Futures
Industry (Fees) Act 1986
No.
73 of 1986
An
Act relating to fees payable for the purposes of the Futures Industry Act 1986
[Assented to 24 June 1986]
BE
IT ENACTED by the Queen, and the Senate and the House of Representatives of the
Commonwealth of Australia, as follows:
Short
title
1. This Act may be cited
as the Futures Industry (Fees)
Act 1986.
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 the Futures
Industry Act 1986 comes into operation.
Interpretation
3. (1) Expressions used in this Act have the same respective meanings
as in the Futures Industry Act 1986.
(2) The Companies and Securities (Interpretation
and Miscellaneous Provisions) Act
1980 applies to this Act.
Fees
payable
4. (1) There shall be paid to the Commonwealth for or in respect of—
(a)
the lodgment of documents with the Commission under the FuturesIndustry Act 1986;
(b)
the registration of documents under that Act or the inspection or search of
registers kept by, or documents in the custody of, the Commission under that
Act;
(c)
the production by the Commission, pursuant to a subpoena, of any register kept
by, or documents in the custody of, the Commission under that Act;
(d)
the issuing of documents or copies of documents, the granting of licences,
consents or approvals or the doing of other acts or things by the Ministerial
Council or the Commission under that Act;
(e)
the making of inquiries of, or applications to, the Ministerial Council or the
Commission in relation to matters arising under that Act; and
(f)
the submission to the Commission of documents for examination by the
Commission,
such
fees (if any) as are prescribed.
(2) Where a fee is payable
to the Commonwealth under sub-section (1) for or in respect of the lodgment of
a document with the Commission and the document is submitted for lodgment
without payment of the fee, the document shall be deemed not to have been lodged
until the fee has been paid.
(3) Where a fee is payable
to the Commonwealth under sub-section (1) for or in respect of any matter
involving the doing of any act or thing by the Ministerial Council or the
Commission, the Ministerial Council or the Commission shall not do that act or
thing until the fee has been paid.
(4) This section has effect
notwithstanding anything contained in the Futures
Industry Act 1986.
(5) Nothing in this section
prevents the Commonwealth from—
(a)
waiving or reducing, in a particular case or classes of cases, fees that would
otherwise be payable pursuant to this section; or
(b)
refunding, in whole or in part, in a particular case or classes of cases, fees
paid pursuant to this section.
Regulations
5. (1) The Governor-General may
make regulations, not inconsistent with this Act, prescribing fees, not in any
case exceeding $1,000, for the purposes of sub-section 4 (1).
(2) The power of the
Governor-General to make regulations shall be exercised only in accordance with
advice that is consistent with resolutions of the Ministerial Council.
[Minister’s second reading speech made in—
House of Representatives on 16
April 1986
Senate on 7 May 1986