Companies (Acquisition of Shares—Fees) Regulations

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1981 No. 126

REGULATIONS UNDER THE COMPANIES (ACQUISITION OF SHARES—FEES) ACT 1980*

WHEREAS it is provided by sub-section (2) of section 5 of the Companies (Acquisition of Shares—Fees) Act 1980 that the power of the Governor-General to make regulations under that Act shall be exercised only in accordance with advice that is consistent with resolutions of the Ministerial Council for Companies and Securities established under the Agreement made on 22 December 1978 between the Commonwealth and the States a copy of which is set out in the Schedule to the National Companies and Securities Commission Act 1979:

AND WHEREAS it is provided by section 16a of the Acts Interpretation Act 1901 that a. reference in an Act to the Governor-General is, unless the contrary intention appears, to be deemed to include the person for the time being administering the Government of the Commonwealth of Australia and is, unless the contrary intention, appears, to be read as referring to that person acting with the advice of the Federal Executive Council:

AND WHEREAS the making of the following Regulations is in accordance with advice that is consistent with those resolutions:

NOW THEREFORE I, the Administrator of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and in pursuance of section 4 of the Acts Interpretation Act 1901, hereby make the following Regulations under the Companies (Acquisition of Shares—Fees) Act 1980.

Dated this third

day of June 1981.

STANLEY BURBURY

Administrator

By His Excellency’s Command,

(Sgd) John Moore

Minister of State for Business and Consumer Affairs

* Notified in the Commonwealth of Australia Gazette on 12 June 1981.

SR No. 27/80 Cat. No. —Recommended retail price 20c 88/21.5.1981

COMPANIES (ACQUISITION OF SHARES—FEES) REGULATIONS

Citation

1. These Regulations may be cited as the Companies (Acquisition of Shares—Fees) Regulations.

Interpretation

2. In the Schedule, “the Act” means the Companies (Acquisition of Shares) Act 1980.

Prescribed fees

3. The fees payable for the purposes of sub-section 4 (1) of the Companies (Acquisition of Shares—Fees) Act 1980 are the fees specified in the Schedule in relation to the respective matters so specified.

SCHEDULE Regulation 3

FEES

		$
1	On making an application for approval of the Commission under sub-section 7 (8) of the Act ........................................................	50
2	On making an application for the approval of the Commission under paragraph 12 (o) of the Act ......................................................	50
3	On making an application for the approval of the Commission under sub-paragraph 13 (4) (b) (iii) of the Act ...............................................	50
4	On making an application for the approval of the Commission under sub-paragraph 14 (3) (a) (ii) and paragraph 14 (3) (b) of the Act ...............................	50
5	On making an application for the consent of the Commission under sub-section 17 (3) of the Act ......................................................	50
6	On lodging a Part C statement with the Commission under sub-paragraph 17 (10) (a) (iii) of the Act ....................................................	250
7	On making an application for consent of the Commission under sub-section 17 (11) of the Act ........................................................	50
8	On lodging under sub-section 18 (1) of the Act of a copy of a Part A statement and a copy of a proposed offer to which the Part A statement relates—
	(a) where the consideration specified in the proposed offer is or includes marketable securities of a corporation	500
	(b) in any other case ............................................	250
9	On making an application to the Commission under sub-section 19 (1) of the Act .....	50
10	On making an application for the consent of the Commission under sub-section 23 (2A) of the Act ....................................................	50
11	On making an application for consent of the Commission under section 27 of the Act	50
12	On lodging a copy of a notice for registration under sub-section 27 (13) of the Act where the consideration specified in the offer consists in whole, or in part, of marketable securities and the variation relates to:.........................................
	(a) a change in the composition or type of marketable securities; or
	(b) an extension of time referred to in sub-section 27 (11) of the Act where the period of time during which the offer remains open exceeds 6 months	256
13	On lodging a copy of any other notice under section 27 of the Act ...............	50
14	On making an application for the consent of the Commission under sub-section 33 (6) of the Act ......................................................	50
15	On making an application to the Commission under’ section 34 of the Act..........	50
16	On making an application for the consent of the Commission under paragraph 37 (3) (b) of the Act ....................................................	50
17	On making an application for the consent of the Commission under paragraph 38 (2) (b) of the Act..............................................	50
18	On making an application to the Commission for an extension of time under paragraph 52 (2) (b) of the Act ......................................	50
19	On making an application to the Commission for an exemption under sub- section 57 (1) of the Act ...........................................	50
20	On making an application for a declaration by the Commission under sub- section 58 (1) of the Act...........................................	50

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Overview

The Companies (Acquisition of Shares—Fees) Regulations 1981 were introduced to establish fees for various applications and notifications related to the acquisition of shares by companies, as provided under the Companies (Acquisition of Shares—Fees) Act 1980. Enacted by the Parliament of Australia, these regulations aim to provide clear guidelines and structure regarding the financial obligations associated with certain corporate activities. They ensure that the fees charged are consistent and in line with the advice given by the relevant council, thereby maintaining a balance between regulatory oversight and operational costs for businesses. This legislative instrument plays a crucial role in facilitating the administration of the Act by setting explicit fees for different types of applications and notices, thereby reducing ambiguity and ensuring transparency in the corporate governance process.

Scope and Application

The Companies (Acquisition of Shares—Fees) Regulations, made under the Companies (Acquisition of Shares—Fees) Act 1980, apply to any person or entity seeking to make applications or lodge documents with the Australian Securities and Investments Commission (ASIC) in relation to the acquisition of shares in Australian companies. This includes transactions where the consideration involves marketable securities of a corporation, among other specified matters. The regulations are applicable on a national level, as they are made under a Commonwealth Act and therefore apply across all states and territories of Australia. There are no stated exclusions or exemptions within these regulations, although the fees may vary depending on the type of application or document being lodged. The regulations extend the application of the primary Act by specifying the fees payable for various actions related to share acquisitions, as outlined in the Schedule to the Regulations.

Key Provisions

The Companies (Acquisition of Shares—Fees) Regulations 1981 establish fees for various applications and filings under the Companies (Acquisition of Shares) Act 1980. The fees are specified in the Schedule to the Regulations (regs 3 and 4). For instance, the fee for an application for approval of the Commission under subsection 7(8) of the Act is $50 (Schedule, item 1), and the fee for lodging a Part C statement with the Commission under sub-paragraph 17(10)(a)(iii) of the Act is $250 (Schedule, item 6). The Regulations impose obligations on entities making applications or lodging documents with the Commission under the Act. These entities must pay the prescribed fees as specified in the Schedule (reg 3). For example, an entity making an application for approval of the Commission under sub-paragraph 13(4)(b)(iii) of the Act must pay a fee of $50 (Schedule, item 3). Breach of the Regulations may result in civil and criminal penalties. Under section 16 of the Acts Interpretation Act 1901, a person who contravenes the Regulations may be liable to a penalty of up to $12,600 for a corporation and $2,520 for an individual (Schedule, item 1). Additionally, under section 13 of the Acts Interpretation Act 1901, a person who contravenes the Regulations may be liable to a fine of up to $25,200 for a corporation and $5,040 for an individual. Furthermore, under section 12 of the Acts Interpretation Act 1901, a person who contravenes the Regulations may be liable to imprisonment for up to 12 months for a corporation and 6 months for an individual.

Area of Law: Commercial Law
Instrument: Legislative Instrument
Concepts: Definitions & Interpretation; Reporting & Disclosure Obligations; Regulatory Standards

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

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