| C2004C02974 | COMPANIES (FEES) ACT 1981
- Reprinted as at 31 January 1994 (#DATE 31:01:1994)
*1* The Companies (Fees) Act 1981 as shown in this reprint comprises Act No. 90, 1981 amended as indicated in the Tables below. Table of Acts Act Date Date of Application, Number and of Assent commencement saving or year transitional provisions Companies (Fees) Act 1981 90, 1981 18 June 1981 1 July 1982 (see s. 2 and Gazette 1982, No. S124) Companies and Securities Legislation (Miscellaneous Amendments) Act 1981 153, 1981 26 Oct 1981 Part VIII (ss. 88, 89): 1 July 1982 (see s. 2 (4) and Gazette 1982, No. S124) (a) - Companies (Fees) Amendment Act 1985 120, 1985 28 Oct 1985 30 June 1986 (see s. 2 and Gazette 1986, No. S283) - Co-operative Scheme Legislation Amendment Act 1989 92, 1989 27 June 1989 S. 78: (b) S. 82 (rep. by 201, 1991, s. 16) as amended by Corporations Legislation Amendment Act (No. 2) 1991 201, 1991 18 Dec 1991 S. 16: Royal Assent (c) - (a) The Companies (Fees) Act 1981 was amended by Part VIII (sections 88 and 89) only of the Companies and Securities Legislation (Miscellaneous Amendments) Act 1981, subsection 2 (4) of which provides as follows: "(4) Parts VII, VIII, IX, X and XI shall come into operation on the day on which the Companies Act 1981 comes into operation." (b) Section 78 of the Co-operative Scheme Legislation Amendment Act 1989 was repealed by section 16 of the Corporations Legislation Amendment Act (No. 2) 1991 before a date was fixed for the commencement. (c) The Co-operative Scheme Legislation Amendment Act 1989 was amended by the Corporations Legislation Amendment Act (No. 2) 1991, subsection 2 (1) of which provides as follows: "(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent." Table of Amendments ad=added or inserted am=amended rep=repealed rs=repealed and substituted Provision affected How affected S. 3 am. No. 153, 1981 S. 4 am. No. 120, 1985 COMPANIES (FEES) ACT 1981 - LONG TITLE
SECT
An Act relating to fees payable for the purposes of the
Companies Act 1981
COMPANIES (FEES) ACT 1981 - SECT 1
Short title
SECT
1. This Act may be cited as the Companies (Fees) Act 1981.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
COMPANIES (FEES) ACT 1981 - SECT 2
Commencement
SECT
2. This Act shall come into operation on the day on which the Companies Act
1981 comes into operation.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
COMPANIES (FEES) ACT 1981 - SECT 3
Interpretation
SECT
3. (1) Expressions used in this Act have the same respective meanings as in
the Companies Act 1981.
(2) The Companies and Securities (Interpretation and Miscellaneous
Provisions) Act 1980 applies to this Act.
COMPANIES (FEES) ACT 1981 - SECT 4
Fees payable
SECT
4. (1) There shall be paid to the Commonwealth for or in respect of:
(a) the lodgment of documents with the Commission under the Companies Act
1981;
(b) the registration of documents under that Act or the inspection or search
of registers kept by, or documents in the custody of, the Commission under
that Act;
(c) the production by the Commission, pursuant to a subpoena, of any
register kept by, or documents in the custody of, the Commission under that
Act;
(d) the issuing of documents or copies of documents, the granting of
licences, consents or approvals or the doing of other acts or things by the
Ministerial Council or the Commission under that Act;
(e) the making of inquiries of, or applications to, the Ministerial Council
or the Commission in relation to matters arising under that Act; and
(f) the submission to the Commission of documents for examination by the
Commission;
such fees (if any) as are prescribed.
(1A) Where:
(a) by virtue of section 265A of the Companies Act 1981, a company is to be
deemed, for the purposes of that Act, to lodge a document with the Commission
at a particular time; and
(b) a fee would, if the company had lodged the document with the Commission
at that time, have been payable to the Commonwealth under subsection (1) of
this section for or in respect of the lodgment;
then:
(c) the company shall pay to the Commonwealth a fee (in this subsection
referred to as the "relevant fee") of an amount equal to the amount of the fee
referred to in paragraph (b); and
(d) as from that time, the relevant fee is a debt due to the Commonwealth
and may be recovered by the Commission in a court of competent jurisdiction.
(2) Where a fee is payable to the Commonwealth under subsection (1) for or
in respect of the lodgment of a document with the Commission and the document
is submitted for lodgment without payment of the fee, the document shall be
deemed not to have been lodged until the fee has been paid.
(3) Where a fee is payable to the Commonwealth under subsection (1) for or
in respect of any matter involving the doing of any act or thing by the
Ministerial Council or the Commission, the Ministerial Council or the
Commission shall not do that act or thing until the fee has been paid.
(4) This section has effect notwithstanding anything contained in the
Companies Act 1981.
(5) Nothing in this section prevents the Commonwealth from:
(a) waiving or reducing, in a particular case or classes of cases, fees that
would otherwise be payable pursuant to this section; or
(b) refunding, in whole or in part, in a particular case or classes of
cases, fees paid pursuant to this section.
COMPANIES (FEES) ACT 1981 - SECT 5
Regulations
SECT
5. (1) The Governor-General may make regulations, not inconsistent with this
Act, prescribing fees, not in any case exceeding $1,000, for the purposes of
subsection 4 (1).
(2) The power of the Governor-General to make regulations shall be exercised
only in accordance with advice that is consistent with resolutions of the
Ministerial Council.
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