
History
S 1351 amended by No 8 of 2022, s 3, Sch 2[196] (effective 1 July 2022).
[
CCH Note:
The next section is s 1354.]
SECTION 1354
LODGMENT OF DOCUMENT WITHOUT PAYMENT OF FEE
1354(1)
This section applies where:
(a)
a fee is payable under section
1351
for the lodgment of a document; and
(b)
the document was submitted for lodgment without payment of the fee.
[
CCH Note:
S 1354(1) will be amended by No 69 of 2020, s 3, Sch 1[1282], by inserting
"
with ASIC or the Registrar
"
after
"
document
"
in para (a) (effective 1 July 2026 or a day or days to be fixed by Proclamation).]
1354(2)
The document is not taken not to have been lodged merely because of non-payment of the fee.
SECTION 1355
1355
DOING ACT WITHOUT PAYMENT OF FEE
If a fee is payable under section
1351
for a matter involving the doing of an act by the Minister or ASIC, the Minister or ASIC may refuse to do that act until the fee is paid.
[
CCH Note:
S 1355 will be amended by No 69 of 2020, s 3, Sch 1[1283], by substituting
"
, ASIC or the Registrar, the Minister, ASIC or the Registrar
"
for
"
or ASIC, the Minister or ASIC
"
, (effective 1 July 2026 or a day or days to be fixed by Proclamation).]
SECTION 1356
1356
EFFECT OF SECTIONS 1354 AND 1355
Sections 1354 and 1355 have effect despite anything in another Part of this Act.
[
CCH Note:
The next section is s 1359.]
SECTION 1359
1359
WAIVER AND REFUND OF FEES
Nothing in this Part, the
Corporations (Fees) Act 2001
or the
Corporations (Review Fees) Act 2003
prevents the Commonwealth from:
(a)
waiving or reducing, in a particular case or in particular classes of cases, fees that would otherwise be payable under this Act; or
(b)
refunding, in whole or in part, in a particular case or in particular classes of cases, fees paid under this Act.
History
S 1359 amended by No 24 of 2003, s 3, Sch 1
[
41] (effective 1 July 2003).
SECTION 1360
1360
DEBTS DUE TO THE COMMONWEALTH
ASIC may, on behalf of the Commonwealth, recover a debt due under this Part.
[
CCH Note:
S 1360 will be amended by No 69 of 2020, s 3, Sch 1[1284], by inserting
"
or the Registrar
"
after
"
ASIC
"
, (effective 1 July 2026 or a day or days to be fixed by Proclamation).]
[
CCH Note:
There is no section 1361.]
SECTION 1362
1362
PAYMENT OF FEE DOES NOT GIVE RIGHT TO INSPECT OR SEARCH
To avoid doubt, nothing in this Part, and nothing done under this Part:
(a)
imposes on ASIC a duty to allow the inspection or search of a register or document, or to make available information; or
(b)
confers a right to inspect or search a register or document or to have information made available;
except so far as such a duty or right would, but for the effect of section
1355
, exist under a provision of another Part of this Act or under some other law.
[
CCH Note:
S 1362 will be amended by No 69 of 2020, s 3, Sch 1[1285], by inserting para (ab) (effective 1 July 2026 or a day or days to be fixed by Proclamation). Para (ab) will read:
(ab)
imposes on the Registrar a duty to allow the inspection or search of the document, or to make available information; or]