Corporations Act 2001

CHAPTER 9 - MISCELLANEOUS  

PART 9.10 - FEES IMPOSED BY THE CORPORATIONS (FEES) ACT 2001 AND THE CORPORATIONS (REVIEW FEES) ACT 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.

1351(2)    

Review fees (which are imposed by the Corporations (Review Fees) Act 2003 ) are payable to the Commonwealth.

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5	(Repealed)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

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.

Note: Subsection (4) applies in relation to CCIVs with modifications: see section 1242G .

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.

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.

SECTION 1356  

1356   EFFECT OF SECTIONS 1354 AND 1355  
Sections 1354 and 1355 have effect despite anything in another Part of this Act.

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.

SECTION 1360  

1360   DEBTS DUE TO THE COMMONWEALTH  
ASIC may, on behalf of the Commonwealth, recover a debt due under this Part.

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.