Companies (Fees) Amendment Act 1985 (Cth)

Companies (Fees) Amendment Act 1985

No. 120 of 1985

An Act to amend the Companies (Fees) Act 1981

[Assented to 28 October 1985]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title, &c.

1. (1) This Act may be cited as the Companies (Fees) Amendment Act 1985.

(2) The Companies (Fees) Act 19811 is in this Act referred to as the Principal Act.

Commencement

2. This Act shall come into operation, or shall be deemed to have come into operation, as the case requires, on the day on which section 7 of the Companies Amendment Act 1985 comes into operation.

Fees payable

3. Section 4 of the Principal Act is amended by inserting after sub-section (1) the following sub-section:

“(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 sub-section (1) of this section for or in respect of the lodgment,

then—

(c) the company shall pay to the Commonwealth a fee (in this sub-section 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.”.

 

NOTE

1. No. 90, 1981, as amended. For previous amendments, see No. 153, 1981.

[Minister’s second reading speech made in—

House of Representatives on 8 May 1985

Senate on 16 May 1985