Securities Industry (Fees) Act 1980 (Cth)

Securities Industry (Fees) Act 1980

Act No. 67 of 1980 as amended

[Note: This Act is repealed by Act No. 118 of 1999]

This compilation was prepared on 21 August 2000

taking into account amendments up to Act No. 118 of 1999

The text of any of those amendments not in force

on that date is appended in the Notes section

Prepared by the Office of Legislative Drafting,

Attorney‑General’s Department, Canberra

      

Contents

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An Act relating to fees payable for the purposes of the Securities Industry Act 1980

1Short title [see Note 1]

 This Act may be cited as the Securities Industry (Fees) Act 1980.

2Commencement [see Note 1]

 This Act shall come into operation on the day on which the Securities Industry Act 1980 comes into operation.

3Interpretation

• (1)

  Expressions used in this Act have the same respective meanings as in the Securities Industry Act 1980.

• (2)

  The Companies and Securities (Interpretation and Miscellaneous Provisions) Act 1980 applies to this Act.

4Fees payable

• (1)

  There shall be paid to the Commonwealth for or in respect of:

  • (a)

    the lodgment of documents with the Commission under the Securities Industry Act 1980;

  • (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 subsection (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 subsection (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 Securities Industry Act 1980.

• (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.

5Regulations

• (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 subsection 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.

Notes to the Securities Industry (Fees) Act 1980

Note 1

The Securities Industry (Fees) Act 1980 as shown in this compilation comprises Act No. 67, 1980 amended as indicated in the Tables below.

Table of Acts

Act	Number and year	Date of Assent	Date of commencement	Application, saving or transitional provisions
Securities Industry (Fees) Act 1980	67, 1980	28 May 1980	1 July 1981 (see s. 2 and Gazette 1981, No. S118)
Securities Industry (Fees) Amendment Act 1981	97, 1981	18 June 1981	1 Oct 1981 (see Gazette 1981, No. S191)		—
Companies and Securities Legislation (Miscellaneous Amendments) Act 1981	153, 1981	26 Oct 1981	1 July 1981 (see s. 2 (3) and Gazette 1981, No. S118)		—
Co‑operative Scheme Legislation Amendment Act 1989	92, 1989	27 June 1989	S. 80: (a)		—
as amended by
Corporation Legislation Amendment Act (No. 2) 1991	201, 1991	18 Dec 1991	18 Dec 1991		—
Statue Stocktake Act 1999	118, 1999	22 Sept 1999	22 Sept 1999	—

(a) Section 80 of the Co-operative Scheme Legislation Amendment Act 1989 was repealed by section 16 of the Corporation Legislation Amendment Act (No. 2) 1991 before a date was fixed for its commencement.

Table of Amendments

ad. = added or inserted  am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
S. 3...........................................	am. No. 153, 1981
S. 4...........................................	am. No. 97, 1981