Australian Securities and Investments Commission Supervisory Cost Recovery Levy (Consequential Amendments) Regulations 2017 (Cth)

ASIC Supervisory Cost Recovery Levy (Consequential Amendments) Regulations 2017

I, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.

Dated 27 June 2017

Peter Cosgrove

Governor‑General

By His Excellency’s Command

Mathias Cormann

Minister for Finance

For the Minister for Revenue and Financial Services

Contents

1Name

This instrument is the ASIC Supervisory Cost Recovery Levy (Consequential Amendments) Regulations 2017.

2Commencement

1. (1)

   Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1. Sections 1 to 4 and anything in this instrument not elsewhere covered by this table	The day after this instrument is registered.	30 June 2017
2. Schedule 1, Part 1	At the same time as the ASIC Supervisory Cost Recovery Levy Act 2017 commences. However, the provisions do not commence at all if that Act does not commence.	1 July 2017
3. Schedule 1, Part 2	The later of: (a) immediately after the commencement of the provisions covered by table item 2; and (b) the start of 1 September 2017. However, the provisions do not commence at all if the event mentioned in paragraph (a) does not occur.	1 September 2017 (paragraph (b) applies)

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

1. (2)

   Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3Authority

This instrument is made under the Corporations (Fees) Act 2001.

4Schedules

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1—Amendments

Part 1Amendments commencing at the same time as the ASIC Supervisory Cost Recovery Levy Act 2017

Corporations (Fees) Amendment Regulation 2016

1

Subsection 2(1) (table item 3, column 1)

Omit “items 5 to 11”, substitute “item 5”.

2

Items 6 to 11 of Schedule 1

Repeal the items.

Corporations (Fees) Regulations 2001

3

Subregulation 3(1) (note)

Omit “5, 6, 8, 9,”, substitute “4, 5, 6,”.

4

After regulation 3

Insert:

4Prescribed fees for certain notices lodged with ASIC

For section 5 of the Act, the fee of $5 is prescribed for lodging a notice with ASIC for publication on ASIC’s publication website, as required by any of the following provisions:

1. (a)

   section 436E, 446A, 450A, 497 or 568A of the Corporations Act;

2. (b)

   section 439A, 449C, 498 or 509 of the Corporations Act;

3. (c)

   regulation 5.6.14A, 5.6.39, 5.6.48, 5.6.65 or 5.6.69 of the Corporations Regulations.

5

Regulations 8 and 9

Repeal the regulations.

6

Part 3

Repeal the Part.

7

Schedule 1 (table item 42A, column 2)

Omit all the words after “as required by”, substitute “section 412 or subsection 465A(1)”.

8

Schedule 1 (table item 42B)

Repeal the item.

9

Schedule 1 (table item 42C, column 2)

Omit all the words after “as required by”, substitute “section 491”.

10

Schedule 1 (table item 42D)

Repeal the item.

Part 2Other amendments

Corporations (Fees) Regulations 2001

11

Paragraph 4(b)

Repeal the paragraph, substitute:

1. (b)

   section 75‑40 or 75‑135 of the Insolvency Practice Rules (Corporations) 2016;

12

Paragraph 4(c)

Omit “5.6.14A,”, substitute “5.4.01B,”.