Corporations (Fees) Regulations (Amendment) (Cth)

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Statutory Rules 1992

No. 236 1

__________________

Corporations (Fees) Regulations 2(Amendment)

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Corporations Act 1989.

 Dated 21 July 1992.

 BILL HAYDEN

 Governor-General

 By His Excellency’s Command,

MICHAEL DUFFY

Attorney-General

____________

1.   Commencement

1.1   These Regulations commence on 1 August 1992.

2.   Amendment

2.1   The Corporations (Fees) Regulations are amended as set out in these Regulations.

3.   Schedule (Prescribed fees)

3.1   Omit the Schedule, substitute:

SCHEDULE

Regulation 3

 

PRESCRIBED FEES

Column 1

Item

Column 2

Matter

 

Column 3

Fee

 

$

Occupational licensing

 

1

On lodging an application under paragraph 1279 (1) (a) or (b) for registration as an auditor or liquidator

 		 

150

2

On lodging an application under paragraph 1279 (1) (c) for registration as a liquidator of a specified body corporate

 		  

61

 

3

On lodging an application for registration as an official liquidation under subsection 1283 (1)

 		 

150

4

On lodging a statement:

 (a) under subsection 1288 (1) or (3):

  • (i)

    if the statement made in capacity of auditor or liquidator; or

  • (ii)

    if the statement made in the capacity of auditor and liquidator; or

(b)

under subsection 1288 (5)

 		 

75

150

75

5

On making an application under subsection 1144 (1) for a futures broker’s licence or futures adviser’s licence:

 (a) by a body corporate; or

(b)

by a natural person

 		  

300

150

SCHEDULE—continued

Column 1

Item

Column 2

Matter

 

Column 3

Fee

 

6

On lodging a statement under subsection 1157 (1):

  • (a)

    by a body corporate that is the holder of a futures broker’s licence or futures adviser’s licence; or

  • (b)

    by a natural person that is the holder of a futures broker’s licence or futures adviser’s licence

 		 

150

75

 

7

On making application under subsection 782 (1) by a natural person for a dealer’s licence or an investment adviser’s licence

 		  

150

8

On making application under subsection 782 (1) by a body corporate for a dealer’s licence or an investment adviser’s licence

 		  

300

9

On lodging a statement under subsection 791 (1) by a natural person who is the holder of a dealer’s licence or an investment adviser’s licence

 		  

75

 

10

On lodging a statement under subsection 791 (1) by a corporation that is the holder of a dealer’s licence or an investment adviser’s licence

 		  

150

Names

 

11

On lodging an application for the reservation of a name

30

12

On lodging an application for the extension of a reservation of a name

 		 

30

13

On lodging an application for the consent of the Minister under subsection 367 (4) to the use of a name by a corporation or proposed corporation

 		  

250

SCHEDULE—continued

Column 1

Item

Column 2

Matter

 

Column 3

Fee

 

14

On lodging an application for the approval of the Commission to the change of name of a corporation, other than a change of name directed by the Commission under subsection 382 (3)

   

102

 

Incorporation and registration

 

15

On lodging an application under subsection 118 (1) for the registration of a Division 1 company:

  • (a)

    having a share capital; or

     (b) not having a share capital

  

550

215

16

On lodging an application under subsection 133 (1) for the registration of a Division 3 company:

  • (a)

    if, at the time of lodging the application, the non-company was registered under Division 2 of Part 4.1; and

  • (b)

    in any other case

   

188

550

 

17

On lodging an application under subsection 142 (1) for the registration of a Division 4 company

 		 

188

18

On lodging an application under subsection 147 (1) for a certificate authorising an application for transfer of incorporation

  		  

375

Registration of foreign companies and other bodies

 

19

On lodging the documents under section 341 for the registration of a registrable Australian corporation:

  • (a)

    if, in its place of origin, it is incorporated or registered under a law dealing with the incorporation of associations; or

  • (b)

    if, in its place of origin, it is incorporated or registered under a law other than a law dealing with the incorporation of associations

 		   

215

  

550

SCHEDULE—continued

Column 1

Item

Column 2

Matter

 

Column 3

Fee

 

20

On lodging the documents under section 344 for the registration of a foreign company

 		 

550

 

Section 383 licences

 

21

On lodging an application for a licence under section 383

 		 

86

22

On lodging an application for the approval under subsection 383 (9) of an alteration or proposed alteration of the memorandum or articles of a company

 		  

30

Changes after incorporation

 

23

On lodging an application under section 167 for a change of status:

  • (a)

    in respect of an application by a company limited by guarantee to convert to a company limited both by shares and guarantee; or

  • (b)

    in respect of an application other than an application referred to in paragraph (a)

 		    

385

41

24

On lodging a copy of a special resolution under subsection 168 (1) or (2)

 		 

41

Annual returns and accounts

 

25

On making an application to the Commission under subsection 290 (4) or 313 (1)

 

86

26

On lodging an annual return of a public company, not being a public company referred to in item 27, 28 or 29

 

610

 

27

On lodging an annual return of a public company that is a listed corporation

 		 

1220

 

28

On lodging an annual return of a company holding a licence under section 383 or under a corresponding previous law

 		  

30

SCHEDULE—continued

Column 1

Item

Column 2

Matter

 

Column 3

Fee

 

29

On lodging an annual return or accounts of a company limited by guarantee or both by shares and guarantee, where it is stated in the memorandum of the company or, in the case of a Division 2 company that was incorporated before 1 July 1982, its memorandum or articles, that the company:

  • (a)

    is formed for a purpose referred to in paragraph 383 (1) (a); and

  • (b)

    applies its profits (if any) or other income in promoting its purpose; and

  • (c)

    prohibits the distribution of its income or property among its members

 		         

30

 

30

On lodging an annual return of a proprietary company that is not an exempt proprietary company

 		 

305

 

31

On lodging an annual return of a proprietary company not being a company referred to in item 32

 		 

152

32

On lodging an annual return of an exempt proprietary company, if the Commission is satisfied:

  • (a)

    that the company is the proprietor of land upon which is erected a building divided into individual residential areas and areas for common use; and

  • (b)

    that the shareholders in that company are entitled, by virtue of their shareholdings, to the exclusive occupation of one or more of those residential areas and the use of those common areas; and

  • (c)

    that the company operates solely:

    • (i)

      for the purposes of facilitating and enforcing the rights of shareholders in relation to exclusive occupation of those residential areas; and

    • (ii)

      for the maintenance of those common areas

 		             

41

SCHEDULE—continued

Column 1

Item

Column 2

Matter

 

Column 3

Fee

 

33

On lodging an annual return or balance sheet and profit and loss account of a registered foreign company, under section 349

 		  

305

Fund raising

 

34

On lodging:

(a) a prospectus under section 1018 (including a prospectus to be registered under section 1020A); and

(b) a supplementary prospectus under section 1024

  

1150

no fee

36

On submitting to the Commission for examination: a proposed deed for the appointment of a person as trustee for, or representative of, the holders of prescribed interests issued or proposed to be issued by a company, other than a proposed deed referred to in item 37

    

1500

 

37

On submitting to the Commission for examination a proposed deed to amend a deed approved under subsection 1067 (1)

 		  

150

38

On lodging an application to the Commission under section 1069

 		 

200

39

On lodging an application to the Commission under section 1084

 

250

 

40

On lodging any application to the Commission under Part 7.12 for which a fee is not provided by any other item

 		  

51

Charges

 

41

On lodging a notice under section 263 or 264

66

 

SCHEDULE—continued

Column 1

Item

Column 2

Matter

 

Column 3

Fee

 

42

On lodging a notice under section 268

41

 

43

 

On lodging a memorandum under subsection 269 (2)

 

41

Defunct companies

 

44

On lodging an application to the Commission to exercise the powers conferred by section 575 and 577

 

86

45

For an act done by the Commission as representing a defunct company or its liquidator under section 575

 		 

86

46

For an act done by the Commission under section 577

 

86

Futures and Securities Industry bodies

 

47

On making an application for a declaration under subsection 1127 (1) by the Minister that a specified futures market, or a futures market included in a specified class of futures markets, is an exempt futures market

    

905

48

On lodging an application under subsection 1126 (1) for approval of a body corporate as a futures exchange

 		 

905

 

49

On lodging an application under subsection 1131 (1) for approval of a body corporate as a clearing house

 		 

905

50

On lodging an application under subsection 1132 (1) for approval of a body corporate as a futures association

 		 

905

51

On giving notice under subsection 1136 (1) of an amendment or amendments to the business rules of a futures exchange, clearing house or futures association

 		  

86

52

On making an application for a declaration under subsection 771 (1) by the Minister that a specified stock market is an exempt stock market

 		  

905

SCHEDULE—continued

Column 1

Item

Column 2

Matter

 

Column 3

Fee

 

53

On lodging an application under section 769 for approval of a body corporate as a stock exchange

 		 

905

 

54

On lodging an application under subsection 770 (1) for approval of a body corporate as an approved securities organisation

 		  

905

55

On giving notice under subsection 774 (1) of an amendment to the business rules or listing rules of a securities exchange

 		  

86

56

On giving notice under subsection 928 (1) of an amendment to the business rules of a body corporate in relation to which a nomination as the Securities Exchanges Guarantee Corporation is in force under subsection 67 (1) of the Act

 		    

86

Acquisition of shares

 

57

On lodging a copy of a Part A statement and a copy of a proposed offer to which the Part A statement relates for registration under subsection 644 (1)

  

1250

58

On lodging a copy of a notice under section 657 for registration under subsection 659 (1)

 

750

 

59

On lodging a Part C statement under subparagraph 679 (1) (a) (iii)

 		 

750

60

On lodging an application to the Commission under section 728 or 730

 		 

250

61

On lodging any application to the Commission under Chapter 6 for which a fee is not provided by any other item

 		  

150

SCHEDULE—continued

Column 1

Item

Column 2

Matter

 

Column 3

Fee

 

Late lodgment

 

62

On the late lodgment of a document (in addition to any fee provided by any other item for the lodgment of that document):

  • (a)

    if lodged within one month after the prescribed time; or

  • (b)

    if lodged more than one month after the prescribed time

 		   

20

81

Supply of information and documents

 

63

For a document issued or displayed by the Commission that contains current information relating to one corporation where the information is retrieved from a computer:

  • (a)

    if requested by or on behalf of the Australian Broadcasting Corporation, the Special Broadcasting Service, the Australian Bureau of Statistics, the holder of a licence for a commercial broadcasting or television station or the proprietor or publisher of a newspaper generally available to the public otherwise than by subscription; and

  • (b)

    in any other case

 		            

no fee

6

 

64

For a document issued or displayed by the Commission that contains current and non-current information relating to one corporation where the information is retrieved from a computer

 		   

12

SCHEDULE—continued

Column 1

Item

Column 2

Matter

 

Column 3

Fee

 

65

For inspecting, or an enquiry involving an inspection of, the Register of Licence Holders, the Register of Futures Licencees, the Register of Liquidators, or the Register of Official Liquidators:

  • (a)

    if requested by or on behalf of the Australian Broadcasting Corporation, the Special Broadcasting Service, the Australian Bureau of Statistics, the holder of a licence for a commercial broadcasting or television station or the proprietor or publisher of a newspaper generally available to the public otherwise than by subscription; and

  • (b)

    in any other case

 		            

no fee

6

66

Subject to the exemption set out in item 63 (a), for search of indexes of registers prescribed under regulation 9.1.01:

 (a) where the search is undertaken at an office of the Australian Securities Commission; and

(b)

in any other case

 		    

no fee

2

67

For inspecting, or an enquiry involving an inspection of, documents that are lodged by or in relation to a particular corporation:

  • (a)

    where the documents are reproduced using a computer system:

    • (i)

      for less than 10 pages and

     (ii) for 10 pages or more; and

  • (b)

    in any other case

 		    

10

25

10

 

68

For inspecting, or an enquiry involving an inspection of, the Australian Register of Company Charges and documents lodged by a particular corporation and used by the Commission to compile or maintain that Register, where documents are reproduced using a computer system:

  • (a)

    for less than 10 pages; and

  • (b)

    for 10 pages or more

      

16

31

 

SCHEDULE—continued

Column 1

Item

Column 2

Matter

 

Column 3

Fee

 

69

For supplying a certified copy of, or a certified copy of an extract from, a document filed or lodged with the Commission, in addition to the fee payable under items 65, 67 or 68

 		   

11

70

For a certificate issued by the Commission, other than a certificate under subsection 121 (1), 148 (1), 167 (1), 168 (3), 171 (12), 360 (1), 1280 (5), 1282 (6), and 1283 (2)

 		   

11

71

For the production by the Commission, pursuant to a subpoena, of a document in its custody, in addition to the fee payable under item 65, 67 or 68

 		  

30

 

72

Subject to the exemption set out in item 63 (a), for the issue of a document relating to recorded entries about a corporation, or a person who is a director, secretary or principal executive officer of a company, on all registers maintained on a computer

 		    

30

Other matters

 

73

On lodging any document under Chapter 7 or 8 for which a fee is not provided by any other item

 

20

74

For any act that the Commission is required or authorised to do upon the request of a person and for which a fee is not prescribed by any other item

 		  

25

 

75

On lodging, in accordance with paragraph 205 (10) (e), a copy of the notice and of the statement referred to in that paragraph

 		  

86

76

For the preparation by the Commission of the statement referred to in paragraph 411 (17) (b)

 		 

86

77

On submitting to the Commission for examination a proposed statement under subsection 412 (1)

 		 

455

78

On lodging any application for which a fee is not provided by any other item

 		 

25

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 29 July 1992.

2. Statutory Rules 1990 No. 456.

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