Companies (Fees) Regulations (Amendment)

Legislation au C2004L00353 Regulations Not in force Legislative Instrument

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EXPLANATORY STATEMENT

STATUTORY RULES 1988 NO. 35

ISSUED BY THE AUTHORITY OF THE ATTORNEY-GENERAL

COMPANIES (FEES) REGULATIONS (AMENDMENT)

Subsection 5(1) of the Companies (Fees) Act 1981 (“the Act”) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing fees, not in any case exceeding $1,000, for the purposes of subsection 4(1) of the Act. Subsection 5(2) of the Act provides that 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 for Companies and Securities (“the Council”).

2. The Council was established under an agreement between the Commonwealth and the States, executed on 22 December 1978 (“the agreement”), that provides the framework for a co-operative Commonwealth-State scheme for a uniform system of law and administration in relation to company law and the regulation of the securities and futures industries in the six States, the Australian Capital Territory and the Northern Territory of Australia.

3. Under subclause 45(1) of the agreement, the Council may consider a proposal for the amendment of regulations made under the Commonwealth Acts enacted for the purpose of the co-operative companies and securities scheme. Should the


Council approve any draft amending regulation which gives effect to such a proposal, the Commonwealth is then required, under subclause 45(2) of the agreement, to submit the draft regulations to the Federal Executive Council for making by the Governor-General.

4. The accompanying regulations are in accordance with a resolution made by the Council.

5. The purpose of the regulations is to amend the Companies (Fees) Regulations (“the Regulations”) so that fees may be charged for the issue of computer-generated documents which contain extracts from documents lodged with or held by the Corporate Affairs Commission.

6. Details of the accompanying regulations are as follows.

Regulation 1: Commencement

7. This regulation prescribes 1 April 1988 as the date on which the Regulations will come into operation.

Regulation 2: Principal Regulations

8. For the purposes of these Regulations, this regulation defines “Principal Regulations” as meaning the Companies (Fees) Regulations.

Regulation 3: Schedule

9. The Schedule to the Regulations sets out the fees that are payable for the purposes of subsection 4(1) of the Act. That subsection provides:

“4(1) There shall be paid to the Commonwealth for, or in respect of-

(a) the lodgment of documents with the Commission under the Companies Act 1981;


(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 document 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.”

10. Regulation 3 amends the Schedule of fees by inserting four new items providing for the charging of fees for the issue of computer-generated documents.

11. A fee of $5.00 will be charged for the issue of a computer-generated document that contains no more than five classes of information relating to a corporation where that document is requested in person( item 53A). Where such a document is requested otherwise than in person (for example, by post) the fee payable will be $9.00 (item 53C). The fee for a computer-generated document that contains more than five classes of information relating to a corporation will be $6.00 when requested in person (item 53B) and $10.00 when requested otherwise than in person (item 53D).


12. Paragraph (a) of regulation 3 lists the different types of information which, for the purposes of these items, would comprise a separate class of information. For example, information concerning a company’s name and incorporation would be one class of information, information concerning the company’s classification (e.g. public, exempt proprietary, non-exempt proprietary, Limited by shares, etc.) would be a second class of information, and information concerning the company’s principal activities would be a third class of information.

Overview

The Companies (Fees) Regulations (Amendment) 1988 were enacted to address a gap in the ability to charge fees for computer-generated documents containing extracts from those lodged with or held by the Corporate Affairs Commission, as provided for under the Companies (Fees) Act 1981. This amendment was made to better align the legislative framework with contemporary practices and technological advancements in document handling. The regulations were issued under the authority of the Attorney-General, in accordance with a resolution made by the Ministerial Council for Companies and Securities. The objective of these regulations was to ensure that fees could be charged for the issue of computer-generated documents, reflecting the administrative costs associated with their production and distribution.

Scope and Application

The Companies (Fees) Regulations (Amendment) Statutory Rules 1988 No. 35 applies to the Commonwealth and all states and territories participating in the co-operative companies and securities scheme, as established under the agreement executed on 22 December 1978 between the Commonwealth and the States. This agreement provides a framework for a uniform system of law and administration in relation to company law and the regulation of the securities and futures industries. The Act and its regulations apply to all entities required to lodge documents with the Corporate Affairs Commission under the Companies Act 1981, and to individuals or entities seeking information or services from the Commission. The regulations specify fees for the issue of computer-generated documents that contain extracts from documents lodged with or held by the Commission, and these fees vary based on the method of request and the amount of information contained in the document. The fees are set within the limit of $1,000 as prescribed by the Companies (Fees) Act 1981 and are consistent with the resolutions of the Ministerial Council for Companies and Securities. The application of these regulations is further governed by the agreement, which mandates that any draft amending regulation approved by the Council must be submitted to the Federal Executive Council for making by the Governor-General.

Key Provisions

The Companies (Fees) Regulations (Amendment) Statutory Rules 1988 No. 35, issued under the authority of the Attorney-General, provide for amendments to the Companies (Fees) Regulations 1981. These amendments, which came into effect on 1 April 1988, introduce new fees for the issuance of computer-generated documents that contain extracts from documents lodged with or held by the Corporate Affairs Commission. Regulation 3 amends the Schedule of fees by adding four new items (items 53A, 53B, 53C, and 53D) to charge fees for such documents. The fees are determined based on the number of classes of information contained within the document and the method of request. Specifically, a fee of $5.00 is charged for a document containing up to five classes of information when requested in person, while a $9.00 fee applies for the same document when requested by post or other means. For documents containing more than five classes of information, the fee is $6.00 if requested in person and $10.00 if requested otherwise. The amendments impose specific obligations on entities seeking computer-generated documents from the Corporate Affairs Commission. Firstly, these entities must be aware of the new fees and ensure they have the requisite funds available to cover the charges. Secondly, they must be aware of the different fee structures based on the number of classes of information and the method of request. For instance, if an entity requests a document containing more than five classes of information via post, they must be prepared to pay the $10.00 fee specified in item 53D of the Schedule. Additionally, entities must understand what constitutes a separate class of information, as outlined in paragraph (a) of regulation 3, to accurately determine the applicable fee. Failure to comply with the new fee structures may result in civil or administrative penalties. Although the specific penalties are not detailed within the regulations themselves, entities that do not pay the prescribed fees when requesting computer-generated documents may face enforcement actions by the Corporate Affairs Commission. This could include being denied access to the requested documents or facing fines for non-compliance. The precise nature and extent of these penalties would typically be governed by other relevant legislation or administrative guidelines.

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Commercial Law
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Commencement Provisions
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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.