Corporations (Review Fees) Act 2003

Administered by Department of the Treasury

Legislation au C2004A01108 In force Act

Legislation content

Corporations (Review Fees) Act 2003

No. 23, 2003

Compilation No. 6

Compilation date: 14 March 2026

Includes amendments: Act No. 6, 2026

About this compilation

This compilation

This is a compilation of the Corporations (Review Fees) Act 2003 that shows the text of the law as amended and in force on 14 March 2026 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).

Application, saving and transitional provisions

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Presentational changes

The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. Any modifications affecting the law are accessible on the Register.

Selfrepealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

1 Short title

2 Commencement

3 Application to the Crown

4 Definitions

5 Imposition of review fees

6 Matters relating to amount of fees

7 Who is liable to pay a review fee, and time that liability is incurred

7A Validation of certain review fees

8 Regulations

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

 

An Act to impose, as taxes, review fees in relation to the Corporations Act 2001, and for related purposes

1  Short title

  This Act may be cited as the Corporations (Review Fees) Act 2003.

2  Commencement

  This Act commences on 1 July 2003.

3  Application to the Crown

  If the Crown, in a capacity, is bound by the provision or provisions of the Corporations Act 2001 to which a review fee relates, then the Crown, in that capacity, is bound by this Act in respect of that review fee.

4  Definitions

 (1) In this Act:

review date:

 (a) for a company, registered scheme or notified foreign passport fund—has the meaning given by section 345A of the Corporations Act 2001; and

 (b) for a person mentioned in subsection 5(1) other than a company, registered scheme or notified foreign passport fund—has the meaning prescribed by the regulations in relation to that person.

review fee means a fee imposed by section 5.

 (2) Subject to this Act, Part 1.2 (Interpretation) of the Corporations Act 2001 applies for the purposes of this Act as if the provisions of this Act were provisions of that Act.

Note: Part 1.2 of the Corporations Act 2001 includes the Dictionary in section 9 of that Act, so the definitions in that section apply for the purposes of this Act unless this Act otherwise provides.

5  Imposition of review fees

 (1) Subject to section 6, the regulations may prescribe fees in relation to the review dates of the following:

 (a) companies;

 (b) registered schemes;

 (ba) notified foreign passport funds;

 (c) registered Australian bodies;

 (d) natural persons registered as auditors under Part 9.2 of the Corporations Act 2001;

 (f) persons holding an Australian financial services licence under Part 7.6 of the Corporations Act 2001.

Note: The regulations may prescribe a fee to be paid in one year in relation to the review date of a later year (see paragraph 1351(4)(b) of the Corporations Act 2001).

 (2) The fees prescribed by the regulations are imposed, and are so imposed as taxes.

6  Matters relating to amount of fees

 (1) The regulations may prescribe a review fee by specifying an amount (not exceeding $10,000) as the fee.

 (2) A review fee need not bear any relationship to the cost of providing any service.

7  Who is liable to pay a review fee, and time that liability is incurred

 (1) The person who is liable to pay a review fee is worked out under this table.

 

Liability for review fees

Item

For a review fee imposed on...

The person liable is...

1

a company

the company

2

a registered scheme

the responsible entity of the scheme

2A

a notified foreign passport fund

the operator of the fund

3

a registered Australian body

the body

4

a natural person registered as an auditor under Part 9.2 of the Corporations Act 2001

the natural person

6

a person holding an Australian financial services licence under Part 7.6 of the Corporations Act 2001

the person

 (2) A person who is liable to pay a review fee incurs that liability on each review date for the person.

7A  Validation of certain review fees

 (1) This section applies in relation to the amount of a review fee in the financial year starting on 1 July 2011, or a later financial year starting on or before 1 July 2024, if:

 (a) the review fee was prescribed because of item 103 of Part 1, item 101, 102, 103 or 104 of Part 1A, or any item of Part 2, of Schedule 1 to the Review Fees Regulations, as in force at any time during the period:

 (i) starting at the commencement of the 2011 amending regulations; and

 (ii) ending immediately before the commencement of the 2025 amending regulations; and

 (b) in relation to the financial year starting on 1 July 2024—the review fee is for a review date that occurred before the commencement of the 2025 amending regulations.

Note: The 2011 amending regulations commenced on 1 July 2011. The 2025 amending regulations commenced on 12 March 2025.

 (2) The amount of the review fee is taken to be, and always to have been, the amount it would have been if subregulation 4(6) (rather than subregulation 4(5)) of the Review Fees Regulations, as amended by the 2011 amending regulations, had applied to review fees in the financial year starting on 1 July 2011.

 (3) In this section:

2011 amending regulations means the Corporations (Review Fees) Amendment Regulations 2011 (No. 1).

2025 amending regulations means the Corporations (Review Fees) Amendment (2025 Measures No. 1) Regulations 2025.

financial year means a period of 12 months starting on 1 July.

Review Fees Regulations means the Corporations (Review Fees) Regulations 2003.

8  Regulations

  The GovernorGeneral may make regulations for the purposes of this Act and section 1351 of the Corporations Act 2001.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

 

Endnote 2—Abbreviation key

 

ad = added or inserted

orig = original

am = amended

p = page(s)

amdt = amendment

para = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

/subsubparagraph(s)

ch = Chapter(s)

pres = present

cl = clause(s)

prev = previous

cont. = continued

(prev…) = previously

def = definition(s)

pt = Part(s)

Dict = Dictionary

r = regulation(s)/Court rule(s)

disallowed = disallowed by Parliament

reloc = relocated

div = Division(s)

renum = renumbered

ed = editorial change

rep = repealed

exp = expires/expired or ceases/ceased to have

rs = repealed and substituted

effect

s = section(s)/subsection(s)

gaz = gazette

/rule(s)/subrule(s)/order(s)/suborder(s)

LA = Legislation Act 2003

sch = Schedule(s)

LIA = Legislative Instruments Act 2003

SLI = Select Legislative Instrument

(md) = misdescribed amendment can be given

SR = Statutory Rules

effect

sub ch = SubChapter(s)

(md not incorp) = misdescribed amendment

sub div = Subdivision(s)

cannot be given effect

sub pt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

commenced or to be commenced

Ord = Ordinance

 

 

Endnote 3—Legislation history

 

Act
(Register ID)

Number and year

Assent

Commencement

Application, saving and transitional provisions

Corporations (Review Fees) Act 2003 (C2004A01108)

23, 2003

11 Apr 2003

1 July 2003 (s 2)

 

Corporations (Review Fees) Amendment Act 2007 (C2007A00103)

103, 2007

28 June 2007

sch 1: 1 Sept 2007 (s 2(1) item 2)

Insolvency Law Reform Act 2016 (C2016A00011)

11, 2016

29 Feb 2016

sch 2 (items 266, 267): 1 Mar 2017 (s 2(1) item 5)

Corporations (Review Fees) Amendment Act 2018 (C2018A00072)

72, 2018

29 June 2018

sch 1: 18 Sept 2018 (s 2(1) item 2)

sch 1 (item 4)

Treasury Laws Amendment (2023 Law Improvement Package No. 1) Act 2023 (C2023A00076)

76, 2023

20 Sept 2023

sch 2 (item 639): 20 Oct 2023 (s 2(1) item 2)

Corporations (Review Fees) Amendment (Technical Amendments) Act 2026 (C2026A00006)

6, 2026

13 Mar 2026

14 Mar 2026 (s 2(1) item 1)

 

Endnote 4—Amendment history

 

Provision affected

How affected

s 4.....................

am No 72, 2018; No 76, 2023

s 5.....................

am No 103, 2007; No 11, 2016

 

rs No 72, 2018

s 7.....................

am No 11, 2016; No 72, 2018

s 7A....................

ad No 6, 2026

s 8.....................

am No 103, 2007

 

Overview

The Corporations (Review Fees) Act 2003 was enacted to address the need for imposing review fees in relation to the Corporations Act 2001 as taxes. This Act was introduced to provide a structured and legal basis for the imposition of fees associated with the review of entities and individuals under the Corporations Act 2001, ensuring that such fees are collected in a manner consistent with tax laws. The Act was passed by the Australian Parliament and aims to facilitate the orderly administration of fees for the review of corporate and other entities, thereby supporting the regulatory functions of the Corporations Act. This Act allows the regulations to specify the fees, ensuring flexibility in their imposition while maintaining a clear legal framework. The Corporations (Review Fees) Act 2003 defines the scope and application of review fees, specifying who is liable to pay these fees and the conditions under which they become due. It also provides for the validation of certain review fees and empowers the Governor-General to make regulations necessary for the implementation of the Act. The Act ensures that the review fees are imposed as taxes, thereby integrating them into the broader tax and regulatory system.

Scope and Application

The Corporations (Review Fees) Act 2003 applies to the imposition of review fees in relation to the Corporations Act 2001. This Act applies to various entities, including companies, registered schemes, notified foreign passport funds, registered Australian bodies, natural persons registered as auditors under the Corporations Act 2001, and persons holding an Australian financial services licence under the Corporations Act 2001. The fees are imposed as taxes and are subject to regulation under this Act. The Crown, when bound by the Corporations Act 2001, is also subject to this Act concerning review fees. The Act includes provisions for the validation of certain review fees and allows for the creation of regulations by the Governor-General to specify the fees, their amounts, and the entities liable to pay them. The Act commenced on 1 July 2003 and has since been amended by subsequent legislation to refine and update its provisions.

Key Provisions

The Corporations (Review Fees) Act 2003 establishes the framework for imposing review fees in relation to the Corporations Act 2001. Under Section 5, the regulations may prescribe fees related to the review dates of entities such as companies, registered schemes, notified foreign passport funds, registered Australian bodies, natural persons registered as auditors, and persons holding an Australian financial services licence. These fees are imposed as taxes. Section 6 specifies that the amount of a review fee, which cannot exceed $10,000, can be prescribed by the regulations and does not need to be related to the cost of providing any service. Section 7 details who is liable to pay a review fee, with liability incurred on each review date by the relevant entity, such as the company itself, the responsible entity of a scheme, or the person holding a financial services licence. The Act imposes several obligations on the entities governed by it. Firstly, it requires the Crown, in a capacity bound by the Corporations Act 2001, to be bound by this Act in respect of the review fee. Secondly, it mandates that the Governor-General may make regulations for the purposes of this Act and section 1351 of the Corporations Act 2001. Furthermore, Section 7A validates certain review fees prescribed in specific circumstances, ensuring that the amount of the review fee is adjusted to reflect a particular regulatory amendment. The Act also outlines the consequences for breaches of its provisions. While specific offences, penalties, or civil/criminal consequences are not explicitly stated within the provided sections, the imposition of fees as taxes implies that non-payment or incorrect payment could lead to financial penalties. Additionally, the validation of certain review fees in Section 7A suggests that improper application of these fees could result in regulatory scrutiny or corrective measures. The precise penalties would be detailed in the associated regulations or further legislative provisions.

Legal classification tags

Area of Law
Commercial Law
Taxation Law
Instrument
Act
Concepts
Definitions & Interpretation
Imposition of review fees
Licensing & Registration
Enforcement Powers
Regulatory Standards

Interactions

Authorises

All Versions

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.