Corporations (Fees) Amendment (Corporate Collective Investment Vehicle Framework) Regulations 2022 (Cth)

Corporations (Fees) Amendment (Corporate Collective Investment Vehicle Framework) Regulations 2022

I, General the Honourable David Hurley AC DSC (Retd), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.

Dated 31 March 2022

David Hurley

Governor‑General

By His Excellency’s Command

Michael Sukkar

Assistant Treasurer, Minister for Housing and Minister for Homelessness, Social and Community Housing

Contents

1Name

This instrument is the Corporations (Fees) Amendment (Corporate Collective Investment Vehicle Framework) Regulations 2022.

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. The whole of this instrument	The later of: (a) the day after this instrument is registered; and (b) 1 July 2022.	1 July 2022 (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Note: This table relates only to the provisions of this instrument as originally made.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Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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 1Amendments

Corporations (Fees) Regulations 2001

1

Regulation 1B

Before “In”, insert “(1)”.

1. 2

   Regulation 1B (note to the definition of member of ASIC)

Repeal the note.

3

At the end of regulation 1B

Add:

1. (2)

   Other expressions used in these Regulations that are defined in the Corporations Act have the same meanings as they have in that Act.

4

At the end of Part 3

Add:

Division 4—Amendments made by the Corporations (Fees) Amendment (Corporate Collective Investment Vehicle Framework) Regulations 2022

13Indexation of fees for CCIVs

Despite subregulation 3(2A), the chargeable matter mentioned in item 1B or 1C of the table in clause 1 of Schedule 2, as inserted by the Corporations (Fees) Amendment (Corporate Collective Investment Vehicle Framework) Regulations 2022, is not an indexable matter in the financial year starting on 1 July 2022.

5

Clause 1 of Schedule 1 (note)

Omit “Note”, substitute “Note 1”.

6

Clause 1 of Schedule 1 (before the table)

Insert:

Note 2: Items in the table referring to a company or corporation may also apply to a CCIV (see Chapter 8B).

1. 7

   Clause 1 of Schedule 1 (table items 1 and 2, column 1)

Omit “regulation 1B”, substitute “subregulation 1B(1)”.

1. 8

   Clause 1 of Schedule 1 (table items 79A and 79B, column 1)

Omit “managed investment scheme”, substitute “collective investment fund (within the meaning of subsection 1212(1))”.

1. 9

   Clause 1 of Schedule 1 (table item 80, column 1, paragraph (a))

Omit “or 8A”, substitute “, 8A or 8B”.

1. 10

   Clause 1 of Schedule 1 (table items 83 and 84, column 1)

After “scheme”, insert “or a retail CCIV”.

11

Clause 1 of Schedule 1 (after table item 105)

Insert:

105A	On application, under subsection 1226J(1), for ASIC’s consent to the removal of an auditor of a CCIV’s compliance plan	$791
105B	On application, under subsection 1226J(3), for ASIC’s consent to the resignation of an auditor of a CCIV’s compliance plan	no fee

12

Clause 1 of Schedule 1 (after table item 149)

Insert:

149A	On lodging a notice with ASIC under subsection 1224T(3) or (4) or 1224U(4) or (5) relating to a change of corporate director of a CCIV	$1,187
149B	On lodging a notice under subsection 1224V(3) or (4) informing ASIC of the appointment of a temporary corporate director of a CCIV by the Court	$1,187
149C	On lodging a notice under subsection 1224W(8) or (9) asking ASIC to alter the record of a CCIV’s registration to name a new corporate director	$1,187

13

Clause 1 of Schedule 2 (note)

Omit “Note”, substitute “Note 1”.

14

Clause 1 of Schedule 2 (before the table)

Insert:

Note 2: Items in the table referring to a company or corporation may also apply to a CCIV (see Chapter 8B).

15

Clause 1 of Schedule 2 (after table item 1)

Insert:

1A	On application, under section 1222U, for registration of a sub‑fund of a CCIV	no fee
1B	On lodging, under paragraph 1222L(2)(a), a notice stating that a CCIV is, or wishes to be, a retail CCIV	$83
1C	On lodging, under paragraph 1222L(2)(b), a notice stating that a CCIV is eligible to be, and wishes to be, a wholesale CCIV	$83

16

Clause 1 of Schedule 2 (after table item 12D)

Insert:

12E	On application, under subsection 1222Y(1), to change the name of a sub‑fund of a CCIV	no fee
12F	On application, under section 1239, to deregister a sub‑fund of a CCIV	no fee

1. 17

   Clause 1 of Schedule 2 (table items 15 and 16, column 1)

Omit “or notified foreign passport fund”, substitute “, notified foreign passport fund, CCIV or sub‑fund of a CCIV”.