Companies (Acquisition of Shares—Fees) Regulations (Cth)

COMPANIES (ACQUISITION OF SHARES - FEES) REGULATIONS
(#DATE 31:05:1988)
!!! These regulations are no longer in force - enabling legislation repealed by Act (No. 118, 1999)

- Reprinted as at 31 May 1988
*1* The Companies (Acquisition of Shares-Fees) Regulations (in force under the Companies (Acquisition of Shares-Fees) Act 1980) as shown in this reprint comprise Statutory Rules 1981 No. 126 amended as indicated in the Tables below.
Table of Statutory Rules
------------------------------------------------------------------------------ - Year and
number Date of
notification
in Gazette Date of
commencement Application, saving
or transitional
provisions
------------------------------------------------------------------------------ - 1981 No. 126 (a) 12 June 1981 1 July 1981
1982 No. 131 (b) 18 June 1982 18 June 1982 -
1983 No. 185 (b) 23 Sept 1983 1 Oct 1983 -
1984 No. 243 21 Sept 1984 1 Oct 1984 -
1986 No. 146 30 June 1986 1 July 1986 -
1987 No. 81 27 May 1987 1 July 1987 -
----------------------------------------------------------------------------- (a) The form of introductory words used to make Statutory Rules 1981 No. 126 was as follows:
"WHEREAS it is provided by sub-section (2) of section 5 of the Companies
(Acquisition of Shares-Fees) Act 1980 that the power of the Governor-General to make regulations under that Act shall be exercised only in accordance with advice that is consistent with resolutions of the Ministerial Council for Companies and Securities established under the Agreement made on 22 December 1978 between the Commonwealth and the States a copy of which is set out in the Schedule to the National Companies and Securities Commission Act 1979:
"AND WHEREAS it is provided by section 16A of the Acts Interpretation Act
1901 that a reference in an Act to the Governor-General is, unless the contrary intention appears, to be deemed to include the person for the time being administering the Government of the Commonwealth of Australia and is, unless the contrary intention appears, to be read as referring to that person acting with the advice of the Federal Executive Council:
"AND WHEREAS the making of the following Regulations is in accordance with
advice that is consistent with those resolutions:
"NOW THEREFORE I, the Administrator of the Government of the Commonwealth
of Australia, acting with the advice of the Federal Executive Council and in pursuance of section 4 of the Acts Interpretation Act 1901, hereby make the following Regulations under the Companies (Acquisition of Shares-Fees) Act 1980."
(b) The form of introductory words used to make Statutory Rules 1983 No. 185 was as follows:
"WHEREAS it is provided by sub-section 5 (2) of the Companies (Acquisition
of Shares-Fees) Act 1980 that the powers of the Governor-General to make regulations under that Act shall be exercised only in accordance with advice that is consistent with resolutions of the Ministerial Council for Companies and Securities:
"AND WHEREAS the making of the following Regulations is in accordance with
advice that is consistent with those resolutions:
"NOW THEREFORE I, the Governor-General of the Commonwealth of Australia,
acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Companies (Acquisition of Shares-Fees) Act 1980."
The form of introductory words used to make Statutory Rules 1982 No. 131
was similar to the form set out above.
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and
substituted
-----------------------------------------------------------------------------
Provision affected How affected
----------------------------------------------------------------------------- R. 2 ................ rs. 1987 No. 81
Schedule ............ am. 1982 No. 131
rs. 1983 No. 185
am. 1984 No. 243
rs. 1986 No. 146; 1987 No. 81
-----------------------------------------------------------------------------

COMPANIES (ACQUISITION OF SHARES - FEES) REGULATIONS
- TABLE OF PROVISIONS

TABLE

TABLE OF PROVISIONS

Regulation

1. Citation

2. Interpretation

3. Prescribed fees

SCHEDULE

PRESCRIBED FEES

COMPANIES (ACQUISITION OF SHARES - FEES) REGULATIONS
- REG 1
Citation

1. These Regulations may be cited as the Companies (Acquisition of Shares-Fees) Regulations.*1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

COMPANIES (ACQUISITION OF SHARES - FEES) REGULATIONS
- REG 2
Interpretation

2. In the Schedule, a reference to a section, subsection, paragraph or subparagraph, without an enactment being cited, shall be taken as a reference to that section, subsection, paragraph or subparagraph of the Companies (Acquisition of Shares) Act 1980.

COMPANIES (ACQUISITION OF SHARES - FEES) REGULATIONS
- REG 3
Prescribed fees

3. The fees payable for the purposes of sub-section 4 (1) of the Companies (Acquisition of Shares-Fees) Act 1980 are the fees specified in the Schedule in relation to the respective matters so specified.

COMPANIES (ACQUISITION OF SHARES - FEES) REGULATIONS
- SCHEDULE

SCH

SCHEDULE
Regulation 3
PRESCRIBED FEES
------------------------------------------------------------------------------ -- Column 1 Column 2 Column 3 Item Matter Fee ------------------------------------------------------------------------------ --
$ 1 On making an application for approval of the Commission
under subsection 7 (8) .................................. 70 2 On making an application for the approval of the
Commission under paragraph 12 (o) ....................... 70 3 On making an application for the approval of the
Commission under subparagraph 13 (4) (b) (iii) .......... 70 4 On making an application for the approval of the
Commission under subparagraph 14 (3) (a) (ii) and
paragraph 14 (3) (b) .................................... 70 5 On making an application for the consent of the Commission
under subsection 17 (3) ................................. 70 6 On lodging a Part C statement with the Commission under
subparagraph 17 (10) (a) (iii) .......................... 360 7 On making an application for consent of the Commission
under subsection 17 (11) ................................ 70 8 On lodging under subsection 18 (1) of a copy of a Part A
statement and a copy of a proposed offer to which the Part
A statement relates ..................................... 1,000 9 On making an application to the Commission under
subsection 19 (1) ....................................... 70 10 On making an application for the consent of the Commission
under subsection 23 (2A) ................................ 150 11 On making an application for consent of the Commission
under section 27 70 12 On lodging a copy of a notice for registration under
subsection 27 (13) where the consideration specified in
the offer consists in whole, or in part, of marketable
securities and the variation relates to:
(a) a change in the composition or type of marketable
securities; or
(b) an extension of time referred to in subsection 27
(11) where the period of time during which the offer
remains open exceeds 6months ............................ 360 13 On lodging a copy of any other notice under section 27 .. 70 14 On making an application for the consent of the Commission
under subsection 33 (6) ................................. 70 15 On making an application to the Commission under section
34 ...................................................... 70 16 On making an application for the consent of the Commission
under paragraph 37 (3) (a) .............................. 150 17 On making an application for the consent of the Commission
under paragraph 38 (2) (a) .............................. 150 18 On making an application to the Commission for an
extension of time under paragraph 52 (2) (b) ............ 70 19 On making an application to the Commission for an
exemption under subsection 57 (1) ....................... 70 20 On making an application for a declaration by the
Commission under subsection 58 (1) ...................... 70 ------------------------------------------------------------------------------ --