Corporations (Fees) Regulations (Amendment) (Cth)
__________________
I, WILLIAM
PATRICK DEANE, the Governor-General
of the Commonwealth of Australia, acting with the advice of the Federal
Executive Council, make the following regulations under the
Dated 30 June 1998.
WILLIAM DEANE
Governor-General
By His Excellency’s Command,
ian campbell
Parliamentary Secretary to the Treasurer
for the
Treasurer
____________
1.1 Subject to subregulation 1.2, these
regulations commence immediately after the commencement of item 198 in Schedule
3 to the
1.2 Subregulations 4.4, 4.8, 4.23 and 4.32
commence on the commencement of the
2.1 The Corporations (Fees) Regulations are amended as set out in these regulations.
3.1 After regulation 2, insert:
“
(a) a company holding a licence that is continued in force by section 151 and allows the company to omit ‘Limited’ from its name; or
(b) in the case of a company limited by guarantee, or by both shares and guarantee, that was registered immediately before the commencement of this item—if the constitution of the company states that the company:
(i) is formed for the purpose of providing recreation or amusement or promoting commerce, industry, art, science, religion, charity, patriotism pension or superannuation schemes or any other object useful to the community; and
(ii) applies its profits (if any) or other income in promoting its purpose; and
(iii) prohibits the distribution of its income or property to its members; or
(c) a company that, under subsection 150 (1), is registered without ‘Limited’ in its name; or
(d) a company the constitution of which:
(i) requires the company to pursue charitable purposes only and to apply its income in promoting those purposes; and
(ii) prohibits the company making distributions to its members and paying fees to its directors; and
(iii) requires its directors to approve all other payments the company makes to them; or
(e) a proprietary company, except a company to which item 7A or 7B applies, if:
(i) the company is the proprietor of land on which a building divided into separate residential areas and areas for common use is erected; and
(ii) the members of the company are entitled, because of the shares they hold in the company, to the exclusive occupation of 1 or more of the residential areas and to the use of the common areas; and
(iii) the company only operates to facilitate and enforce the rights of company members in relation to exclusive occupation of the residential areas and to maintain the common areas; or
(f) a company not mentioned in a preceding paragraph of this definition, if:
(i) the constitution of the company prohibits distribution of the company’s income or property to its members; and
(ii) the sole purpose of the company is to act as the trustee of a regulated superannuation fund within the meaning of section 19 of the
Superannuation Industry (Supervision) Act 1993 .”.
4.1 Part 1:
Omit the Part.
4.2 Part 2 heading:
Omit the heading.
4.3 Item 1:
Omit all the words before paragraph (a), substitute:
“On application under subsection 782 (1) for a dealers licence or an investment advisers licence or under subsection 1144 (1) for a futures brokers licence or a futures advisers licence:”. |
4.4 After item 1, insert:
“1A | On application for variation of a dealers licence to authorise the licensee to operate a managed investment scheme or managed investment schemes of a particular kind |
$230”. |
4.5 Paragraphs 2 (a) and (b):
Omit the paragraphs, substitute:
|
$290 |
|
$115”. |
4.6 Item 5:
Omit the item, substitute:
“5 | On application for: |
| |
| $690 |
| $290 |
| |
|
$290 |
| $690 |
| $750”. |
4.7 Item 6:
Omit “Part 4.1”, substitute “Part 5B.2”.
4.8 After item 6, insert:
“6A | On application under section 601EA for registration of a managed investment scheme: |
| $870 |
| $1730”. |
4.9 Item 7:
Omit the item, substitute:
“7 | On lodging the annual return, except a return to which item 7A or 7B applies, of: |
| $870 |
| $200 |
| $35 |
| $870”. |
4.10 Item 8:
Omit “a Division 1 company”, substitute “a company registered under section 118”.
4.11 Item 9:
Omit “section 349”, substitute “section 601CK”.
4.12 Items 9A, 9B and 9C:
Omit the items, substitute:
“9A | On lodging a report under section 319: | |
| $870 | |
9B |
| no fee”. |
4.13 Items 11 and 12:
Omit the items.
4.14 Item 21:
Omit the item.
4.15 Paragraph 22 (a):
Omit “subsection 367 (4)”, substitute “subsection 147 (2) or 601DC (2)”.
4.16 Paragraph 22 (b):
Omit the paragraph, substitute:
| $290”. |
4.17 Paragraph 23 (a):
Omit the paragraph, substitute:
|
4.18 Item 24:
Omit the item, substitute:
“24 | On application: |
| |
| $115”. |
4.19 Paragraph 25 (a):
Omit the paragraph, substitute:
|
4.20 Paragraph 25 (b):
After “under”, insert “Chapter 5C or”.
4.21 Item 26:
Omit the item, substitute:
“26 | On lodging an application for the reservation of a name or for the extension of a reservation of a name | $35”. |
4.22 Item 29:
Omit all the words before paragraph (a), substitute:
ASC containing information relating to a single corporation or registered scheme, if the information is retrieved using a computer system:”. |
4.23 Item 30:
After “corporation”, insert “or registered scheme”.
4.24 Item 32:
Omit “the Commission”, substitute “ASC”.
4.25 Item 33:
Omit all the words before paragraph (a), substitute:
recorded entries about a corporation or a registered scheme, or a director or secretary of a company, on all registers maintained using a computer system:”. |
4.26 Item 34:
Omit the item, substitute:
“34 | For a certificate issued by ASC, except a certificate issued under: |
| |
| $15”. |
4.27 Item 35:
Omit “the Commission”, substitute “ASC”.
4.28 Item 35:
Omit “items 30, 31 and 32”, substitute “item 30, 31 or 32”.
4.29 Item 36:
Omit “the Commission”, substitute “ASC”.
4.30 Item 37:
Omit “the Australian Securities Commission”, substitute “ASC”.
4.31 Item 38:
Omit the item.
4.32 Item 39:
Omit “Chapter 7 or 8,”, substitute “Chapter 5C, 7 or 8”.
4.33 Item 40:
Omit “the Commission”, substitute “ASC”.
4.34 Paragraph 40 (a):
Omit the paragraph, substitute:
|
4.35 Items 41 and 42:
Omit “the Commission”, substitute “ASC”.
_____________________________________________________
1. Notified in the
Commonwealth of Australia Gazette on 30 June 1998.2. Statutory Rules 1990 No. 456 as amended by 1992 No. 236; 1993 No. 242; 1994 Nos. 34, 199, 303 and 422; 1995 Nos. 124 and 346; 1996 No. 251; 1997 No. 130.
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