Corporations (Fees) Regulations (Amendment) (Cth)

Statutory Rules 1994

No. 199 1

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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 June 1994.

BILL HAYDEN

Governor-General

By His Excellency’s Command,

M. LAVARCH

Attorney-General

____________

1. Commencement

1.1 These Regulations commence on 1 July 1994.

2. Amendment

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

3. Regulation 3 (Prescribed fees)

3.1 Omit the regulation, substitute:

“3.

The fee prescribed for the purposes of section 25 of the Corporations Act 1989 for a chargeable matter set out in the Schedule is the fee specified in the Schedule for that matter.”

4. Schedule (Prescribed Fees)

4.1 Omit the Schedule, substitute:

SCHEDULE Regulation 3

FEES

PART 1—INTERPRETATION

In item 7 in Part 2 of this Schedule:

“special purpose company” means:

(a) a company holding a licence under section 383 or under a corresponding previous law; or
(b) a company limited by guarantee or by both shares and guarantee, if 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:
(i)
is formed for a purpose referred to in paragraph 383 (1) (a); and
(ii)
applies its profits (if any) or other income in promoting its purpose; and
(iii)
prohibits the distribution of its income or property among its members; or
(c) an exempt proprietary company, if:
(i)
the company is the proprietor of land upon which is erected a building divided into individual residential areas and areas for common use; and
(ii)
the shareholders in the 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

(iii)
the company operates solely:
(A)
for the purposes of facilitating and enforcing the rights of shareholders in relation to exclusive occupation of those residential areas; and
(B)
for the maintenance of those common areas; or
(d) any other company, if:
(i)
the memorandum of the company prohibits the distribution of the company’s income or property among its members; and
(ii)
the company operates solely for the purpose of acting as the trustee of a regulated superannuation fund within the meaning of section 19 of the Superannuation Industry (Supervision) Act 1993.

PART 2—FEES

Column 1

Item

Column 2

Matter

Column 3

Fee

Occupational licensing

On application under subsection 782 (1) for a dealer’s licence or an investment adviser’s licence or under subsection 1144 (1) for a futures broker’s licence or a futures adviser’s licence:

(a) by a body corporate

(b) by a natural person

$400

$250

On lodging a statement under subsection 791 (1) or 1157 (1):

(a) by a body corporate that is the holder of a dealer’s licence, an investment adviser’s licence, a futures broker’s licence or a futures adviser’s licence
(b) by a natural person who is the holder of a dealer’s licence, an investment adviser’s licence, a futures broker’s licence or a futures adviser’s licence

$250

$100

On application under Part 9.2 for registration as:

(a) an auditor

(b) an official liquidator

(c) a liquidator, except a liquidator referred to in paragraph (d)

(d) a liquidator of a specified body corporate

$250

$50

On lodging a statement under section 1288

$100

Incorporation and Registration of companies and other bodies
5	On application for the registration of: (a) a Division 1 company: (i) if the application is lodged before 1 January 1995 and it is stated in the memorandum of the company that: (A) the company is formed for the purpose of acting solely as the trustee of a regulated superannuation fund within the meaning of section 19 of the Superannuation Industry (Supervision) Act 1993; and
(B) the memorandum of the company prohibits the distribution of the company’s income or property among its members (ii) in any other case: (A) if the company has a share capital (B) if the company does not have a share capital (b) a Division 3 company: (i) if, at the time of lodging the application, the non-company was registered under Division 2 of Part 4.1 (ii) in any other case (c) a Division 4 company	$100 $600 $250 $250 $600 $250
6	On lodging the documents under Part 4.1 for the registration of: (a) a registrable Australian corporation: (i) if, in its place of origin, it is incorporated or registered under a law dealing with the incorporation of associations (ii) if, in its place of origin, it is incorporated or registered under a law except a law dealing with the incorporation of associations (b) a foreign company	$250 $600 $600
Annual returns and accounts
7	On lodging the annual return of: (a) a public company, except a special purpose company (b) a proprietary company, except an exempt proprietary company referred to in paragraph (c) (c) a special purpose company	$750 $175 $30
8	On lodging the first annual return of a Division 1 company after the company has ceased to act solely as the trustee of a regulated superannuation fund within the meaning of section 19 of the Superannuation Industry (Supervision) Act 1993, in addition to the fee payable under paragraph 7 (a) or 7 (b): (a) if the application to register the company was lodged on or after 11 March 1994 and before 1 January 1995 (b) in any other case	$500 no fee
9	On lodging an annual return or balance sheet and profit and loss account of a registered foreign company under section 349	$750
Fund raising
10	On lodging: (a) a prospectus under section 1018 (b) a supplementary prospectus under section 1024	$1500 no fee
11	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, except a proposed deed referred to in item 11	$1500
12	On submitting to the Commission for examination a proposed deed to amend a deed approved under subsection 1067 (1)	$175
Charges
13	On lodging a notice under section 263 or 264	$100
14	On lodging a notice under section 268 or a memorandum under subsection 269 (2)	$50
Futures and Securities Industry bodies
15	On application for: (a) a declaration under subsection 771 (1) by the Minister that a specified stock market is an exempt stock market; or (b) 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	$1000
16	On lodging an application for approval of a body corporate as: (a) a stock exchange; or (b) an approved securities organisation; or (c) a futures exchange; or (d) a clearing house; or (e) a futures association	$1000
17	On giving notice: (a) under subsection 774 (1) of an amendment, or amendments, of the business rules or listing rules of a securities exchange; or (b) under subsection 928 (1) of an amendment, or amendments, of the business rules of a body corporate in relation to which a nomination as the Securities Exchange Guarantee Corporation is in force under subsection 67 (1) of the Act; or (c) under subsection 1136 (1) of an amendment, or amendments, of the business rules of a futures exchange, clearing house or futures association	$100
Acquisition of shares
18	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)	$1500
19	On lodging a copy of a notice under section 657 for registration under subsection 659 (1)	$750
20	On lodging a Part C statement under subparagraph 679 (1) (a) (iii)	$750
Other applications
21	On lodging an application: (a) under subsection 147 (1) for a certificate authorising an application for transfer of incorporation; or (b) under section 167 for a change of status in respect of an application by a company limited by guarantee to convert to a company limited by both shares and guarantee	$400
22	On lodging an application: (a) for the consent of the Minister under subsection 367 (4) to the use of a name by a corporation or proposed corporation; or (b) under section 728, 730, 1069 or 1084	$250
23	On lodging an application: (a) for the Commission to exercise the powers conferred by section 575 or 577; or (b) under Chapter 6 for which a fee is not provided by any other item	$175
24	On application: (a) under subsection 290 (4) or 313 (1); or (b) for the approval of the Commission to the change of name of a corporation, except a change of name directed by the Commission under subsection 382 (3); or (c) for a licence under section 383	$100
25	On application: (a) under section 167 for a change of status, except a change of status referred to in paragraph 21 (b); or (b) under Part 7.12 for which a fee is not provided by any other item	$50
26	On lodging an application: (a) for the reservation of a name or for the extension of a reservation of a name; or (b) for the approval under subsection 383 (9) of an alteration or proposed alteration of the memorandum or articles of a company	$30
27	On lodging an application for which a fee is not provided by any other item	$25
Late lodgment
28	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: (i) in the case of a document that is an annual return of a company (ii) in any other case, including that of a document deemed by section 338 to have been lodged at the time the annual return is lodged (b) if lodged more than one month after the prescribed time	no fee $50 $200
Supply of information and documents
29	For a document issued or displayed by the Commission that contains 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:
(i) if the document contains only current information (ii) if the document contains both current and non-current information (b) in any other case: (i) if the document contains only current information (ii) if the document contains both current and non-current information	no fee $13 $7 $13
30	For inspecting, or an enquiry involving the 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 (ii) for 10 pages or more (b) in any other case	$13 $25 $13
31	For inspecting, or an enquiry involving an inspection of, the Register of Licence Holders, the Register of Futures Licensees, the Register of Auditors, 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 (b) in any other case	no fee $7
32	For inspecting, or an enquiry involving the 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 (b) for 10 pages or more	$13 $25
33	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 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 (b) in any other case	no fee $25
34	For a certificate issued by the Commission, except a certificate under subsections 121 (1), 148 (1), 167 (1), 168 (3), 171 (12), 360 (1), 1280 (5), 1282 (6) and 1283 (2)	$13
35	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 30, 31 and 32	$13
36	For the production by the Commission, pursuant to a subpoena, of a document in its custody	$25
37	Where the inspection of a register or the issue or display of a document occurs at a Business Centre of the Australian Securities Commission, in addition to the fee payable under item 29, 30, 31, 32 or 33	$2
Other matters
38	On lodging a copy of a special resolution under subsection 168 (1) or (2)	$50
39	On lodging any document under Chapter 7 or 8, if no fee is prescribed in relation to the document in any other item, except where “no fee” appears in column 3 of an item in relation to the document	$25
40	For any act that the Commission is required or authorised to do on the request of a person, if no fee is prescribed in relation to the act, except: (a) an act under section 575 or 577; or (b) where “no fee” appears in column 3 of an item in relation to the act	$25
41	For the preparation by the Commission of the statement referred to in paragraph 411 (17) (b)	$100
42	On submitting a proposed statement under subsection 412 (1) to the Commission for examination	$500

NOTES

1. Notified in the Commonwealth of Australia Gazette on 22 June 1994.
2. Statutory Rules 1990 No. 456 as amended by 1992 No. 236; 1993 No. 242; 1994 No. 34.